Lead Paint Disclosure Laws for Renters in New Hampshire

Moving into a rental home in New Hampshire? It’s important to know your rights and what your landlord must tell you about possible lead paint hazards. New Hampshire law, in coordination with federal regulations, requires strict lead paint disclosures for properties built before 1978 to protect renters’ health, especially for families with children.

When Do Lead Paint Disclosures Apply in New Hampshire?

If you’re renting an apartment or house built before 1978, your landlord is legally required to inform you about possible lead-based paint hazards. Lead paint was widely used in homes before that year and can be dangerous if not properly managed. Children under six are especially at risk for lead poisoning, which can cause serious long-term health issues.

What Landlords Must Disclose About Lead Paint

• Official Disclosure: Landlords must provide you with a federally mandated lead hazard information pamphlet, "Protect Your Family from Lead in Your Home." View and download the official pamphlet.
• Known Hazards: Within the rental agreement, landlords must disclose any known information about lead-based paint or lead hazards in the property.
• Records: You must receive any available reports or records regarding lead-based paint inspections or hazards.

This law applies to all residential rentals, not just those with young children. The rules are regulated by the U.S. Environmental Protection Agency (EPA), the Department of Housing and Urban Development (HUD), and New Hampshire state agencies.

Required Lead Paint Disclosure Form

• Form Name: EPA/HUD Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (no specific form number)
• When and How It's Used: Before signing a lease for a unit built before 1978, landlords must give you this form to disclose all known lead paint information and obtain your signature.
• Official Source: View and download the required Disclosure Form (EPA/HUD)

Example: If you’re about to rent a Manchester apartment built in 1955, your landlord must give you this disclosure form and the EPA pamphlet before you sign the lease. Without these, you have the right to request the information or report the omission.

Additional New Hampshire Requirements

New Hampshire also has specific rules regarding lead inspections and abatement. If a child under six will live in the rental, and the property contains lead hazards, the landlord must address those hazards in accordance with the New Hampshire Department of Health and Human Services lead prevention program.

What Should Renters Do if Lead Disclosure Is Missing?

If your landlord did not provide a lead disclosure form or pamphlet for a unit built before 1978, you have rights and options:

• Contact your landlord and request the required documentation before moving in.
• If your request is ignored, you may file a complaint with the New Hampshire Department of Health and Human Services – Lead Poisoning Prevention Program.
• You can also contact the HUD regional office covering New Hampshire for help.

Key Lead Paint Laws for New Hampshire Tenants

The main legislation covering lead paint and rental housing in New Hampshire includes:

• Federal Lead-Based Paint Disclosure Rule
• New Hampshire Lead Paint Poisoning Prevention and Control Act (NH RSA Chapter 130-A)
• New Hampshire Residential Rental Agreements Law (NH RSA Chapter 48-A)

The official body handling rental disputes and housing safety is the New Hampshire Circuit Court – Landlord & Tenant Division.

Action Steps for Renters: Getting and Using Lead Disclosure Forms

• Ask your landlord for the "Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards" before you sign any lease for homes built before 1978.
• Make sure the form includes all required signatures and attachments.
• Keep documentation for your records.
• If you believe your landlord did not comply, consult the NH Lead Poisoning Prevention Program for guidance on next steps.

FAQs: Lead Paint Disclosure for New Hampshire Renters

1. Do all rentals in New Hampshire require a lead paint disclosure?
   Lead paint disclosure is required for all rental units built before 1978. Homes built after that year are exempt because lead-based paint was banned in residential properties then.
2. What should I do if my landlord will not give me the disclosure form?
   You can make a written request to your landlord. If they still do not provide it, contact the NH Department of Health and Human Services or file a complaint with HUD.
3. Is the landlord responsible for lead hazard removal?
   Yes, if a child under six will reside in the property and lead hazards are identified, the landlord must comply with state abatement rules.
4. Can I break my lease if I discover my landlord withheld lead paint information?
   You may have legal grounds to end your lease and seek damages, but speak to a legal professional or your local tenant tribunal for personalized guidance.
5. Where can I get official lead hazard reports for my apartment?
   Ask your landlord for existing records. For further information, contact the NH Lead Poisoning Prevention Program.

Summary: Key Takeaways for New Hampshire Renters

• Landlords must provide federal and state lead paint disclosures for rentals built before 1978.
• Always keep copies of lead disclosure forms and related paperwork.
• If lead paint disclosure requirements are not met, renters have the right to request documentation and seek help from official agencies.

Understanding these rules helps keep you and your family safe when moving into older rental properties in New Hampshire.

Need Help? Resources for Renters

• NH Department of Health and Human Services – Lead Poisoning Prevention Program: Information and complaint forms
• New Hampshire Circuit Court – Landlord & Tenant Division: Official tribunal for tenancy disputes
• HUD New Hampshire Tenant Rights

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1. See EPA: Lead-Based Paint Disclosure Rule (24 CFR 35 and 40 CFR 745).
2. New Hampshire: Lead Paint Poisoning Prevention and Control Act (NH RSA 130-A).
3. See NH Circuit Courts: Landlord & Tenant Division for tenancy disputes.
4. Required form: EPA/HUD Lead Paint Disclosure Form.

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