What does the landlord actually have to give me regarding their knowledge of lead hazards?

Under Federal Law, HUD and EPA have promulgated joint Regulations which require the landlord to make certain lead paint disclosures to a tenant (lessee) upon entering into a lease. The Regulation and form required thereunder mandates that the landlord disclose the presence of lead based paint and/or a lead based paint hazard that is known to them. Or, they must represent that that they have no such knowledge. If they have records and reports pertaining to lead based paint and/or lead based paint hazards in the “housing” – they must provide the records to the tenant.

• They must disclose to the leasee the presence of any lead based paint or lead based paint hazards, which are defined as conditions that cause exposure to lead from lead contaminated dust and/or lead contaminated paint that is deteriorated.

• It also requires disclosure of lead based paint on any accessible surface.

• The disclosure requirement extends to leaded paint on friction surfaces which is addressed by the turnover law as well.

• There is a confluence between the requirements mandated by the NYC Turnover Provision under Local Law #1 of 2004 and the Federal mandates under the EPA and HUD Regulations. The disclosure requirements under the EPA/HUD Regulations extend beyond and supplements the NYC Turnover Law disclosure mandate.

What does that mean to the landlord? What are his requirements of transparency and disclosure when he rents an apartment? The Regulations require that he disclose any information which may be available concerning the known lead based paint or lead based paint hazards. Local Law #1 of 2004 requires that he turn over the dust clearance test results with an explanation. The Federal mandate extends to the unit and to common areas in the building.