What is the Lead-Based Paint Disclosure Rule?
The Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X), often called the Lead-Based Paint Disclosure Rule, requires landlords, sellers, and property managers to disclose lead hazards in most pre-1978 housing (HUD).
Key elements:
Key elements:
- Applies to all residential rental properties built before 1978.
- Landlords and property managers must provide the EPA pamphlet Protect Your Family From Lead in Your Home (EPA).
- Lease agreements must include a Lead Warning Statement and signed acknowledgment of disclosure.
- Enforced by both EPA and HUD.
Are there any exemptions?
Yes, the Disclosure Rule does not apply to every property. Exemptions include (EPA):
- Zero-bedroom units such as studios or lofts
- Short-term leases of 100 days or less.
- Housing designated for the elderly or disabled, unless a child under six resides.
- Housing certified lead-free by a licensed inspector.
- Foreclosure sales.
- Properties built in 1978 or later, after the ban took effect.
What must property managers disclose to tenants?
Before leasing a pre-1978 property, property managers must (EPA):
- Provide the EPA-approved pamphlet Protect Your Family From Lead in Your Home.
- Disclose any known information about lead-based paint hazards.
- Share all available reports related to inspections or risk assessments.
- Include a Lead Warning Statement in the lease agreement.
- Allow tenants a 10-day period to conduct their own inspection (unless waived).
- Obtain signatures from landlord/manager and tenant confirming compliance.
Failure to meet any of these requirements can trigger federal enforcement actions and tenant lawsuits (HUD).
Who is responsible for compliance?
Responsibility is shared:
In practice, all parties involved in the transaction must treat compliance as a joint responsibility.
- Landlords and sellers are primarily liable.
- Property managers are responsible when acting on the landlord’s behalf.
- Real estate agents can also be liable if they fail to ensure disclosure (EPA).
In practice, all parties involved in the transaction must treat compliance as a joint responsibility.
What about renovations, repairs, or painting in pre-1978 housing?
Any work that disturbs painted surfaces in pre-1978 housing is regulated by the EPA’s Renovation, Repair, and Painting (RRP) Rule (EPA).
Requirements include:
- Containing work areas with barriers.
- Using dust-minimizing methods.
- Prohibited practices include open-flame burning and high-heat guns.
- Proper cleanup and verification.
Failure to follow the RRP Rule can result in severe penalties, including civil and criminal actions (Williams Parker).
Requirements include:
- Renovation firms must be EPA-certified.
- Workers must follow lead-safe practices, such as:
- Containing work areas with barriers.
- Using dust-minimizing methods.
- Prohibited practices include open-flame burning and high-heat guns.
- Proper cleanup and verification.
Failure to follow the RRP Rule can result in severe penalties, including civil and criminal actions (Williams Parker).
Do property management companies need certification too?
Yes. In 2022, the EPA clarified that property management companies themselves must obtain RRP certification if they contract or supervise renovation activities in pre-1978 properties (NAR).
This means:
This means:
- PM companies must register with the EPA as certified firms
- Staff must ensure contractors follow RRP lead-safe practices.
- Certification courses are offered nationally, including through LeadClasses.com, led by Steven Hoff, who has been instrumental in training property managers across the U.S
What records must be kept, and for how long?
HUD and EPA require managers to maintain (HUD):
Recordkeeping is not only required—it’s also your defense in litigation if tenants allege non-compliance (Bay Management Group).
- Signed disclosure forms for at least three years.
- Proof of pamphlet delivery.
- Records of inspections and risk assessments
- Contractor RRP certifications and renovation compliance records.
Recordkeeping is not only required—it’s also your defense in litigation if tenants allege non-compliance (Bay Management Group).
What are the penalties for non-compliance?
The consequences can be severe:
Across the country, courts have awarded hundreds of millions in damages in lead-based paint lawsuits (Wikipedia).
- Civil penalties: up to $21,018 per violation (EPA).
- Criminal charges: for knowing violations.
- Private lawsuits: tenants can sue for triple damages (Cornell Law School).
- Reputational harm: violations are publicized and can damage company trust.
Across the country, courts have awarded hundreds of millions in damages in lead-based paint lawsuits (Wikipedia).
Best practices for property managers
To reduce risk and protect tenants:
As Steven Hoff explains in his courses at LeadClasses.com:
“Compliance isn’t just about avoiding fines. It’s about preventing irreversible health impacts on children and protecting property management companies from devastating lawsuits.”
- Identify all pre-1978 properties in your portfolio..
- Use standardized disclosure forms nationwide.
- Audit compliance annually.
- Require contractors to be EPA-certified renovators.
- Train staff to recognize hazards like chipping, peeling, or deteriorating paint.
- Educate tenants about reporting hazards early.
- Monitor EPA and state updates for evolving requirements.
As Steven Hoff explains in his courses at LeadClasses.com:
“Compliance isn’t just about avoiding fines. It’s about preventing irreversible health impacts on children and protecting property management companies from devastating lawsuits.”
Do state and local rules add extra requirements?
Yes. While federal EPA/HUD rules apply nationally, several states operate their own lead programs authorized by the EPA, including:
For property management companies operating across multiple states, this means compliance must be federal + state-specific.
- Massachusetts – requires deleading or interim controls, with stricter requirements for rental housing (Mass.gov).
- Maryland – mandates registration and risk reduction for pre-1978 rental units (Maryland Dept. of Environment).
- Rhode Island – requires landlords to obtain a Lead-Safe Certificate (Health.ri.gov).
- Wisconsin – administers its own RRP program and enforces lead-safe training (Wisconsin DHS).
For property management companies operating across multiple states, this means compliance must be federal + state-specific.
Expert Insight: Steven Hoff on Lead-Based Paint Compliance
Steven Hoff, President of LeadClasses.com and a key PM University Subject Matter Expert, has trained thousands of professionals in lead-safe practices.
“Every property management company with pre-1978 housing should treat lead compliance as a core responsibility. It’s not just about fines—it’s about protecting families, reducing liability, and strengthening your reputation as a trusted manager.”
💡 Looking to get certified? Visit LeadClasses.com for EPA-approved renovator training nationwide.
“Every property management company with pre-1978 housing should treat lead compliance as a core responsibility. It’s not just about fines—it’s about protecting families, reducing liability, and strengthening your reputation as a trusted manager.”
💡 Looking to get certified? Visit LeadClasses.com for EPA-approved renovator training nationwide.
Conclusion
Lead-based paint requirements are a national compliance priority for residential property managers. From disclosure rules to RRP certification, the stakes are high: non-compliance can result in massive fines, lawsuits, and tenant health risks.
To recap:
At PM University, we are proud to collaborate with leaders like Steven Hoff, whose work at LeadClasses.com provides property managers with the tools and training they need to remain compliant nationwide.
The bottom line? Compliance isn’t optional—it’s an opportunity to demonstrate professionalism, protect tenant health, and position your property management company as a leader in responsible housing.
To recap:
- Always provide disclosures and EPA pamphlets for pre-1978 housing.
- Keep records for at least three years.
- Ensure your company and contractors are EPA-certified for renovations.
- Stay current with both federal and state/local requirements.
At PM University, we are proud to collaborate with leaders like Steven Hoff, whose work at LeadClasses.com provides property managers with the tools and training they need to remain compliant nationwide.
The bottom line? Compliance isn’t optional—it’s an opportunity to demonstrate professionalism, protect tenant health, and position your property management company as a leader in responsible housing.
📌 Expert Insight: Steven Hoff on Lead-Based Paint Compliance
Frequently Asked Questions
Is there a limit on how much a landlord can charge for a security deposit in Utah?
No, Utah law does not set a specific limit on the amount a landlord can charge for a security deposit. However, landlords must return the deposit within 30 days after the tenant vacates the property, along with an itemized list of any deductions made.
Are there any fair housing laws specific to Utah that landlords should be aware of?
Yes, the Utah Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, national origin, familial status, disability, source of income, sexual orientation, and gender identity. Landlords must ensure their rental practices comply with these protections.
Can a landlord enter a rental property without the tenant's permission in Utah?
Landlords must provide tenants with at least 24 hours' notice before entering the rental unit, except in cases of emergency. Entry must be during reasonable hours and for legitimate reasons such as inspections, repairs, or showings.
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