Lead Paint Disclosure Rules for New York Renters

Before moving into a rental in New York, it's essential to know your rights regarding lead paint and other hazardous material disclosures. Federal and state laws protect renters—especially families with children—from exposure to lead-based paint, which can cause serious health issues. This article explains what disclosures landlords must provide, which official forms are involved, and what steps renters should take to stay safe and informed.

Understanding Lead Paint Disclosure Laws in New York

If you’re renting a home or apartment built before 1978 in New York, your landlord has a legal obligation to inform you about any known lead-based paint or lead-based paint hazards. This is required by both federal law (Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act) and New York State Real Property Law ^[1][2].

Why Is Lead Paint Disclosure Important?

Exposure to lead dust or chips—often found in older housing—can be extremely harmful, especially for children and pregnant women. Health consequences may include developmental delays, learning difficulties, and other lifelong conditions.

What Landlords Must Disclose

For any rental property built before 1978, New York landlords must:

• Provide renters with the Lead-Based Paint Disclosure form (EPA Form)
• Disclose any known information about lead-based paint or related hazards in the unit or building
• Give renters a copy of the EPA pamphlet "Protect Your Family From Lead In Your Home"
• Include signed disclosure documentation in the lease

Official Forms Renters Should Know

• EPA Lead-Based Paint Disclosure Form
  When is it used? The landlord must give you this form before you sign or renew a lease for a property built prior to 1978. For example, if you’re moving into a 1950s apartment, your landlord must have you sign this disclosure form and give you a signed copy.
  Download the EPA Lead Disclosure Form (Lessee Form)

• "Protect Your Family From Lead In Your Home" EPA Pamphlet
  When is it used? This educational booklet must be provided to every new tenant before move-in, ensuring you understand lead hazards and ways to reduce your risk.
  Get the EPA Lead Awareness Booklet Here

Special Requirements in New York City

If you are renting in New York City, additional local requirements apply, including annual notices and extra protections for units where children under six live. For details, see the official NYC HPD lead paint information.

What Should Renters Do If Disclosures Are Not Provided?

If your landlord does not give you the required disclosures or forms, you have rights and options. Not receiving these documents could be a violation of federal or state law. Agencies like the New York State Division of Housing and Community Renewal (DHCR) are responsible for handling many tenant complaints and administer New York’s residential tenancy laws.

How to File a Complaint or Seek Help

• Contact the DHCR if your unit is rent-stabilized or rent-controlled.
• For non-regulated units, contact your local health department, especially if there is chipping paint or a child is at risk. In New York City, contact NYC HPD.
• Maintain written records of all requests and responses.

Summary: Disclosure Rules at a Glance

• Landlords must disclose lead hazards in pre-1978 housing.
• Federal and New York State law require specific forms and pamphlets be given to renters.
• Failure to provide disclosures can lead to complaints or legal action from renters.

Frequently Asked Questions

1. Do all New York rentals require a lead paint disclosure?
   Only rentals built before 1978 require the lead paint disclosure. Newer properties are exempt from this federal rule.
2. What if I didn’t receive the disclosure form when renting?
   You should request it from your landlord right away. If still not provided, contact the New York State Division of Housing and Community Renewal or your local health department to report the issue.
3. Am I required to sign the lead disclosure form?
   Yes, renters must sign the EPA lead disclosure form as confirmation that disclosures and the pamphlet were provided before lease signing.
4. Can I break my lease if lead hazards are found?
   Finding a lead hazard does not automatically allow you to break your lease, but you may have the right to demand that the landlord addresses the hazard according to state and local health codes.
5. Where can I learn more about New York tenant rights?
   The NY DHCR Tenant Protection Unit provides extensive info and resources for renters.

Key Takeaways for Renters

• Always get and review your lead paint disclosure forms before signing a lease on pre-1978 housing.
• Read the EPA lead pamphlet and keep copies of all documents related to disclosures.
• If a landlord does not provide these forms, contact DHCR or your local health department for further steps.

Need Help? Resources for Renters

• New York State Division of Housing and Community Renewal (DHCR) – State's main housing agency, handles tenant complaints, rent regulation, and tenant rights guidance.
• NYC Department of Housing Preservation & Development (HPD): Lead-Based Paint Resources – NYC-specific information about landlord duties, annual notices, and tenant reporting for repairs.
• EPA: Tenants’ Rights and Lead Hazard Disclosures

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1. Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d)
2. New York State Real Property Law
3. New York State Division of Housing and Community Renewal (DHCR)
4. NYC HPD Lead-Based Paint Page
5. EPA: Protect Your Family from Lead In Your Home Pamphlet

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