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.
At the time of signing the listing agreement, the listing agent should do the following:
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Advise the seller/lessor of the obligation to disclose the presence of known lead-based paint.
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Obtain any records, reports, or other information relating to lead-based paint on the property from the seller/lessor.
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Have the seller/lessor complete and sign his or her portion of the Lead-Based Paint Disclosure Form.
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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.
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?
A new law requires the RRP Lead Renovator Initial Course to contain a hands-on training component, therefore the majority of the class may be done online (6 Hours) but participants will still be required to attend a small portion to participate in the hands-on activities (2 Hours). It is mandatory and must be passed by the end of the year. Lead damages many organs, and the damage to the developing brain can be lifelong