How and When to Use a Lead Based Paint Disclosure Form in NYC

Sellers and landlords of properties built prior to 1978 in NYC are required to notify prospective tenants and purchasers of the risk of exposure to lead from lead-based paint. Lead-based paint is of particular risk to young children, as lead poisoning 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.

Sellers in New York and NYC are required to provide the prospective purchaser 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.

Prospective purchasers may also wish to conduct a risk assessment or inspection for possible lead-based paint hazards prior to purchase.

Landlords in NYC must also disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling.

Prospective tenants and purchasers must also receive a federally approved pamphlet on lead poisoning prevention as part of the lead-based paint disclosure process.

When should a seller or landlord sign the Lead Paint Disclosure Form?

At the time of signing the listing agreement, the listing agent should do the following:

  • Advise the seller/lessor of the obligation to disclose the presence of known lead-based paint.

  • Obtain any records, reports, or other information relating to lead-based paint on the property from the seller/lessor.

  • Have the seller/lessor complete and sign his or her portion of the Lead-Based Paint Disclosure Form.

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When must a purchaser/tenant receive the Lead Paint Disclosure Form?

The listing agent should provide the purchaser/lessee with an EPA pamphlet as well as the Lead-Based Paint Disclosure Form at the time a purchaser/lessee wants to make an offer.

Thereafter, all information in the seller/lessor’s possession, including copies of records and reports of lead-based paint must be made available to the purchaser/lessee.

NYC sellers and landlords of homes built before 1978 must disclose lead paint hazards and provide purchaser/tenant with a Lead-Based Paint Disclosure Form.

All disclosures must occur prior to the seller accepting the purchaser’s written offer to purchase or lease. The law also requires sellers to provide potential purchasers up to 10 days to have the property tested and inspected for lead-based paint before the purchaser becomes obligated under a contract.

Upon receipt of an offer for the property, the listing agent should confirm that the offer includes a completed disclosure form indicating that the disclosure requirements have been satisfied. Agents must keep a copy of the disclosure form for 3 years from the closing date (or commencement of the lease term).

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Disclosure: Hauseit® and its affiliates do not provide tax, legal, financial or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, financial or accounting advice. No representation, guarantee or warranty of any kind is made regarding the completeness or accuracy of information provided. Hauseit LLC is a Licensed Real Estate Broker, licensed to do business in New York under license number 10991232340. Principal Office: 148 Lafayette Street, New York, NY 10013.

1 thought on “How and When to Use a Lead Based Paint Disclosure Form in NYC”

  1. Diligent Lawyer

    Can buyers or sellers refuse to sign or initial the lead based paint disclosure form? I know that buyers can refuse to sign pretty much any other state mandated disclosure form, but what about this one?

    I realize that if it’s a co-op, the co-op board may require the buyer to sign it. But what about condos or houses? Can the buyer or a tenant refuse to sign or initial it?

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