Lead Based Paint Disclosure NYC
What is the NYC lead paint disclosure form?
It’s a disclosure document mandated in New York City to protect homebuyers and tenants from lead paint hazards.
Quick summary:
In a property sale or lease, the seller or lessor of any pre-1978 property in New York City is required to disclose their information on and records of any known lead-based paint hazards in the dwelling.
Who is responsible?
The seller or lessor (or their representative, such as a real estate agent), must provide the form to a buyer or prospective tenant.
All parties must complete and sign their respective sections, including the agent if any, and receive a copy of the completed disclosure form.
Do I need a disclosure form?
In New York, lead paint disclosure applies to sales and leases of pre-1978 homes. If you are selling or leasing one, then yes — read our FAQ!
For homes constructed after 1978, the law does not apply.
Is there a cost?
No, the disclosure requirement is free to comply with! If you’re looking for lead services such as NY lead inspections, contact AAA Lead Pro for a price estimate.
Do I have to check for lead paint hazards first?
The disclosure requires that you inform the buyer or lessee of any hazards you are aware of, and provide records.
While homeowners are not required by law to inspect for lead paint, it is strongly advised due to the risks of lead exposure, and as proving the absence of lead hazards often makes it easier to sell the home.
However, if you own a rental property in NYC, recent law changes mandate that all rental dwellings need licensed lead inspections by a specific date, and certain conditions must be met for the inspection to be valid.
Check out the XRF Lead Inspections page for more info or ask AAA Lead Professionals for a quote today!
Get a QuoteFillable Form Example
See here for a sample NYC lead based paint disclosure form for home sellers and for home lessors.
It’s also known as the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards, as well as the Lead Warning Statement. For other rental disclosure notices, see the FAQ.
AAA Lead Pro knows the ins and outs of lead paint requirements all across the TriState Area. When you come to us for lead hazard services, rest assured that we’ll help guide you through all necessary paperwork.
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As a leading provider of residential and commercial lead services in New York, AAA Lead Professionals is happy to offer lead risk assessment, testing, XRF inspection, clearance dust wipes, and more!
We’ve served happy clients all over New York City and nearby counties, including Nassau, Westchester, Orange, Rockland, and beyond. AAA Lead Pro also offers lead removal and other environmental hazard services.
FAQ
Which dates of construction need a lead disclosure form?
Lead paint disclosure forms are required across the US in any property built before 1978, when residential use of lead paint was federally banned.
New York outlawed the use of lead paint in 1960, so NYC local regulations sometimes have different cutoff years. In this case, the date follows the federal ban year of 1978.
If you have an at-risk, pre-1960 house that has not been inspected for lead paint, contact AAA Lead Professionals.
Does the lead based paint disclosure form apply to New York State?
Yes, all of New York State requires a lead paint disclosure form for the sale or lease of any target housing (most homes).
It is a federal requirement as per the Residential Lead Based Paint Hazard Reduction Act of 1992, also known as Title X.
In NYC, lead paint disclosure is also covered by Local Law 1 of 2004, which gives more specific requirements to the process and timing of informing rental tenants about lead hazards.
As well, be aware of the requirement for landlords in NYC to get certified XRF lead paint inspections in all rental properties. If you need to schedule a lead inspection or lead removal for your NY property, give AAA Lead Pro a call!
What is the deadline to give NY lead paint disclosure?
The form must be given before the signing of the offer, and allow the buyer a period of 10 days in which to have a lead inspection done.
For rentals:
In recent years, NYC has implemented and tightened laws about lead paint hazards in an effort to reduce childhood lead poisoning.
Other requirements about disclosure, notices, and lead paint apply. See the next FAQ question!
Is this the same as the NYC annual notice for lead, lease notice, or lead info pamphlet?
Annual notice:
Landlords must provide this by Jan 15th in multiple languages. By Feb 15th, tenants must fill and return the portion on whether children under age 6 will be residing in or spending a significant amount of time in a unit.
It’s called the Annual Notice for Prevention of Lead-Based Paint Hazards – Inquiry Regarding Child.
Lease notice:
This informs new tenants in the lease agreement of landlord responsibilities regarding lead paint, and inquiring about any children under 6 residing in the unit.
It’s also known as the Lease/Commencement of Occupancy Notice for Prevention of Lead-Based Paint Hazards.
Lead information pamphlet:
The lease notice must include this EPA-approved information pamphlet on the dangers of lead exposure: the Lead Paint Hazards in the Home brochure.
See here for more on lead-based paint requirements in NYC. Ask a AAA Lead Professionals team member if you need help with lead in the home!
Are there exemptions to the lead paint disclosure form? (NYC)
Yes, if the housing is:
- A short-term rental for under 100 days, with no option to renew or extend.
- Housing for the elderly or disabled.
- Renewals of existing leases with previous disclosure and no new information.
- And a few other rare cases.
The other option is to have your property certified as Lead-Free. Ask AAA Lead Professionals for details! This can save you time and money over the years, or make the property more attractive to buyers.
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