What is the legal requirement for lead-based paint disclosure in homes?

The legal requirement for lead-based paint disclosure pertains specifically to homes built before 1978. This regulation was established because homes constructed during or before this year are more likely to contain lead-based paint, which poses significant health risks, particularly to young children and pregnant women. The U.S. Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) mandated that sellers and landlords of residential properties built before 1978 provide buyers or tenants with an informational pamphlet about lead poisoning prevention and disclose any known lead-based paint hazards in the property.

In this context, homes built after 1978 are not subject to this disclosure requirement because lead-based paint was banned for residential use in the United States in that year. The rules focus on properties likely to still have lead paint since those built after the ban are considered safe from lead hazards. Therefore, the focus on homes built before 1978 as the threshold for disclosure is central to the health and safety precautions mandated by these regulations.