The following form complies with 42 U.S.C. 4852d. However, individual state regulations should also be checked for compliance.
New York Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards is an essential legal requirement for landlords, sellers, and agents involved in the rental or sale of residential properties in New York State. This disclosure aims to ensure that potential tenants or buyers are informed about the presence, hazards, and risks associated with lead-based paint in the property. The key purpose of this disclosure is to protect individuals, especially young children, from the detrimental health effects of lead exposure, such as learning disabilities, behavioral problems, and organ damage. Landlords, sellers, or agents failing to comply with this disclosure law can face severe penalties and legal consequences. Different types of New York Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards include: 1. Lead-Based Paint Disclosure: This type of disclosure requires the landlord, seller, or agent to provide written information regarding the known presence of lead-based paint in the property. It includes details about the location of lead-based paint, the painted surfaces affected, and any documentation available on prior testing or mitigation efforts. 2. Lead-Based Paint Hazards Disclosure: In addition to the presence of lead-based paint, this disclosure expands on the potential hazards associated with the paint. It is required when the landlord, seller, or agent is aware of deteriorating lead-based paint, lead-contaminated dust or soil, or any unsafe conditions that may increase the risk of lead exposure. 3. Lead-Based Paint Pamphlet: Apart from the disclosure, the federal law also mandates the distribution of an informational pamphlet titled "Protect Your Family from Lead in Your Home" to potential tenants or buyers. This pamphlet provides comprehensive information on lead-based paint hazards, testing, and ways to minimize exposure. 4. Lead-Based Paint Testing or Evaluation Reports: If any testing or evaluation has been conducted to determine the presence or hazards of lead-based paint in the property, this information must be disclosed along with the corresponding reports. These reports provide detailed insights into lead concentration levels, risk assessments, and potential abatement measures. 5. Certificate of Acknowledgment: Once the required lead-based paint disclosures have been provided, tenants or buyers are usually required to acknowledge their receipt and understanding of the information. This acknowledgment serves as evidence that the individuals were informed about lead-based paint or hazards before entering into a lease agreement or purchasing the property. It is crucial for landlords, sellers, and agents to fully comply with the New York Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards to ensure the safety and well-being of potential occupants. Adhering to these regulations not only protects individuals from potential health risks but also mitigates legal liabilities and potential disputes in the future.
