Property Management

EPA Pushes Back Rulemaking for New Lead-Based Paint Rules

Lead-based paint was used in many homes and apartment units in the U.S. until it was found to have adverse effects on human health, particularly on the health of children. To reduce exposure to lead-based paint hazards, Congress enacted the Residential Lead-Based Paint Hazard Reduction Act in 1992, Title X.

This law requires sellers to disclose the existence of any known lead-based paint in pre-1978 residential properties, and to disclose the results of any previous testing for lead-based paint. As a result, Title X created additional responsibilities for real estate agents and brokers and property managers in sales and lease transactions by requiring them to facilitate disclosure of this information and to ensure the buyer receives and reviews the relevant information on lead-based paint hazards.

The EPA has taken a step further and its most recent rule addresses lead hazards in remodeling and renovation projects. To reduce exposure to lead-based paint hazards during renovation activities, EPA is requiring additional notification and work safety procedures before, during, and after any remodeling or renovation activity. These new rules will particularly impact commercial and residential property management activities.

Under a settlement agreement between the EPA and various public interest groups, the EPA is required to develop regulations that establish lead safe work practices for renovation, repair and painting (RRP) activities for commercial and public buildings.

Under the original agreement, a proposed RRP rule for the exterior of commercial and public buildings was due on Dec. 15, 2011. This date has been pushed back twice so far, most recently to Sept. 15, 2012. A final rule is due on July 15, 2013, although the delays in issuing the proposed rule will no doubt delay promulgation of the final rule.  (Source: NAR e-newsletter dated July 26, 2012)