For most housing built before 1978, the federal Lead-Based Paint Disclosure Rule requires known information about lead-based paint and hazards to be provided before sale. HUD and EPA's 2024 fact sheet identifies the covered housing and required pamphlet. The review issue is whether the transaction file contains the required disclosure and any known records.
Evidence map
| Evidence | What it establishes |
|---|---|
| Construction date or public record | Whether the pre-1978 rule may apply |
| Signed disclosure | Parties' acknowledgment and known information |
| Inspection opportunity language | Whether the buyer received the required opportunity |
| Reports and addenda | Specific known hazards, testing, or remediation |
The HUD/EPA fact sheet says buyers of most pre-1978 housing must receive the pamphlet and known information before buying. It also lists exclusions, including post-1977 housing and certain zero-bedroom units. The rule supplies two auditable thresholds for a file register: the construction-year cutoff of 1978 and a 10-day inspection opportunity, subject to written agreement or waiver.
A useful file metric
Measure “covered files with a signed disclosure before contract execution” separately from “files with a disclosed hazard.” The first is a document-presence metric; the second is a substantive fact. Do not convert the number of missing forms into a national noncompliance rate because the sample's coverage and exclusions determine the denominator.
A reviewer should flag a missing disclosure, inconsistent construction year, or referenced report that is absent from the file. The reviewer should not decide liability or remediation obligations.
Primary source: HUD/EPA Lead-Based Paint Disclosure Rule Fact Sheet.
**Professional disclaimer:** This research is informational and not environmental, legal, or health advice.