//Section 4 — Disclosure of Lead-Based Paint Hazards Upon Sale or Lease of Residential Property

Section 4 — Disclosure of Lead-Based Paint Hazards Upon Sale or Lease of Residential Property

4.1 Purpose

This Section imposes certain requirements on the sale or lease of target housing. Under this Section, a seller or lessor of target housing shall disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards; provide available records and reports; provide the purchaser or lessee with a lead hazard information pamphlet; give purchasers a ten (10)-day opportunity to conduct a risk assessment or inspection; and attach specific disclosure and warning language to the sales or leasing contract before the purchaser or lessee is obligated under a contract to purchase or lease target housing.

4.2 Scope and applicability

For the purposes of this Section lease renewal shall include both renegotiation of existing lease terms and/or ratification of a new lease. This Section applies to all transactions to sell or lease target housing, including subleases, with the exception of the following:

4.2.1 Sales of target housing at foreclosure.

4.2.2 Leases of target housing that have been found to be lead-based paint free by an inspector certified under the federal certification program or under a federally accredited state certification program. Until a federal certification program or federally accredited state certification program is in place within the state, inspectors shall be considered qualified to conduct an inspection for this purpose if they have received certification under any existing state inspector certification program. The lessor has the option of using the results of additional test(s) by a certified inspector to confirm or refute a prior finding.

4.2.3 Renewals of existing leases in target housing in which the lessor has previously disclosed all information required under Section 4.3 and where no new information described in Section 4.3 has come into the possession of the lessor.

4.3 Disclosure requirements for sellers and lessors

4.3.1 The following activities shall be completed before the purchaser or lessee is obligated under any contract to purchase or lease target housing that is not otherwise an exempt transaction pursuant to Section 4.2. Nothing in this Section implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities.

4.3.1.1 The seller or lessor shall provide the purchaser or lessee with an EPA-approved lead hazard information pamphlet. Such pamphlets include the EPA document entitled Protect Your Family From Lead in Your Home (EPA #747-K-94-001) or an equivalent pamphlet that has been approved for use in that Nevada or Clark County by EPA.

4.3.1.2 The seller or lessor shall disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. The seller or lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.

4.3.1.3 The seller or lessor shall disclose to each agent the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased and the existence of any available records or reports pertaining to lead-based paint and/or lead-based paint hazards. The seller or lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.

4.3.1.4 The seller or lessor shall provide the purchaser or lessee with any records or reports available to the seller or lessor pertaining to lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. This requirement includes records or reports regarding common areas. This requirement also includes records or reports regarding other residential dwellings in multifamily target housing, provided that such information is part of an evaluation or reduction of lead-based paint and/or lead-based paint hazards in the target housing as a whole.

4.3.2 If any of the disclosure activities identified in Section 4.3.1 occurs after the purchaser or lessee has provided an offer to purchase or lease the housing, the seller or lessor shall complete the required disclosure activities prior to accepting the purchaser’s or lessee’s offer.

4.4 Opportunity to conduct an evaluation

4.4.1 Before a purchaser is obligated under any contract to purchase target housing, the seller shall permit the purchaser a 10-day period (unless the parties mutually agree, in writing, upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.

4.4.2 Notwithstanding Section 4.4.1, a purchaser may waive the opportunity to conduct the risk assessment or inspection by so indicating in writing.

4.5 Certification and acknowledgment of disclosure

4.5.1 Seller requirements

Each contract to sell target housing shall include an attachment containing the following elements, in the language of the contract (e.g., English, Spanish):

4.5.1.1 A Lead Warning Statement consisting of the following language: Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

4.5.1.2 A statement by the seller disclosing the presence of known lead-based paint and/or lead-based paint hazards in the target housing being sold or indicating no knowledge of the presence of lead-based paint and/or lead-based paint hazards. The seller shall also provide any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.

4.5.1.3 A list of any records or reports available to the seller pertaining to lead-based paint and/or lead-based paint hazards in the housing that have been provided to the purchaser. If no such records or reports are available, the seller shall so indicate.

4.5.1.4 A statement by the purchaser affirming receipt of the information set out in Sections 4.5.1.2 and 4.5.1.3, and the lead hazard information pamphlet required under Title 15—Commerce and Trade; Chapter 53–Toxic Substances Control; Subchapter IV—Lead Exposure Reduction; Section 2686—Lead Hazard Information Pamphlet (15 U.S.C. 2686) See Appendix B.

4.5.1.5 A statement by the purchaser that he/she has either:

4.5.1.5.1 Received the opportunity to conduct the risk assessment or inspection required by Section 4.4.1; or

4.5.1.5.2 Waived the opportunity.

4.5.1.6 When one or more agents are involved in the transaction to sell target housing on behalf of the seller, a statement that:

4.5.1.6.1 The agent has informed the seller of the seller’s obligations under Title 42—The Public Health and Welfare; Chapter 63A—Residential Lead-Based Paint Hazard Reduction; Subchapter I—Lead-Based Paint Hazard Reduction; § 4852d—Disclosure Of Information Concerning Lead Upon Transfer Of Residential Property (42 U.S.C. 4852d) See Appendix C; and

4.5.1.6.2 The agent is aware of his/her duty to ensure compliance with the requirements of this Section.

4.5.1.7 The signatures of the sellers, agents, and purchasers certifying to the accuracy of their statements to the best of their knowledge, along with the dates of signature.

4.5.2 Lessor requirements

Each contract to lease target housing shall include, as an attachment or within the contract, the following elements, in the language of the contract (e.g., English, Spanish):

4.5.2.1 A Lead Warning Statement with the following language: Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

4.5.2.2 A statement by the lessor disclosing the presence of known lead-based paint and/or lead-based paint hazards in the target housing being leased or indicating no knowledge of the presence of lead-based paint and/or lead-based paint hazards. The lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.

4.5.2.3 A list of any records or reports available to the lessor pertaining to lead-based paint and/or lead-based paint hazards in the housing that have been provided to the lessee. If no such records or reports are available, the lessor shall so indicate.

4.5.2.4 A statement by the lessee affirming receipt of the information set out in Sections 4.5.2.2 and 4.5.2.3 and the lead hazard information pamphlet required under 15 U.S.C. 2686. See Appendix B.

4.5.2.5 When one or more agents are involved in the transaction to lease target housing on behalf of the lessor, a statement that:

4.5.2.5.1 The agent has informed the lessor of the lessor’s obligations under 42 U.S.C. 4852d See Appendix C, and;

4.5.2.5.2 The agent is aware of his/her duty to ensure compliance with the requirements of this Section.

4.5.2.6 The signatures of the lessors, agents, and lessees, certifying to the accuracy of their statements, to the best of their knowledge, along with the dates of signature.

4.5.3 Retention of Certification and Acknowledgment Information

4.5.3.1 The seller, and any agent, shall retain a copy of the completed attachment required under Section 4.5.1 for no less than 3 years from the completion date of the sale. The lessor, and any agent, shall retain a copy of the completed attachment or lease contract containing the information required under Section 4.5.2 for no less than three (3) years from the commencement of the leasing period.

4.5.3.2 This recordkeeping requirement is not intended to place any limitations on civil suits.

4.5.4 The seller, lessor, or agent shall not be responsible for the failure of a purchaser’s or lessee’s legal representative (where such representative receives all compensation from the purchaser or lessee) to transmit disclosure materials to the purchaser or lessee, provided that all required parties have completed and signed the necessary certification and acknowledgment language required under Sections 4.5.1 and 4.5.2.

4.6 Agent responsibilities

4.6.1 Each agent shall ensure compliance with all requirements of this Section. To ensure compliance, the agent shall:

4.6.1.1 Inform the seller or lessor of his/her obligations under Sections 4.3, 4.4, and 4.5.

4.6.1.2 Ensure that the seller or lessor has performed all activities required under Sections 4.3, 4.4, and 4.5, or personally ensure compliance with the requirements of Sections 4.3, 4.4, and 4.5.

4.6.2 If the agent has complied with Section 4.6.1.1, the agent shall not be liable for the failure to disclose to a purchaser or lessee the presence of lead-based paint and/or lead-based paint hazards known by a seller or lessor but not disclosed to the agent.

4.7 Authority to inspect

4.7.1 Health Authority staff shall present SNHD-issued official identification prior to beginning official work.

4.7.2 After presenting official identification, the Health Authority shall be allowed to review, at any reasonable time, any record required to be kept by the agent, seller or lessor in compliance with this section.

Contact Information

Phone: (702) 759-1258

 

Updated on: October 11, 2018

2018-10-11T15:32:17+00:00