August
8,
2000
Supporting
Statement
for
a
Request
for
OMB
Review
under
The
Paperwork
Reduction
Act
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
of
the
Information
Collection
TITLE:
Residential
Lead­
Based
Paint
Hazard
Disclosure
Requirements
EPA
ICR
No.:
1710.03;
OMB
Control
No.:
2070­
0151
1(
b)
Short
Characterization
Section
1018
of
the
Residential
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992
(
the
Act)
(
42
U.
S.
C.
4852d)
directs
the
Environmental
Protection
Agency
(
EPA)
and
the
Department
of
Housing
and
Urban
Development
(
HUD)
to
jointly
issue
regulations
requiring
disclosure
of
known
lead­
based
paint
and/
or
lead­
based
paint
hazards
by
persons
selling
or
leasing
housing
constructed
before
the
phase­
out
of
residential
lead­
based
paint
use
in
1978.
Under
that
authority,
EPA
and
HUD
established
the
following
requirements
at
40
CFR
745,
Subpart
F
and
24
CFR
35,
Subpart
H:
(
1)
Sellers
and
lessors
of
most
residential
housing
built
before
1978
must
disclose
the
presence
of
known
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
housing;
(
2)
sellers
and
lessors
must
provide
purchasers
and
lessees
with
any
available
records
or
reports
pertaining
to
the
presence
of
lead­
based
paint
and/
or
lead­
based
paint
hazards;
(
3)
sellers
and
lessors
must
provide
purchasers
and
lessees
with
a
federally
approved
lead
hazard
information
pamphlet;
(
4)
sellers
must
provide
purchasers
with
a
10­
day
opportunity
to
conduct
a
risk
assessment
or
inspection
for
the
presence
of
lead­
based
paint
and/
or
lead­
based
paint
hazards
before
the
purchaser
is
obligated
under
any
purchase
contract;
(
5)
sales
and
leasing
contracts
must
include
certain
disclosure
and
acknowledgment
language;
and
(
6)
agents
must
ensure
compliance
with
these
requirements.
(
61
FR
9085,
March
6,
1996)
The
requirements
do
not
apply
to
rental
housing
that
has
been
found
to
be
free
of
lead­
based
paint,
0­
bedroom
dwellings,
housing
for
the
elderly,
housing
for
the
handicapped,
or
short­
term
leases.

These
provisions
ensure
that
families
receive
both
specific
information
on
the
housing's
lead
history
and
general
information
on
lead
exposure
prevention.
With
this
information,
consumers
can
make
more
informed
decisions
concerning
home
purchase,
lease,
and
maintenance
to
protect
their
families
from
lead
hazard
exposure.

The
affected
parties
and
the
supplemental
requirements
related
to
each
are
described
below:

Owners
of
Target
Housing:
Owners
of
pre­
1978
housing
are
required
to
maintain
all
known
records
of
lead­
based
paint
or
lead­
based
paint
hazards
on
the
property
for
the
duration
of
their
ownership.

Sellers
of
Pre­
1978
Residential
Housing:
The
rule
requires
that
sellers
of
pre­
1978
housing
complete
and
attach
a
disclosure
form
(
a
sample
form
is
provided
in
the
OPPT­
2003­
0046­
0002
RECEIVED
OPPT
NCIC
2003
July
25
9:
56AM
August
8,
2000
­
2
­
preamble
to
the
regulations,
but
only
the
information
elements
are
required,
each
respondent
can
develop
their
own
form)
to
their
sales/
leasing
contracts.
The
form
requires
signatures
from
the
seller,
purchaser,
and
any
agent(
s)
acting
on
behalf
of
the
seller.

Lessors
of
Pre­
1978
Residential
Housing:
The
rule
requires
that
lessors
of
pre­
1978
housing
to
complete
and
attach
a
disclosure
form
to
their
sales/
leasing
contracts.
The
form
requires
signatures
from
the
seller,
purchaser,
and
any
agent(
s)
acting
on
behalf
of
the
seller.
The
form
would
then
be
retained
by
the
lessor,
and
any
agents
acting
on
their
behalf.

Agents
Acting
On
Behalf
of
Sellers
or
Lessors:
Section
1018
of
the
Act
specifically
directs
EPA
to
require
Agents
acting
on
behalf
of
sellers
or
lessors
to
ensure
compliance
with
the
disclosure
regulations.

Under
the
PRA,
an
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to
a
collection
of
information
that
is
subject
to
approval
under
the
PRA,
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
information
collections
appear
on
the
collection
instruments
or
instructions,
in
the
Federal
Register
notices
for
the
related
rulemaking
and
ICR
notices,
and,
if
the
collection
is
contained
in
a
regulation,
in
a
table
of
OMB
approval
numbers
for
EPA
regulations
in
40
CFR
part
9.
The
OMB
control
numbers
for
HUD
regulations
appear
with
the
regulations.

As
with
the
initial
ICR
prepared
during
the
development
of
the
joint
EPA­
HUD
regulations,
the
agencies
intend
to
continue
to
maintain
a
single
ICR
for
these
activities.
Based
on
recent
discussions
between
EPA
and
HUD,
EPA
will
take
the
lead
on
preparing
the
necessary
documentation.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
The
third
party
disclosure
requirements
that
are
contained
in
the
regulations
are
specifically
mandated
by
section
1018
of
the
Act.
The
recordkeeping
requirements
that
are
contained
in
the
regulations
are
necessary
for
ensuring
compliance
with
the
provisions
of
the
regulations
and
section
1018
of
the
Act.
In
addition,
the
Act
provides
that
violation
of
section
1018
may
result
in
civil
and
criminal
penalties
and
potential
triple
damages
in
a
private
civil
suit.

The
regulations
ensure
that
families
receive
both
specific
information
on
the
housing's
lead
history
and
general
information
on
lead
exposure
prevention.
With
this
information,
consumers
can
make
more
informed
decisions
concerning
home
purchase,
lease,
and
maintenance
to
protect
their
families
from
lead
hazard
exposure.
August
8,
2000
­
3
­
A
copy
of
the
applicable
statutory
and
regulatory
provisions
are
attached
to
this
ICR
as
Attachments
B
&
C.

2(
b)
Use/
Users
of
the
Data
These
recordkeeping
requirements
enable
EPA
and
HUD,
as
well
as
tribal
governments,
state
and
local
regulators
and
the
courts,
to
both
determine
initial
compliance
and
to
monitor
continued
compliance
with
section
1018
of
the
Act
and
the
provisions
of
the
rule.
In
addition,
in
judicial
enforcement
actions,
liability
in
the
court
system,
the
record
of
compliance
serves
as
a
crucial
piece
of
evidence
for
litigants.

3.
NON­
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
Duplication
The
third
party
disclosure
and
recordkeeping
requirements
covered
by
this
ICR
are
unique
and
are
not
in
any
way
duplicated
by
another
information
collection
activity.
There
is
no
such
information
collection
requirement
administered
under
any
other
Federal
entity.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
EPA
and
HUD
issued
a
joint
notice
in
the
Federal
Register
(
64
FR
19772,
April
22,
1999)
soliciting
comments
on
specific
aspects
of
this
ICR.
Although
EPA
and
HUD
were
particularly
interested
in
comments
regarding
the
burden
and
cost
estimates
for
the
third
party
disclosure
and
recordkeeping
requirements
that
are
presented
in
Section
6
of
this
document,
no
comments
were
received
during
the
comment
period.

3(
c)
Consultations
As
part
of
the
implementation
of
this
new
program,
both
EPA
and
HUD
are
engaged
in
many
discussions
with
interested
parties
about
the
implementation
of
the
section
1018
requirements.

During
the
development
of
the
regulation,
EPA
and
HUD
forged
channels
of
communication
with
the
following
key
constituency
groups:
Alliance
to
End
Childhood
Lead
Poisoning,
The
National
Association
of
Realtors,
the
Institute
of
Real
Estate
Management,
the
National
Multi­
Housing
Council,
and
Freddie
Mac.
EPA
and
HUD
have
also
discussed
the
implementation
of
these
requirements
with
many
State
officials
involved
in
EPA's
Forum
on
State
and
Tribal
Toxic
Action
(
FOSTTA),
as
well
as
with
officials
from
California
and
Massachusetts.
The
Task
Force
on
Lead
Hazard
Reduction
and
Financing,
a
task
force
composed
of
representatives
from
industry,
government,
and
advocacy
groups,
also
August
8,
2000
­
4
­
continues
to
provide
the
agencies
with
important
feedback
on
the
lead
program.

3(
d)
Effects
of
Less
Frequent
Collection
The
third
party
disclosure
is
transaction
specific
and
only
occurs
when
the
regulated
entities
are
engaged
in
a
specific
transaction,
i.
e.,
the
sale
or
lease
of
target
housing.
As
such,
it
is
not
possible
or
appropriate
to
consider
a
less
frequent
disclosure
interval.

3(
e)
General
Guidelines
This
rulemaking
is
consistent
with
OMB's
General
Guidelines
for
information
collections
under
the
PRA.
Although
no
form
is
imposed
by
the
regulations,
to
facilitate
and
simplify
compliance,
EPA
and
HUD
provide
a
sample
form
for
respondents
to
adopt
or
modify
for
thier
use.
Since
this
form
is
simply
a
sample,
it
does
not
contain
a
PRA
Notice,
OMB
number,
or
expiration
date.
A
copy
of
this
sample
form
is
included
as
Attachment
F.

3(
f)
Confidentiality
This
collection
does
not
require
the
disclosure
or
retention
of
confidential
information.
The
third
party
disclosure
requirements
also
comply
with
the
provisions
of
the
Privacy
Act
of
1974
and
OMB
Circular
A­
108.

3(
g)
Sensitive
Questions
This
collection
does
not
include
questions
of
a
sensitive
nature.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
SIC
Codes
The
respondent
universe
for
this
ICR
includes
sellers,
purchasers,
lessors,
and
lessees
of
non­
exempt
residential
dwellings
built
before
1978,
or
real
estate
agents
representing
such
parties.

Categories
NAICS
SIC
Examples
of
potentially
affected
entities
Real
Estate
Operators/
Lessors
53111
651
Lessors
of
residential
buildings
&
dwellings
Offices
of
Real
Estate
Agents/
Property
Managers
53121
531311
653
Real
estate
agents
Real
estate
brokers
Property
managers
Private
Parties­­
Sales
Transactions
None
None
Sellers
and
buyers
of
houses,
townhouses,
and
cooperatives/
condominiums
August
8,
2000
­
5
­
Private
Parties­­
Rental
Transactions
None
None
Lessors
and
lessees
of
residential
dwellings
This
listing
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
likely
to
be
affected
by
this
action.
Other
types
of
entities
not
listed
above
could
also
be
affected.
If
available,
the
four­
digit
Standard
Industrial
Classification
(
SIC)
codes
or
the
six­
digit
North
American
Industrial
Classification
System
(
NAICS)
codes
have
been
provided
to
assist
you
and
others
in
determining
whether
or
not
this
action
applies
to
certain
entities.
To
determine
whether
you
or
your
business
is
affected
by
this
action,
you
should
carefully
examine
the
applicability
provisions
in
40
CFR
745.100.

4(
b)
Information
Requested
(
i)
Data
Items
When
engaged
in
the
subject
activity,
i.
e.,
the
sale
or
lease
of
target
housing,
the
Respondent
must
maintain
records
on
the
following:

­
Signed,
dated,
and
completed
disclosure
forms
from
sales
and
leases
involving
the
target
housing.
­
Known
information
on
lead­
based
paint
hazards
in
the
target
housing
.

(
ii)
Respondent
Activities
When
engaged
in
the
subject
activity,
i.
e.,
the
sale
or
lease
of
target
housing,
the
Respondent
must
engage
in
the
following
activities:

­
Read
the
regulation
to
learn
the
basic
requirements
­
Prepare
and
complete
the
written
form
­
Store,
file,
and
maintain
the
information
for
three
years.

5.
THE
INFORMATION
COLLECTED­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
The
primary
purpose
of
this
information
collection
activity
is
the
provision
of
certain
information
between
two
parties
in
a
transaction,
i.
e.,
third
party
disclosure.
The
agencies
are
therefore
primarily
engaged
in
the
following
basic
activities:

­
Public
outreach
to
assist
in
the
understanding
of,
and
compliance
with,
the
rule
requirements.
­
The
development
and
maintenance
of
an
infrastructure
for
receiving
tips
and
complaints
regarding
alleged
violations
of
the
regulations.
­
The
compliance
monitoring
and
enforcement
of
the
provisions
in
the
regulation.
August
8,
2000
­
6
­
5(
b)
Collection
Methodology
and
Management
This
is
a
third
party
disclosure
requirement
that
occurs
on
a
specific
occasion.
There
is
no
collection
by
the
agencies.
Records
are
required
to
be
retained
by
regulated
parties
and
made
available
to
the
agencies
as
part
of
compliance
monitoring
and
enforcement
activities.

5(
c)
Small
Entity
Flexibility
The
affected
population
for
this
rule
is
largely
comprised
of
small
entities,
and
all
of
the
requirements
have
been
crafted
to
maximize
flexibility.
EPA
and
HUD
have
also
developed
Guidance
and
a
sample
form
to
further
facilitate
and
assist
small
entities
with
compliance.

5(
d)
Collection
Schedule
The
third
party
disclosure
is
transaction
specific
and
only
occurs
when
the
regulated
entities
are
engaged
in
a
specific
transaction,
i.
e.,
the
sale
or
lease
of
target
housing.

6.
ESTIMATED
BURDEN
AND
COST
6(
a)
Respondent
Burden
and
Costs
The
annual
estimated
burden
and
costs
associated
with
the
third
party
disclosure
and
record­
keeping
requirements,
which
are
contained
in
the
EPA­
HUD
jointly
issued
regulations
at
40
CFR
745,
Subpart
F
and
24
CFR
35,
Subpart
H,
have
been
estimated
for
the
following
three
classes
of
respondents
identified
as
being
affected
by
the
leadbased
paint
hazard
disclosure
rule
for
real
estate
transfers:

1.
Real
Estate
Sales
and
Rental
Agents.
2.
Property
Owners
and
Lessors.
3.
Offerors/
Buyers
and
Lessees.

The
burden
hour
and
cost
estimates
are
summarized
in
the
Tables
1­
7
which
are
included
as
Attachments
A
and
are
discussed
below.

Real
Estate
Sales
and
Rental
Agents
(
Table
1
­
Respondent
1)

Under
the
disclosure
rule,
Real
Estate
Sales
and
Rental
Agents
are
required
to
fulfill
various
responsibilities
relating
to
disclosure
of
the
possible
presence
of
lead­
based
paint
and
associated
hazards
in
properties
offered
for
sale
or
rental.
The
information
presented
in
this
section
summarizes
the
individual
data
items
and
sources,
which
were
used
in
estimating
the
burden
hours
and
costs
in
Table
1.
Additional
information
about
these
estimates
can
be
found
in
the
regulatory
impact
analysis.
August
8,
2000
­
7
­
The
respondent
class
of
Real
Estate
Sales
and
Rental
Agents
is
represented
by
establishment
data
from
SIC
code
653,
Real
Estate
Agents
and
Managers.
On
the
basis
of
1996
County
Business
Patterns
data,
SIC
code
653
had
a
total
of
124,530
establishments
(
respondents).
This
analysis
captures
lessors
(
rental
owner­
operators)
in
respondent
class
2.

The
annual
number
of
sales
of
housing
expected
to
be
subject
to
the
disclosure
rule
requirements
(
3,429,447)
is
based
on
total
housing
sales
(
National
Association
of
Realtors,
1998),
multiplied
by
the
percentage
of
houses
built
before
1979
(
American
Housing
Survey
Data,
HUD,
1997),
less
the
number
of
sales
of
zero
bedroom
housing
units.
The
total
number
of
these
sales
involving
agents
(
2,915,030)
is
based
on
an
estimated
85%
participation
of
agents
in
sales
of
existing
homes
(
National
Association
of
Realtors,
1999).
This
analysis
adopts
the
assumption
of
two
offers
for
each
sale
of
target
housing
that
was
used
in
the
Regulatory
Impact
Analysis
of
the
Lead­
Based
Paint
Hazard
Disclosure
Rule
for
Real
Estate
Transfers,
1995
(
hereinafter
refered
to
as
the
RIA).

The
number
of
annual
rentals
expected
to
be
subject
to
the
disclosure
rule
requirements
(
8,930,274)
is
based
on
the
number
of
units
with
occupant
residence
of
less
than
12
months
and
built
before
1980
(
American
Housing
Survey
data,
HUD,
1997),
less
the
number
of
zero­
bedroom
rental
units.
The
total
number
of
rental
events
involving
agents
(
7,590,733)
is
based
on
the
assumption
of
85%
agent
participation.

According
to
Bureau
of
the
Census
representatives,
the
only
military
housing
units
in
the
AHS
data
are
"
civilian
eligible"
housing
units.
These
are
units
available
to
the
families
of
military
personnel.
Due
to
the
extremely
small
number
of
"
civilian
eligible"
housing
units,
fewer
than
twenty
sampling
points
(
representing
<
0.05%
of
U.
S.
housing
stock),
and
the
level
of
effort
that
would
be
required
to
remove
these
units
from
the
AHS
data,
"
civilian
eligible"
housing
units
were
retained
in
this
analysis.

Burden
hours
and
costs
were
estimated
for
four
activities:

1.
Start­
up
Activity.
2.
Disclosure
Record
Preparation
Activity.
3.
Record­
keeping.
4.
Materials.

Start­
up
Burden:
The
start­
up
burden
involves
the
time
and
cost
required
for
agents
to
learn
the
disclosure
rule's
requirements
and
set
up
procedures
for
meeting
those
requirements.
Based
on
the
RIA,
the
time
required
for
an
agent
to
learn
the
rule
and
set
up
compliance
procedures
was
estimated
to
be
one
hour.

Since
the
rule's
initial
year
has
past,
the
calculation
assumes
a
`
typical
year'
number
of
new
entrants
will
incur
the
start­
up
costs
in
their
first
year.
The
number
of
new
entrants
is
based
on
an
estimated
compound
annual
growth
rate,
calculated
using
the
number
of
establishments
listed
for
SIC
code
653
(
County
Business
Patterns),
during
the
ten
year
period
of
1988
to
1997.
The
assumption
is
that
one
agent
per
establishment
will
August
8,
2000
­
8
­
need
to
become
familiar
with
the
rule.
The
establishment
compound
annual
growth
rate
for
Real
Estate
Agents
and
Managers
(
SIC
653)
is
estimated
to
be
4.55%,
which
translates
to
5,666
new
agents
incurring
start­
up
costs
each
year.

The
one
hour
annual
start­
up
burden
per
respondent
translates
to
an
annual
cost
of
$
21.77
per
respondent.
The
total
annual
start­
up
burden
for
the
5,666
respondents
is
$
123,349.

Disclosure
Record
Preparation
Burden:
The
disclosure
burden
involves
the
time
and
cost
for
performing
the
disclosure
activities
in
conjunction
with
the
sale
or
rental
of
target
housing
as
specified
by
the
rule.
The
annual
individual
disclosure
burden
for
both
sales
and
rental
agents
is
based
on
the
annual
number
of
sales
and
rental
transactions
handled
by
agents,
the
estimated
amount
of
time
required
to
perform
each
disclosure
(
Regulatory
Impact
Analysis
of
Lead­
Based
Paint
Hazard
Disclosure
Rule
for
Real
Estate
Transfers,
1995
),
and
the
total
number
of
respondents.

The
time
required
to
perform
each
disclosure
event
(
0.083
hours)
was
adopted
from
the
regulatory
impact
analysis.
The
annual
disclosure
burden
per
respondent
is
estimated
at
10.93
hours,
corresponding
to
an
annual
disclosure
cost
per
respondent
of
$
237.89.
The
total
annual
disclosure
burden
for
the
124,530
respondents
is
$
29,624,051.

Record­
Keeping
Burden:
The
record­
keeping
burden
involves
the
time
and
cost
for
meeting
the
disclosure
rule's
record­
keeping
requirements.
The
annual
individual
recordkeeping
burden
for
both
sales
and
rental
agents
is
based
on
the
annual
number
of
sales
and
rental
transactions
handled
by
agents,
the
estimated
amount
of
time
required,
per
event,
to
comply
with
the
record
keeping
requirement
(
Regulatory
Impact
Analysis
of
Lead­
Based
Paint
Hazard
Disclosure
Rule
for
Real
Estate
Transfers,
1995
),
and
the
total
number
of
respondents.

The
time
required
to
perform
each
record­
keeping
event
(
0.0083
hours)
was
adopted
from
the
regulatory
impact
analysis.
The
annual
record­
keeping
burden
per
respondent
is
estimated
at
0.70
hours,
corresponding
to
an
annual
record­
keeping
cost
per
respondent
of
$
15.24.
The
total
annual
record­
keeping
burden
for
the
124,530
respondents
is
$
1,898,297.

Materials
Burden:
The
materials
burden
involves
the
cost
of
materials
required
for
rule
compliance.
Materials
costs
include
lead
hazard
pamphlets,
filing
materials,
and
copies
to
be
made.
The
lead
hazard
pamphlets
are
16
pages
in
length,
printed
front
and
back,
folded
sheet
format
(
i.
e.
four
sheets
of
standard
sized
paper
per
document),
at
$
0.54
per
pamphlet.
The
total
cost
of
the
pamphlet
incurred
by
real
estate
agents
is
calculated
using
the
cost
per
pamphlet,
two
offers
per
sale
of
each
target
housing
unit,
and
the
number
of
sales
and
rentals
of
target
housing
that
involve
an
agent
(
2,915,030
and
7,590,733
respectively).
The
number
of
offers
per
sale
of
target
housing
is
based
on
the
regulatory
impact
analysis.

A
single
page
signed
acknowledgment
and
disclosure
statement,
and
a
single
August
8,
2000
­
9
­
page
contingency
statement,
is
required
for
every
sale
of
target
housing.
For
each
sale's
offer
involving
an
agent,
three
copies
of
both
documents
must
be
generated
by
the
agent
(
one
for
the
buyer,
one
for
the
seller,
and
one
for
the
agent).
Copies
are
assumed
to
cost
$
0.06
per
copy.
This
analysis
assumes
two
offers
per
sale
(
RIA).

A
single
page
signed
acknowledgment
and
disclosure
statement
is
required
for
each
rental
of
target
housing.
For
each
rental
involving
an
agent,
three
copies
must
be
generated
by
the
agent
(
one
for
the
lessee,
one
for
the
lessor,
and
one
for
the
agent).
Copies
are
assumed
to
cost
$
0.06
per
copy.

For
each
sale
or
rental
transaction,
agents
are
required
to
retain
the
one
page
signed
disclosure
and
acknowledgment
statement.
It
is
assumed
that
a
four
drawer,
25­
inch
deep
filing
cabinet
can
hold
25,000
sheets
of
paper
and
costs
approximately
$
100
(
discount
office
supply
price,
April,
1999).
This
translates
into
a
$
0.004
cost
per
sheet
of
paper.

Total
Burden
and
Costs
for
Real
Estate
Sales
and
Rental
Agents:
The
total
annual
burden
for
the
Real
Estate
Sales
and
Rental
Agents
respondent
class
is
estimated
at
1,453,638
hours.
This
corresponds
to
a
total
annual
cost
of
$
42,400,102,
including
materials.

Property
Owners
and
Lessors
(
Table
2
­
Respondent
2)

Under
the
disclosure
rule,
Property
Owners
and
Lessors
are
required
to
fulfill
various
responsibilities
relating
to
disclosure
of
the
possible
presence
of
lead­
based
paint
and
associated
hazards
in
properties
offered
for
sale
or
rental.
The
information
presented
in
this
section
summarizes
the
individual
data
items
and
sources,
which
were
used
in
estimating
the
burden
hours
and
costs
in
Table
2.
Additional
information
about
these
estimates
can
be
found
in
the
regulatory
impact
analysis.

The
number
of
property
owners
in
this
respondent
class
is
based
on1998
target
housing
sales
data
(
National
Association
of
Realtors).
This
data
is
adjusted
to
reflect
the
percentage
of
houses
built
before
1979
and
zero
bedroom
units,
using
information
from
the
American
Housing
Survey
(
HUD,
1997).
The
number
of
target
owners
(
sellers)
is
estimated
at
3,429,447.
The
number
of
Lessors
(
rental
owner­
operators)
is
adopted
from
1996,
County
Business
Patterns,
data
for
the
number
of
establishments
in
SIC
code
651,
Real
Estate
Agents
and
Managers.
The
number
of
target
lessors
is
estimated
at
100,612.

According
to
Bureau
of
the
Census
representatives,
the
only
military
housing
units
in
the
AHS
data
are
"
civilian
eligible"
housing
units.
These
are
units
available
to
the
families
of
military
personnel.
Due
to
the
extremely
small
number
of
"
civilian
eligible"
housing
units,
fewer
than
twenty
sampling
points
(
representing
<
0.05%
of
U.
S
housing
stock),
and
the
level
of
effort
that
would
be
required
to
remove
these
units
from
the
AHS
data,
"
civilian
eligible"
housing
units
were
retained
in
this
analysis.

Estimates
for
time
incurred
by
respondents
in
complying
with
the
various
cost
August
8,
2000
­
10
­
incurring
activities
are
based
on
the
RIA.
The
cost
of
time
for
owners
of
owner­
occupied
target
housing
and
lessors
apart
from
their
normal
compensated
occupation
is
based
on
average
hourly
earnings
for
December
1998,
total
private
employment
(
Bureau
of
Labor
Statistics),
less
allowances
for
income
tax
and
FICA
withholding,
taken
from
Employment
and
Earnings
(
Bureau
of
Labor
Statistics,
1995).

Burden
hours
and
costs
were
estimated
for
four
activities:

1.
Start­
up
Activity.
2.
Disclosure
Record
Preparation
Activity.
3.
Record­
keeping.
4.
Materials.

Start­
up
Burden:
The
start­
up
burden
involves
the
time
and
cost
required
for
Property
Owners
and
Lessors
to
learn
the
disclosure
rule's
requirements
and
set
up
procedures
for
meeting
those
requirements.
Based
on
the
RIA,
the
time
required
for
Property
Owners
and
Lessors
to
learn
the
rule
and
set
up
compliance
procedures
was
estimated
to
be
one
hour.

This
analysis
assumes
every
owner
(
seller)
of
target
housing
to
be
a
new
entrant,
thereby
incurring
start­
up
costs.
Therefore,
the
number
of
owner
new
entrants
is
assumed
to
be
3,429,447.
Additionally,
each
of
the
100,612
lessors
(
rental
owner­
operators)
are
assumed
to
incur
start­
up
costs.

The
one
hour
annual
start­
up
burden
per
respondent
translates
to
an
annual
cost
of
$
9.40
per
respondent.
The
total
annual
start­
up
burden
for
the
3,530,059
respondents
is
$
33,182,555.

Disclosure
Record
Preparation
Burden:
The
disclosure
burden
for
owners
and
lessors
involves
the
time
and
cost
for
performing
the
disclosure
activities
in
conjunction
with
the
sale
or
rental
of
target
housing
as
specified
by
the
rule.
The
annual
individual
disclosure
burden
for
both
owners
and
lessors
is
based
on
the
annual
number
of
target
sales
(
National
Association
of
Realtors,
1998)
and
rental
transactions
(
American
Housing
Survey,
HUD,
1997),
the
estimated
amount
of
time
required
to
perform
each
disclosure
(
RIA),
and
the
total
number
of
respondents.

The
time
required
to
perform
each
disclosure
event
(
0.083
hours)
was
adopted
from
the
regulatory
impact
analysis.
The
annual
disclosure
burden
per
respondent
is
estimated
at
0.083
hours
for
property
owners
and
7.39
hours
for
property
lessors.
The
total
annual
disclosure
burden
for
the
3,530,059
respondents
is
1,029,565
hours,
corresponding
to
a
total
annual
disclosure
cost
of
$
9,677,909.

Record­
Keeping
Burden:
The
record­
keeping
burden
involves
the
time
and
cost
for
meeting
the
disclosure
rule's
record­
keeping
requirements.
The
annual
individual
recordkeeping
burden
for
both
owners
and
lessors
is
based
on
the
estimated
amount
of
time
required,
per
event,
to
comply
with
the
record­
keeping
requirement
(
RIA),
the
annual
August
8,
2000
­
11
­
number
of
target
sales
and
rental
transactions,
and
the
total
number
of
respondents.

The
time
required
to
perform
each
record­
keeping
event
(
0.0083
hours)
was
adopted
from
the
regulatory
impact
analysis.
The
annual
record­
keeping
burden
per
respondent
is
estimated
at
0.0083
hours
for
property
owners
and
0.7367
hours
for
property
lessors.
The
total
annual
record­
keeping
burden
for
the
3,530,059
respondents
is
102,586
hours,
corresponding
to
a
total
annual
record­
keeping
cost
of
$
964,305.

Materials
Burden:
Materials
Burden
for
owners
(
sellers)
and
lessors
(
rental
owneroperators
consists
of
Lead
Hazard
Pamphlets,
filing
materials,
and
copying
costs.
The
Lead
Hazard
Pamphlets
are
16
pages,
printed
front
and
back,
folded
sheet
format
(
i.
e.
four
sheets
of
standard
sized
paper
per
document),
at
$
0.54
per
pamphlet.
The
total
cost
of
the
pamphlet
incurred
by
owners
and
lessors
of
target
housing
is
calculated
according
to
the
cost
per
pamphlet,
the
total
number
of
offers
per
sale
of
target
housing
(
two
offers/
sale),
and
the
number
of
sales
and
rentals
of
target
housing
that
do
not
involve
an
agent
(
514,417
and
1,339,541
respectively).
The
number
of
offers
per
sale
of
target
housing
is
based
on
the
RIA.

For
the
sale
of
target
housing
where
an
agent
is
not
involved,
a
single
page
signed
acknowledgment
and
disclosure
statement,
and
a
single
page
contingency
statement,
is
required
for
every
sale
of
target
housing.
Two
copies
of
both
documents
are
generated
by
the
owner
(
one
for
the
buyer
and
one
for
the
owner).
Copies
are
assumed
to
cost
$
0.06
per
copy.
This
analysis
assumes
two
offers
per
sale
(
RIA).
When
an
agent
participates
in
the
transaction,
these
costs
are
assumed
to
be
incurred
by
the
agent
(
See
Respondent
1).

A
single
page
signed
acknowledgment
and
disclosure
statement
is
required
for
each
rental
of
target
housing.
For
each
rental
not
involving
an
agent,
two
copies
must
be
generated
by
the
lessor
(
one
for
the
lessee
and
one
for
the
lessor).
Copies
are
assumed
to
cost
$
0.06
per
copy.
When
a
rental
agent
participates
in
the
transaction,
these
costs
are
assumed
to
be
incurred
by
the
agent
(
see
Respondent
1).

For
each
rental
transaction
not
involving
an
agent,
lessors
are
assumed
to
incur
a
file
storage
cost
for
the
storage
of
the
one
page
disclosure
statement.
A
four
drawer,
25­
inch
deep
filing
cabinet
can
hold
25,000
sheets
of
paper
and
costs
approximately
$
100
(
discount
office
supply
price,
April,
1999).
This
translates
into
a
$
0.004
cost
per
sheet
of
paper.
The
file
storage
cost
incurred
by
property
owners
is
assumed
to
be
incidental.

Total
Burden
and
Costs
for
Property
Owners
and
Lessors:
The
total
annual
burden
for
the
Property
Owners
and
Lessors
respondent
class
is
estimated
at
4,662,209
hours.
This
corresponds
to
a
total
annual
cost
of
$
45,516,715,
including
materials.

Offerors/
Buyers
and
Lessees
(
Table
3
­
Respondent
3)

Under
the
disclosure
rule,
as
recipients
of
the
disclosure
information
and
signers
of
acknowledgment
documents,
Offerors/
Buyers
and
Lessees
will
spend
additional
time
participating
in
transactions
that
are
subject
to
the
disclosure
rule
for
real
estate
transfers.
August
8,
2000
­
12
­
The
information
presented
in
this
section
summarizes
the
individual
data
items
and
sources,
which
were
used
in
estimating
the
burden
hours
and
costs
in
Table
3.
Additional
information
about
these
estimates
can
be
found
in
the
regulatory
impact
analysis.

The
number
of
offerors/
buyers
in
this
respondent
class
is
based
on1998
target
housing
sales
data
(
National
Association
of
Realtors).
The
sales
data
from
the
National
Association
of
Realtors
is
adjusted
to
reflect
the
percentage
of
houses
built
before
1979
and
zero
bedroom
units
(
American
Housing
Survey,
HUD,
1997).
The
estimated
number
of
target
buyers
is
estimated
at
3,429,447.
This
analysis
assumes
two
offers
per
sale.
The
number
of
lessees
is
based
on
the
number
of
pre­
1980
rental
units
occupied
less
than
12
months,
adjusted
for
zero­
bedroom
units
(
American
Housing
Survey,
HUD,
1997).
The
estimated
number
of
lessees
(
renters)
is
estimated
at
8,930,274.

According
to
Bureau
of
the
Census
representatives,
the
only
military
housing
units
in
the
AHS
data
are
"
civilian
eligible"
housing
units.
These
are
units
available
to
the
families
of
military
personnel.
Due
to
the
extremely
small
number
of
"
civilian
eligible"
housing
units,
fewer
than
twenty
sampling
points
(
representing
<
0.05%
of
U.
S.
housing
stock),
and
the
level
of
effort
that
would
be
required
to
remove
these
units
from
the
AHS
data,
"
civilian
eligible"
housing
units
were
retained
in
this
analysis.

For
each
sale
or
rental
transaction
involving
target
housing,
it
is
assumed
that
the
offeror/
buyer
or
lessee
must
participate
in
the
disclosure
activity,
and
that
this
is
the
only
activity
in
which
they
incur
a
burden.

The
cost
of
time
spent
by
buyers
and
lessees
apart
from
their
normal
compensated
occupation
is
based
on
average
hourly
earnings
for
December
1998,
total
private
employment
(
Bureau
of
Labor
Statistics,
March,
1999),
less
allowances
for
income
tax
and
FICA
withholding
taken
from
Employment
Earnings
(
Bureau
of
Labor
Statistics,
January,
1995).

Disclosure
Record
Preparation
Burden:
The
disclosure
burden
for
Offerors/
Buyers
and
Lessees
involves
the
time
and
cost
for
performing
the
disclosure
activities
in
conjunction
with
the
sale
or
rental
of
target
housing
as
specified
by
the
rule.
The
annual
individual
disclosure
burden
for
both
offerors/
buyers
and
lessees
is
based
on
the
annual
number
of
target
sales
(
National
Association
of
Realtors,
1998)
and
rental
transactions
(
American
Housing
Survey,
HUD,
1997),
the
estimated
amount
of
time
required
to
perform
each
disclosure
(
RIA),
and
the
total
number
of
respondents.

The
time
required
to
perform
each
disclosure
event
(
0.083
hours)
was
adopted
from
the
regulatory
impact
analysis.
The
annual
disclosure
burden
per
respondent
is
estimated
at
0.083
hours
for
Offerors/
buyers
and
Lessees.
The
total
annual
disclosure
burden
for
the
12,359,721
respondents
is
1,029,565
hours,
corresponding
to
a
total
annual
disclosure
cost
of
$
9,677,909.

Total
Burden
and
Costs:
The
total
annual
burden
for
the
Offerors/
buyers
and
Lessees
respondent
class
is
estimated
at
1,029,565
hours.
This
corresponds
to
a
total
August
8,
2000
­
13
­
annual
cost
of
$
9,677,909,
including
materials.

6(
b)
Agency
Burden
and
Costs
The
primary
purpose
of
this
information
collection
activity
is
the
provision
of
certain
information
between
two
parties
in
a
transaction,
and
constitutes
a
third
party
disclosure
under
the
PRA.
The
Agency
burden
and
costs
associated
with
this
activity
are,
therefore,
limited
to
the
provision
of
guidance
and
program
oversight
or
enforcement.
As
such,
there
is
no
need
to
estimated
the
related
Agency
burden
and
costs
under
the
PRA.

6(
c)
Total
Burden
and
Cost
Table
4
summarizes
the
aggregate
burden
hours
and
the
total
costs,
including
startup
and
materials.
The
bottom
line
total
annual
respondent
burden
is
estimated
to
be
7,145,412
hours,
with
an
estimated
total
annual
cost
of
$
97,594,725.

Table
5
estimates
the
average
unit
burden
for
labor
and
materials
per
respondent.
The
average
annual
labor
burden
per
respondent
is
26.8
minutes,
corresponding
to
an
average
annual
labor
cost
per
respondent
of
$
5.32.
The
average
annual
material
cost
per
respondent
is
$
0.78.
The
total
average
annual
burden
per
respondent
for
labor
and
materials
is
26.8
minutes,
corresponding
to
an
average
annual
labor
and
material
cost
per
respondent
of
$
6.09.
It
is
important
to
note
that
the
annual
per
respondent
burden
will
vary
from
respondent
to
respondent.
For
example,
real
estate
agents
may
participate
in
multiple
transactions
per
year
and
will
participate
in
disclosure
events
with
both
the
buyer
and
the
seller.
In
contrast
the
seller
only
participates
in
one
disclosure
event.

Additionally,
Table
5
estimates
the
average
unit
burden
for
labor
and
materials
per
transaction.
The
average
annual
labor
burden
per
transaction
is
34.7
minutes,
corresponding
to
an
average
annual
labor
cost
per
transaction
of
$
6.89.
The
average
annual
material
cost
per
transaction
is
$
1.01.
The
total
average
annual
burden
per
transaction
for
labor
and
material
is
34.7
minutes,
corresponding
to
an
average
annual
labor
and
material
cost
per
transaction
of
$
7.90.
It
is
important
to
note
that
the
annual
per
transaction
burden
will
vary
from
transaction
to
transaction.
For
example,
sales
transactions
may
include
multiple
offers.
Also,
there
will
be
a
higher
burden
associated
with
sales
and
rentals
involving
an
agent
than
then
those
where
no
agent
is
involved.

Table
6
provides
a
more
detailed
summary
of
burden
for
each
respondent
class
affected
by
this
rule.
Since
this
is
a
third
party
disclosure,
there
are
no
related
agency
burden
and
costs.

6(
d)
Reasons
for
the
Change
in
Burden
The
total
estimated
annual
burden
provided
in
this
ICR
(
7,145,412
hours),
reflects
an
estimated
net
increase
of
1,421
burden
hours
from
the
total
estimated
burden
provided
in
the
ICR
that
was
approved
in
1996
(
7,143,991).
There
are
two
principal
reasons
for
this
change
in
burden:
1)
The
total
number
of
estimated
transactions
increased
by
August
8,
2000
­
14
­
approximately
one
percent
due
to
an
increase
in
the
number
of
estimated
annual
sales
transactions,
and
2)
during
review
of
the
earlier
ICR
an
error
was
discovered
that
resulted
in
the
double
counting
of
approximately
one
percent
of
transactions.
Correcting
this
error
served
to
offset
the
increase
in
transactions
due
to
sales
increases.

In
addition
to
the
increase
in
the
estimated
number
of
hours,
the
total
cost
increased
due
to
an
increase
in
the
cost
of
materials,
primarily
the
lead
hazard
pamphlet,
and
an
increase
in
labor
wage
rates.

These
increases
are
an
adjustment
to
the
burden
and
do
not
reflect
any
program
changes.

6(
e)
Burden
Statement
The
annual
burden
for
this
ICR,
which
is
approved
under
OMB
Control
Number
2070­
0151,
is
estimated
to
average
34.7
minutes
per
response,
with
an
estimated
average
cost
of
$
7.90
per
response.
EPA
estimates
that
these
are
approximately
16,014,310
respondents,
with
an
estimated
0.77
transactions
for
each
respondent,
for
an
estimated
12,359,721
total
transactions.
The
total
burden
is
estimated
to
be
7,145,412
hours,
with
a
corresponding
estimated
cost
of
$
97,594,725.

Under
the
PRA,
"
burden"
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
disclose,
or
provide
information
to
or
for
a
Federal
agency.
Although
these
requirements
also
apply
to
the
Federal
government,
the
PRA
does
not
require
EPA
and
HUD
to
estimate
the
potential
burden
or
costs
associated
with
the
information
collection
activities
performed
by
Federal
agencies.
For
this
collection
it
includes
the
time
needed
to
amend
this
list
as
appropriate,
but
use
these
terms;
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.

An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
information
collections
appear
on
the
collection
instruments
or
instructions,
in
the
Federal
Register
notices
for
the
related
rulemaking
and
ICR
notices,
and,
if
the
collection
is
contained
in
a
regulation,
in
a
table
of
OMB
approval
numbers
for
EPA
regulations
in
40
CFR
part
9.
The
OMB
control
numbers
for
HUD
regulations
appear
with
the
regulations.

Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
the
Director,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
Mail
Code
2822),
August
8,
2000
­
15
­
1200
Pennsylvania
Ave.,
NW.,
Washington,
D.
C.
20460.
Include
the
OMB
control
number
in
any
correspondence,
but
do
not
submit
the
requested
information
to
this
address.
The
requested
information
should
be
submitted
in
accordance
with
the
instructions
accompanying
the
form,
or
as
specified
in
the
corresponding
regulation.
August
8,
2000
­
16
­
List
of
ATTACHMENTS
to
this
ICR:

[
NOTE:
Unless
otherwise
noted,
an
electronic
version
of
the
listed
attachment
appears
in
the
electronic
file
for
the
ICR,
following
the
main
text
of
the
Supporting
Statement.]

A
­
Tables
1­
6
B
­
Residential
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992,
Section
1018
(
42
U.
S.
C.
4852d).

C
­
Environmental
Protection
Agency
Regulations,
40
CFR
745,
Subpart
F
D
­
Department
of
Housing
and
Urban
Development
Regulations,
24
CFR
35,
Subpart
H
E
­
Lead
Pamphlet
(
For
an
electronic
copy
of
this
pamphlet,
available
in
multiple
languages,
go
to
http://
www.
epa.
gov/
lead/
leadbase.
htm.)

F
­
Sample
Disclosure
Statements
(
For
an
electronic
copy
of
this
sample
form
­
available
in
English
and
Spanish,
go
to
http://
www.
epa.
gov/
lead/
leadbase.
htm.)

G
­
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB,
64
FR
19772,
April
22,
1999
(
For
an
electronic
copy
of
this
FR
document
go
to
http://
www.
epa.
gov/
fedrgstr/
EPA­
TOX/
1999/
April/
Day­
22/
t10238.
htm.)
August
8,
2000
A
­
1
ATTACHMENT
A
Tables
1­
6
Table
1
­
Respondent
1:
Annual
Real
Estate
Sales
and
Rental
Agents
Burden/
Cost
Estimates
Respondents
Events
Hours
per
Event
Hours
per
Year
per
Respondent
Hours
per
Year
Cost
per
Respondent
per
Year
Cost
per
Year
Start­
up
New
Agents
5,666
5,666
1
1
5,666
$
21.77
$
123,349
Start­
up
total
5,666
5,666
5,666
$
123,349
Disclosure
Record
Preparation
D&
R
­
sale
[
A]
124,530
8,745,090
0.0833
5.85
728,466
$
127.35
$
15,858,705
D&
R
­
rent
124,530
7,590,733
0.0833
5.08
632,308
$
110.54
$
13,765,346
D&
R
total
124,530
10.93
1,360,774
$
237.89
$
29,624,051
Record­
keeping
RK
­
sale
124,530
2,915,030
0.0083
0.19
24,195
$
4.23
$
526,720
RK
­
rent
124,530
7,590,733
0.0083
0.51
63,003
$
11.01
$
1,371,577
RK
total
124,530
0.70
87,198
$
15.24
$
1,898,297
Labor
total
1,453,638
$
31,645,697
Materials
Mat.­
sales
$
42.23
$
5,258,714
Mat.­
rental
$
44.13
$
5,495,691
Mat.­
total
124,530
$
86.36
$
10,754,405
TOTAL
124,530
[
E]
1,453,638
[
F]
$
42,400,102
TOTAL
ANNUAL
BURDEN
[
B][
C]:
1,453,638
Hours
TOTAL
ANNUAL
COST
[
C][
D]:
$
42,400,102
[
A]
The
number
of
disclosure
events
performed
by
agents
is
3
x
the
number
of
agent
target
sales.
The
disclosure
is
performed
with
each
offeror
and
with
each
successful
seller.
The
number
of
agent
target
sales
is
2,915,030.
[
B]
Based
on
1998
record
sales
of
4,785,000
existing
housing
units;
for
comparison
purposes,
in
1997
4,370,000
existing
housing
units
were
sold.
[
C]
The
burden
associated
with
rental
sales
transactions
is
not
included.
[
D]
Pamphlet
costs
may
be
reduced
by
downloading
from
an
EPA
website
and
reproducing
via
photocopier.
[
E]
11.63
hours
annually
per
respondent
plus
1
additional
start
up
hour
for
each
new
entrant.
[
F]
$
339.49
annually
per
respondent
plus
$
21.77
start
up
costs
for
each
new
entrant.
August
8,
2000
A
­
2
Table
2
­
Respondent
2:
Annual
Property
Owners
and
Lessors
Burden/
Cost
Estimates
Respondents
Events
Hours
per
Event
Hours
per
Year
per
Respondent
Hours
per
Year
Cost
per
Respondent
per
Year
Cost
per
Year
Start­
up
Owner­
Occ
3,429,447
3,429,447
1
1
3,429,447
$
9.40
$
32,236,802
Rental
­
Owners
100,612
100,612
1
1
100,612
$
9.40
$
945,753
Start­
up
total
3,530,059
3,530,059
$
33,182,555
Disclosure
Record
Preparation
D&
R
­
sale
3,429,447
3,429,447
0.0833
0.083
285,673
$
0.78
$
2,685,326
D&
R
­
rent
100,612
8,930,274
0.0833
7.39
743,892
$
69.50
$
6,992,583
D&
R
total
3,530,059
1,029,565
$
9,677,909
Record­
keeping
RK
­
sale
3,429,447
3,429,447
0.0083
0.0083
28,464
$
0.08
$
267,565
RK
­
rent
100,612
8,930,274
0.0083
0.7367
74,121
$
6.93
$
696,740
RK
total
3,530,059
102,586
$
964,305
Labor
total
4,662,209
$
43,824,769
Materials
Mat­
sales
$
1.56
$
802,491
Mat­
rental
$
8.84
$
889,455
Mat­
total
615,029
$
10.40
$
1,691,946
TOTAL
3,530,059
[
D]
4,662,209
[
E]
$
45,516,715
TOTAL
ANNUAL
BURDEN
[
A][
B]:
4,662,209
Hours
TOTAL
ANNUAL
COST
[
B][
C]:
$
45,516,715
[
A]
Based
on
1998
record
sales
of
4,785,000
existing
housing
units;
for
comparison
purposes,
in
1997
4,370,000
existing
housing
units
were
sold.
[
B]
The
burden
associated
with
rental
sales
transactions
is
not
included.
[
C]
Pamphlet
costs
may
be
reduced
by
downloading
from
an
EPA
website
and
reproducing
via
photocopier.
[
D]
1.09
hours
annually
per
owner,
and
10.13
hours
annually
per
lessor.
[
E]
For
each
owner,
$
10.18
annually
plus
$
1.56
(
materials)
annually
for
transactions
without
an
agent.
For
each
lessor,
$
85.83
annually
plus
$
8.84
(
materials)
annually
for
transactions
without
an
agent.
August
8,
2000
A
­
3
Table
3
­
Respondent
3:
Annual
Offeror/
Buyer
and
Lessee
Burden/
Cost
Estimates
Respondents
Events
Hours
per
Event
Hours
per
Year
per
Respondent
Hours
per
Year
Cost
per
Respondent
per
Year
Cost
per
Year
Start­
up
­
buy
$
0.00
$
0.00
­
rent
$
0.00
$
0.00
Start­
up
total
$
0.00
$
0.00
Disclosure
Record
Preparation
D&
R
­
buy
3,429,447
3,429,447
0.0833
0.0833
285,673
$
0.78
$
2,685,326
D&
R
­
rent
8,930,274
8,930,274
0.0833
0.0833
743,892
$
0.78
$
6,992,583
D&
R
total
12,359,721
1,029,565
$
9,677,909
Record­
keeping
RK
­
buy
$
0.00
$
0.00
RK
­
rent
$
0.00
$
0.00
RK
total
$
0.00
$
0.00
Labor
total
1,029,565
$
9,677,909
TOTAL
12,359,721
0.0833
1,029,565
$
0.78
$
9,677,909
TOTAL
ANNUAL
BURDEN
[
A][
B]:
1,029,565
Hours
TOTAL
ANNUAL
COST
[
B][
C]:
$
9,677,909
[
A]
Based
on
1998
record
sales
of
4,785,000
existing
housing
units;
for
comparison
purposes,
in
1997
4,370,000
existing
housing
units
were
sold.
[
B]
The
burden
associated
with
rental
sales
transactions
is
not
included.
[
C]
Pamphlet
costs
may
be
reduced
by
downloading
from
an
EPA
website
and
reproducing
via
photocopier.
August
8,
2000
A
­
4
TABLE
4
­
AGGREGATE
TABLE
FOR
REAL
ESTATE
TRANSFERS
Total
Annual
Burden
Hours
$
Costs
Respondent
Table
#
1
1,453,638
$
42,400,102
Respondent
Table
#
2
4,662,209
$
45,516,715
Respondent
Table
#
3
1,029,565
$
9,677,909
Bottom
Line
7,145,412
$
97,594,725
August
8,
2000
A
­
5
TABLE
5
­
UNIT
BURDEN
TABLE
FOR
REAL
ESTATE
TRANSFERS
[
A]

Activities
Hours
Cost
1.
Start­
up
3,535,725
$
33,305,903
2.
Disclosure
Record
Preparation
3,419,904
$
48,979,869
3.
Record­
keeping
189,784
$
2,862,602
Total
Labor
Burden
7,145,412
$
85,148,374
4.
Materials
­
0­
$
12,446,351
Total
Labor
Burden
&
Material
7,145,412
$
97,594,725
Minutes
Cost
Average
Per
Respondent
Burden
Estimates
[
B]

Total
Number
of
Respondents
=
16,014,310
Labor
(
incl.
start­
up)
26.8
$
5.32
Materials
­
0­
$
0.78
Total
Labor
and
Materials
26.8
$
6.09
Average
Per
Transaction
Burden
Estimates
[
B]

Total
Number
of
Transactions
=
12,359,721
Labor
(
incl.
start­
up)
34.7
$
6.89
Materials
­
0­
$
1.01
Total
Labor
and
Materials
34.7
$
7.90
[
A]
A
detailed
summary
of
activity
hours
and
costs
is
provided
in
Table
6.

[
B]
See
section
6(
c)
in
text
for
important
cautions
regarding
interpretation
of
these
average
estimates.
August
8,
2000
A
­
6
TABLE
6
­
Bottom­
Line
Total
Respondent
Burden
and
Costs
Respondent
1
Respondent
2
Respondent
3
ICR
Total
Activities
No.
Hrs.
$
No.
Hrs.
$
No.
Hrs.
$
No.
Hrs.
$

1.
Start
up
5,666
5,666
123,349
3,530,059
3,530,059
33,182,555
­
0­
­
0­
­
0­
3,535,725
3,535,725
33,305,903
2.
Disclosure
124,530
1,360,774
29,624,051
3,530,059
1,029,565
9,677,909
12,359,721
1,029,565
9,677,909
16,014,310
3,419,904
48,979,869
3.
Record­
keeping
124,530
87,198
1,898,297
3,530,059
102,586
964,305
­
0­
­
0­
­
0­
3,654,589
189,784
2,862,602
Labor
Total
1,453,638
31,645,697
4,662,209
43,824,769
1,029,565
9,677,909
7,145,412
85,148,374
4.
Materials
124,530
­
0­
10,754,405
615,029
­
0­
1,691,946
­
0­
­
0­
­
0­
739,559
­
0­
12,446,351
Total
Labor
and
Material
1,453,638
42,400,102
4,662,209
45,516,715
1,029,565
9,677,909
7,145,412
97,594,725
August
8,
2000
B
­
1
ATTACHMENT
B
Residential
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992
Section
1018
(
42
U.
S.
C.
4852d)

TITLE
42­­
THE
PUBLIC
HEALTH
AND
WELFARE
CHAPTER
63A­­
RESIDENTIAL
LEAD­
BASED
PAINT
HAZARD
REDUCTION
SUBCHAPTER
I­­
LEAD­
BASED
PAINT
HAZARD
REDUCTION
Sec.
4852d.
Disclosure
of
information
concerning
lead
upon
transfer
of
residential
property
(
a)
Lead
disclosure
in
purchase
and
sale
or
lease
of
target
housing
(
1)
Lead­
based
paint
hazards
Not
later
than
2
years
after
October
28,
1992,
the
Secretary
and
the
Administrator
of
the
Environmental
Protection
Agency
shall
promulgate
regulations
under
this
section
for
the
disclosure
of
lead­
based
paint
hazards
in
target
housing
which
is
offered
for
sale
or
lease.
The
regulations
shall
require
that,
before
the
purchaser
or
lessee
is
obligated
under
any
contract
to
purchase
or
lease
the
housing,
the
seller
or
lessor
shall­­
(
A)
provide
the
purchaser
or
lessee
with
a
lead
hazard
information
pamphlet,
as
prescribed
by
the
Administrator
of
the
Environmental
Protection
Agency
under
section
406
of
the
Toxic
Substances
Control
Act
[
15
U.
S.
C.
2686];
(
B)
disclose
to
the
purchaser
or
lessee
the
presence
of
any
known
lead­
based
paint,
or
any
known
lead­
based
paint
hazards,
in
such
housing
and
provide
to
the
purchaser
or
lessee
any
lead
hazard
evaluation
report
available
to
the
seller
or
lessor;
and
(
C)
permit
the
purchaser
a
10­
day
period
(
unless
the
parties
mutually
agree
upon
a
different
period
of
time)
to
conduct
a
risk
assessment
or
inspection
for
the
presence
of
lead­
based
paint
hazards.

(
2)
Contract
for
purchase
and
sale
Regulations
promulgated
under
this
section
shall
provide
that
every
contract
for
the
purchase
and
sale
of
any
interest
in
target
housing
shall
contain
a
Lead
Warning
Statement
and
a
statement
signed
by
the
purchaser
that
the
purchaser
has­­
(
A)
read
the
Lead
Warning
Statement
and
understands
its
contents;
(
B)
received
a
lead
hazard
information
pamphlet;
and
(
C)
had
a
10­
day
opportunity
(
unless
the
parties
mutually
agreed
upon
a
different
period
of
time)
before
becoming
obligated
under
the
contract
to
purchase
the
housing
to
conduct
a
risk
assessment
or
inspection
for
the
presence
of
lead­
based
paint
hazards.

(
3)
Contents
of
lead
warning
statement
The
Lead
Warning
Statement
shall
contain
the
following
text
printed
in
large
type
on
a
separate
sheet
of
paper
attached
to
the
contract:

"
Every
purchaser
of
any
interest
in
residential
real
property
on
which
a
residential
dwelling
was
built
prior
to
1978
is
notified
that
such
property
may
present
exposure
to
lead
from
lead­
based
paint
that
may
place
young
children
at
risk
of
developing
lead
poisoning.
Lead
poisoning
in
young
children
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.
The
seller
of
any
interest
in
residential
real
property
is
required
to
provide
the
buyer
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.
A
risk
assessment
or
inspection
for
possible
lead­
based
paint
hazards
is
recommended
prior
to
purchase.''.

(
4)
Compliance
assurance
August
8,
2000
B
­
2
Whenever
a
seller
or
lessor
has
entered
into
a
contract
with
an
agent
for
the
purpose
of
selling
or
leasing
a
unit
of
target
housing,
the
regulations
promulgated
under
this
section
shall
require
the
agent,
on
behalf
of
the
seller
or
lessor,
to
ensure
compliance
with
the
requirements
of
this
section.

(
5)
Promulgation
A
suit
may
be
brought
against
the
Secretary
of
Housing
and
Urban
Development
and
the
Administrator
of
the
Environmental
Protection
Agency
under
section
20
of
the
Toxic
Substances
Control
Act
[
15
U.
S.
C.
2619]
to
compel
promulgation
of
the
regulations
required
under
this
section
and
the
Federal
district
court
shall
have
jurisdiction
to
order
such
promulgation.

(
b)
Penalties
for
violations
(
1)
Monetary
penalty
Any
person
who
knowingly
violates
any
provision
of
this
section
shall
be
subject
to
civil
money
penalties
in
accordance
with
the
provisions
of
section
3545
of
this
title.

(
2)
Action
by
Secretary
The
Secretary
is
authorized
to
take
such
lawful
action
as
may
be
necessary
to
enjoin
any
violation
of
this
section.

(
3)
Civil
liability
Any
person
who
knowingly
violates
the
provisions
of
this
section
shall
be
jointly
and
severally
liable
to
the
purchaser
or
lessee
in
an
amount
equal
to
3
times
the
amount
of
damages
incurred
by
such
individual.

(
4)
Costs
In
any
civil
action
brought
for
damages
pursuant
to
paragraph
(
3),
the
appropriate
court
may
award
court
costs
to
the
party
commencing
such
action,
together
with
reasonable
attorney
fees
and
any
expert
witness
fees,
if
that
party
prevails.

(
5)
Prohibited
act
It
shall
be
a
prohibited
act
under
section
409
of
the
Toxic
Substances
Control
Act
[
15
U.
S.
C.
2689]
for
any
person
to
fail
or
refuse
to
comply
with
a
provision
of
this
section
or
with
any
rule
or
order
issued
under
this
section.
For
purposes
of
enforcing
this
section
under
the
Toxic
Substances
Control
Act
[
15
U.
S.
C.
2601
et
seq.],
the
penalty
for
each
violation
applicable
under
section
16
of
that
Act
[
15
U.
S.
C.
2615]
shall
not
be
more
than
$
10,000.

(
c)
Validity
of
contracts
and
liens
Nothing
in
this
section
shall
affect
the
validity
or
enforceability
of
any
sale
or
contract
for
the
purchase
and
sale
or
lease
of
any
interest
in
residential
real
property
or
any
loan,
loan
agreement,
mortgage,
or
lien
made
or
arising
in
connection
with
a
mortgage
loan,
nor
shall
anything
in
this
section
create
a
defect
in
title.

(
d)
Effective
date
The
regulations
under
this
section
shall
take
effect
3
years
after
October
28,
1992.

(
Pub.
L.
102­
550,
title
X,
Sec.
1018,
Oct.
28,
1992,
106
Stat.
3910.)
August
8,
2000
C
­
1
ATTACHMENT
C
Environmental
Protection
Agency
Regulations
40
CFR
745,
Subpart
F
TITLE
40
 
PROTECTION
OF
ENVIRONMENT
CHAPTER
I­­
ENVIRONMENTAL
PROTECTION
AGENCY
PART
745­­
LEAD­
BASED
PAINT
POISONING
PREVENTION
IN
CERTAIN
RESIDENTIAL
STRUCTURES
Subpart
F­­
Disclosure
of
Known
Lead­
Based
Paint
and/
or
Lead­
Based
Paint
Hazards
Upon
Sale
or
Lease
of
Residential
Property
Sec.
745.100
Purpose.

This
subpart
implements
the
provisions
of
42
U.
S.
C.
4852d,
which
impose
certain
requirements
on
the
sale
or
lease
of
target
housing.
Under
this
subpart,
a
seller
or
lessor
of
target
housing
shall
disclose
to
the
purchaser
or
lessee
the
presence
of
any
known
lead­
based
paint
and/
or
lead­
based
paint
hazards;
provide
available
records
and
reports;
provide
the
purchaser
or
lessee
with
a
lead
hazard
information
pamphlet;
give
purchasers
a
10­
day
opportunity
to
conduct
a
risk
assessment
or
inspection;
and
attach
specific
disclosure
and
warning
language
to
the
sales
or
leasing
contract
before
the
purchaser
or
lessee
is
obligated
under
a
contract
to
purchase
or
lease
target
housing.

Sec.
745.101
Scope
and
applicability.

This
subpart
applies
to
all
transactions
to
sell
or
lease
target
housing,
including
subleases,
with
the
exception
of
the
following:
(
a)
Sales
of
target
housing
at
foreclosure.
(
b)
Leases
of
target
housing
that
have
been
found
to
be
lead­
based
paint
free
by
an
inspector
certified
under
the
Federal
certification
program
or
under
a
federally
accredited
State
or
tribal
certification
program.
Until
a
Federal
certification
program
or
federally
accredited
State
certification
program
is
in
place
within
the
State,
inspectors
shall
be
considered
qualified
to
conduct
an
inspection
for
this
purpose
if
they
have
received
certification
under
any
existing
State
or
tribal
inspector
certification
program.
The
lessor
has
the
option
of
using
the
results
of
additional
test(
s)
by
a
certified
inspector
to
confirm
or
refute
a
prior
finding.
(
c)
Short­
term
leases
of
100
days
or
less,
where
no
lease
renewal
or
extension
can
occur.
(
d)
Renewals
of
existing
leases
in
target
housing
in
which
the
lessor
has
previously
disclosed
all
information
required
under
Sec.
745.107
and
where
no
new
information
described
in
Sec.
745.107
has
come
into
the
possession
of
the
lessor.
For
the
purposes
of
this
paragraph,
renewal
shall
include
both
renegotiation
of
existing
lease
terms
and/
or
ratification
of
a
new
lease.

Sec.
745.102
Effective
dates.

The
requirements
in
this
subpart
take
effect
in
the
following
manner:
(
a)
For
owners
of
more
than
four
residential
dwellings,
the
requirements
shall
take
effect
on
September
6,
1996.
(
b)
For
owners
of
one
to
four
residential
dwellings,
the
requirements
shall
take
effect
on
December
6,
1996.
Sec.
745.103
Definitions.

The
following
definitions
apply
to
this
subpart.
The
Act
means
the
Residential
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992,
42
U.
S.
C.
4852d.
Agent
means
any
party
who
enters
into
a
contract
with
a
seller
or
lessor,
including
any
party
who
enters
into
a
contract
with
a
representative
of
the
seller
or
lessor,
for
the
purpose
of
selling
or
leasing
target
housing.
This
term
does
not
apply
to
purchasers
or
any
purchaser's
representative
who
receives
all
compensation
from
the
purchaser.
Available
means
in
the
possession
of
or
reasonably
obtainable
by
the
seller
or
lessor
at
the
time
of
the
disclosure.
Common
area
means
a
portion
of
a
building
generally
accessible
to
all
residents/
users
including,
but
not
limited
to,
August
8,
2000
C
­
2
hallways,
stairways,
laundry
and
recreational
rooms,
playgrounds,
community
centers,
and
boundary
fences.
Contract
for
the
purchase
and
sale
of
residential
real
property
means
any
contract
or
agreement
in
which
one
party
agrees
to
purchase
an
interest
in
real
property
on
which
there
is
situated
one
or
more
residential
dwellings
used
or
occupied,
or
intended
to
be
used
or
occupied,
in
whole
or
in
part,
as
the
home
or
residence
of
one
or
more
persons.
EPA
means
the
Environmental
Protection
Agency.
Evaluation
means
a
risk
assessment
and/
or
inspection.
Foreclosure
means
any
of
the
various
methods,
statutory
or
otherwise,
known
in
different
jurisdictions,
of
enforcing
payment
of
a
debt,
by
the
taking
and
selling
of
real
property.
Housing
for
the
elderly
means
retirement
communities
or
similar
types
of
housing
reserved
for
households
composed
of
one
or
more
persons
62
years
of
age
or
more
at
the
time
of
initial
occupancy.
HUD
means
the
U.
S.
Department
of
Housing
and
Urban
Development.
Inspection
means:
(
1)
A
surface­
by­
surface
investigation
to
determine
the
presence
of
lead­
based
paint
as
provided
in
section
302(
c)
of
the
Lead­
Based
Paint
Poisoning
and
Prevention
Act
[
42
U.
S.
C.
4822],
and
(
2)
The
provision
of
a
report
explaining
the
results
of
the
investigation.
Lead­
based
paint
means
paint
or
other
surface
coatings
that
contain
lead
equal
to
or
in
excess
of
1.0
milligram
per
square
centimeter
or
0.5
percent
by
weight.
Lead­
based
paint
free
housing
means
target
housing
that
has
been
found
to
be
free
of
paint
or
other
surface
coatings
that
contain
lead
equal
to
or
in
excess
of
1.0
milligram
per
square
centimeter
or
0.5
percent
by
weight.
Lead­
based
paint
hazard
means
any
condition
that
causes
exposure
to
lead
from
lead­
contaminated
dust,
lead­
contaminated
soil,
or
lead­
contaminated
paint
that
is
deteriorated
or
present
in
accessible
surfaces,
friction
surfaces,
or
impact
surfaces
that
would
result
in
adverse
human
health
effects
as
established
by
the
appropriate
Federal
agency.
Lessee
means
any
entity
that
enters
into
an
agreement
to
lease,
rent,
or
sublease
target
housing,
including
but
not
limited
to
individuals,
partnerships,
corporations,
trusts,
government
agencies,
housing
agencies,
Indian
tribes,
and
nonprofit
organizations.
Lessor
means
any
entity
that
offers
target
housing
for
lease,
rent,
or
sublease,
including
but
not
limited
to
individuals,
partnerships,
corporations,
trusts,
government
agencies,
housing
agencies,
Indian
tribes,
and
nonprofit
organizations.
Owner
means
any
entity
that
has
legal
title
to
target
housing,
including
but
not
limited
to
individuals,
partnerships,
corporations,
trusts,
government
agencies,
housing
agencies,
Indian
tribes,
and
nonprofit
organizations,
except
where
a
mortgagee
holds
legal
title
to
property
serving
as
collateral
for
a
mortgage
loan,
in
which
case
the
owner
would
be
the
mortgagor.
Purchaser
means
an
entity
that
enters
into
an
agreement
to
purchase
an
interest
in
target
housing,
including
but
not
limited
to
individuals,
partnerships,
corporations,
trusts,
government
agencies,
housing
agencies,
Indian
tribes,
and
nonprofit
organizations.
Reduction
means
measures
designed
to
reduce
or
eliminate
human
exposure
to
lead­
based
paint
hazards
through
methods
including
interim
controls
and
abatement.
Residential
dwelling
means:
(
1)
A
single­
family
dwelling,
including
attached
structures
such
as
porches
and
stoops;
or
(
2)
A
single­
family
dwelling
unit
in
a
structure
that
contains
more
than
one
separate
residential
dwelling
unit,
and
in
which
each
such
unit
is
used
or
occupied,
or
intended
to
be
used
or
occupied,
in
whole
or
in
part,
as
the
residence
of
one
or
more
persons.
Risk
assessment
means
an
on­
site
investigation
to
determine
and
report
the
existence,
nature,
severity,
and
location
of
lead­
based
paint
hazards
in
residential
dwellings,
including:
(
1)
Information
gathering
regarding
the
age
and
history
of
the
housing
and
occupancy
by
children
under
age
6;
(
2)
Visual
inspection;
(
3)
Limited
wipe
sampling
or
other
environmental
sampling
techniques;
(
4)
Other
activity
as
may
be
appropriate;
and
(
5)
Provision
of
a
report
explaining
the
results
of
the
investigation.
Secretary
means
the
Secretary
of
Housing
and
Urban
Development.
Seller
means
any
entity
that
transfers
legal
title
to
target
housing,
in
whole
or
in
part,
in
return
for
consideration,
including
but
not
limited
to
individuals,
partnerships,
corporations,
trusts,
government
agencies,
housing
agencies,
Indian
tribes,
and
nonprofit
organizations.
The
term
  
seller''
also
includes:
(
1)
An
entity
that
transfers
shares
in
a
cooperatively
owned
project,
in
return
for
consideration;
and
August
8,
2000
C
­
3
(
2)
An
entity
that
transfers
its
interest
in
a
leasehold,
in
jurisdictions
or
circumstances
where
it
is
legally
permissible
to
separate
the
fee
title
from
the
title
to
the
improvement,
in
return
for
consideration.
Target
housing
means
any
housing
constructed
prior
to
1978,
except
housing
for
the
elderly
or
persons
with
disabilities
(
unless
any
child
who
is
less
than
6
years
of
age
resides
or
is
expected
to
reside
in
such
housing)
or
any
0­
bedroom
dwelling.
TSCA
means
the
Toxic
Substances
Control
Act,
15
U.
S.
C.
2601.
0­
bedroom
dwelling
means
any
residential
dwelling
in
which
the
living
area
is
not
separated
from
the
sleeping
area.
The
term
includes
efficiencies,
studio
apartments,
dormitory
housing,
military
barracks,
and
rentals
of
individual
rooms
in
residential
dwellings.

Sec.
745.107
Disclosure
requirements
for
sellers
and
lessors.

(
a)
The
following
activities
shall
be
completed
before
the
purchaser
or
lessee
is
obligated
under
any
contract
to
purchase
or
lease
target
housing
that
is
not
otherwise
an
exempt
transaction
pursuant
to
Sec.
745.101.
Nothing
in
this
section
implies
a
positive
obligation
on
the
seller
or
lessor
to
conduct
any
evaluation
or
reduction
activities.
(
1)
The
seller
or
lessor
shall
provide
the
purchaser
or
lessee
with
an
EPA­
approved
lead
hazard
information
pamphlet.
Such
pamphlets
include
the
EPA
document
entitled
Protect
Your
Family
From
Lead
in
Your
Home
(
EPA
747­
K­
94­
001)
or
an
equivalent
pamphlet
that
has
been
approved
for
use
in
that
State
by
EPA.
(
2)
The
seller
or
lessor
shall
disclose
to
the
purchaser
or
lessee
the
presence
of
any
known
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
target
housing
being
sold
or
leased.
The
seller
or
lessor
shall
also
disclose
any
additional
information
available
concerning
the
known
lead­
based
paint
and/
or
lead­
based
paint
hazards,
such
as
the
basis
for
the
determination
that
lead­
based
paint
and/
or
lead­
based
paint
hazards
exist,
the
location
of
the
lead­
based
paint
and/
or
lead­
based
paint
hazards,
and
the
condition
of
the
painted
surfaces.
(
3)
The
seller
or
lessor
shall
disclose
to
each
agent
the
presence
of
any
known
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
target
housing
being
sold
or
leased
and
the
existence
of
any
available
records
or
reports
pertaining
to
lead­
based
paint
and/
or
lead­
based
paint
hazards.
The
seller
or
lessor
shall
also
disclose
any
additional
information
available
concerning
the
known
lead­
based
paint
and/
or
lead­
based
paint
hazards,
such
as
the
basis
for
the
determination
that
lead­
based
paint
and/
or
lead­
based
paint
hazards
exist,
the
location
of
the
lead­
based
paint
and/
or
lead­
based
paint
hazards,
and
the
condition
of
the
painted
surfaces.
(
4)
The
seller
or
lessor
shall
provide
the
purchaser
or
lessee
with
any
records
or
reports
available
to
the
seller
or
lessor
pertaining
to
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
target
housing
being
sold
or
leased.
This
requirement
includes
records
or
reports
regarding
common
areas.
This
requirement
also
includes
records
or
reports
regarding
other
residential
dwellings
in
multifamily
target
housing,
provided
that
such
information
is
part
of
an
evaluation
or
reduction
of
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
target
housing
as
a
whole.
(
b)
If
any
of
the
disclosure
activities
identified
in
paragraph
(
a)
of
this
section
occurs
after
the
purchaser
or
lessee
has
provided
an
offer
to
purchase
or
lease
the
housing,
the
seller
or
lessor
shall
complete
the
required
disclosure
activities
prior
to
accepting
the
purchaser's
or
lessee's
offer
and
allow
the
purchaser
or
lessee
an
opportunity
to
review
the
information
and
possibly
amend
the
offer.

Sec.
745.110
Opportunity
to
conduct
an
evaluation.

(
a)
Before
a
purchaser
is
obligated
under
any
contract
to
purchase
target
housing,
the
seller
shall
permit
the
purchaser
a
10­
day
period
(
unless
the
parties
mutually
agree,
in
writing,
upon
a
different
period
of
time)
to
conduct
a
risk
assessment
or
inspection
for
the
presence
of
lead­
based
paint
and/
or
lead­
based
paint
hazards.
(
b)
Not
withstanding
paragraph
(
a)
of
this
section,
a
purchaser
may
waive
the
opportunity
to
conduct
the
risk
assessment
or
inspection
by
so
indicating
in
writing.

Sec.
745.113
Certification
and
acknowledgment
of
disclosure.

(
a)
Seller
requirements.
Each
contract
to
sell
target
housing
shall
include
an
attachment
containing
the
following
elements,
in
the
language
of
the
contract
(
e.
g.,
English,
Spanish):
(
1)
A
Lead
Warning
Statement
consisting
of
the
following
language:

Every
purchaser
of
any
interest
in
residential
real
property
on
which
a
residential
dwelling
was
built
prior
to
1978
is
August
8,
2000
C
­
4
notified
that
such
property
may
present
exposure
to
lead
from
lead­
based
paint
that
may
place
young
children
at
risk
of
developing
lead
poisoning.
Lead
poisoning
in
young
children
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.
The
seller
of
any
interest
in
residential
real
property
is
required
to
provide
the
buyer
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.
A
risk
assessment
or
inspection
for
possible
lead­
based
paint
hazards
is
recommended
prior
to
purchase.

(
2)
A
statement
by
the
seller
disclosing
the
presence
of
known
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
target
housing
being
sold
or
indicating
no
knowledge
of
the
presence
of
lead­
based
paint
and/
or
lead­
based
paint
hazards.
The
seller
shall
also
provide
any
additional
information
available
concerning
the
known
lead­
based
paint
and/
or
lead­
based
paint
hazards,
such
as
the
basis
for
the
determination
that
lead­
based
paint
and/
or
lead­
based
paint
hazards
exist,
the
location
of
the
lead­
based
paint
and/
or
lead­
based
paint
hazards,
and
the
condition
of
the
painted
surfaces.
(
3)
A
list
of
any
records
or
reports
available
to
the
seller
pertaining
to
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
housing
that
have
been
provided
to
the
purchaser.
If
no
such
records
or
reports
are
available,
the
seller
shall
so
indicate.
(
4)
A
statement
by
the
purchaser
affirming
receipt
of
the
information
set
out
in
paragraphs
(
a)(
2)
and
(
a)(
3)
of
this
section
and
the
lead
hazard
information
pamphlet
required
under
15
U.
S.
C.
2696.
(
5)
A
statement
by
the
purchaser
that
he/
she
has
either:
(
i)
Received
the
opportunity
to
conduct
the
risk
assessment
or
inspection
required
by
Sec.
745.110(
a);
or
(
ii)
Waived
the
opportunity.
(
6)
When
one
or
more
agents
are
involved
in
the
transaction
to
sell
target
housing
on
behalf
of
the
seller,
a
statement
that:
(
i)
The
agent
has
informed
the
seller
of
the
seller's
obligations
under
42
U.
S.
C.
4852d;
and
(
ii)
The
agent
is
aware
of
his/
her
duty
to
ensure
compliance
with
the
requirements
of
this
subpart.
(
7)
The
signatures
of
the
sellers,
agents,
and
purchasers
certifying
to
the
accuracy
of
their
statements
to
the
best
of
their
knowledge,
along
with
the
dates
of
signature.
(
b)
Lessor
requirements.
Each
contract
to
lease
target
housing
shall
include,
as
an
attachment
or
within
the
contract,
the
following
elements,
in
the
language
of
the
contract
(
e.
g.,
English,
Spanish):
(
1)
A
Lead
Warning
Statement
with
the
following
language:

Housing
built
before
1978
may
contain
lead­
based
paint.
Lead
from
paint,
paint
chips,
and
dust
can
pose
health
hazards
if
not
managed
properly.
Lead
exposure
is
especially
harmful
to
young
children
and
pregnant
women.
Before
renting
pre­
1978
housing,
lessors
must
disclose
the
presence
of
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
dwelling.
Lessees
must
also
receive
a
federally
approved
pamphlet
on
lead
poisoning
prevention.

(
2)
A
statement
by
the
lessor
disclosing
the
presence
of
known
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
target
housing
being
leased
or
indicating
no
knowledge
of
the
presence
of
lead­
based
paint
and/
or
lead­
based
paint
hazards.
The
lessor
shall
also
disclose
any
additional
information
available
concerning
the
known
lead­
based
paint
and/
or
lead­
based
paint
hazards,
such
as
the
basis
for
the
determination
that
lead­
based
paint
and/
or
lead­
based
paint
hazards
exist,
the
location
of
the
lead­
based
paint
and/
or
lead­
based
paint
hazards,
and
the
condition
of
the
painted
surfaces.
(
3)
A
list
of
any
records
or
reports
available
to
the
lessor
pertaining
to
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
housing
that
have
been
provided
to
the
lessee.
If
no
such
records
or
reports
are
available,
the
lessor
shall
so
indicate.
(
4)
A
statement
by
the
lessee
affirming
receipt
of
the
information
set
out
in
paragraphs
(
b)(
2)
and
(
b)(
3)
of
this
section
and
the
lead
hazard
information
pamphlet
required
under
15
U.
S.
C.
2696.
(
5)
When
one
or
more
agents
are
involved
in
the
transaction
to
lease
target
housing
on
behalf
of
the
lessor,
a
statement
that:
(
i)
The
agent
has
informed
the
lessor
of
the
lessor
as
obligations
under
42
U.
S.
C.
4852d;
and
(
ii)
The
agent
is
aware
of
his/
her
duty
to
ensure
compliance
with
the
requirements
of
this
subpart.
(
6)
The
signatures
of
the
lessors,
agents,
and
lessees,
certifying
to
the
accuracy
of
their
statements,
to
the
best
of
their
knowledge,
along
with
the
dates
of
signature.
(
c)
Retention
of
Certification
and
Acknowledgment
Information.
(
1)
The
seller,
and
any
agent,
shall
retain
a
copy
of
the
completed
attachment
required
under
paragraph
(
a)
of
this
section
for
no
less
than
3
years
from
the
completion
date
of
the
sale.
The
lessor,
and
any
agent,
shall
retain
a
copy
of
the
August
8,
2000
C
­
5
completed
attachment
or
lease
contract
containing
the
information
required
under
paragraph
(
b)
of
this
section
for
no
less
than
3
years
from
the
commencement
of
the
leasing
period.
(
2)
This
recordkeeping
requirement
is
not
intended
to
place
any
limitations
on
civil
suits
under
the
Act,
or
to
otherwise
affect
a
lessee's
or
purchaser's
rights
under
the
civil
penalty
provisions
of
42
U.
S.
C.
4852d(
b)(
3).
(
d)
The
seller,
lessor,
or
agent
shall
not
be
responsible
for
the
failure
of
a
purchaser's
or
lessee's
legal
representative
(
where
such
representative
receives
all
compensation
from
the
purchaser
or
lessee)
to
transmit
disclosure
materials
to
the
purchaser
or
lessee,
provided
that
all
required
parties
have
completed
and
signed
the
necessary
certification
and
acknowledgment
language
required
under
paragraphs
(
a)
and
(
b)
of
this
section.

Sec.
745.115
Agent
responsibilities.

(
a)
Each
agent
shall
ensure
compliance
with
all
requirements
of
this
subpart.
To
ensure
compliance,
the
agent
shall:
(
1)
Inform
the
seller
or
lessor
of
his/
her
obligations
under
Secs.
745.107,
745.110,
and
745.113.
(
2)
Ensure
that
the
seller
or
lessor
has
performed
all
activities
required
under
Secs.
745.107,
745.110,
and
745.113,
or
personally
ensure
compliance
with
the
requirements
of
Secs.
745.107,
745.110,
and
745.113.
(
b)
If
the
agent
has
complied
with
paragraph
(
a)(
1)
of
this
section,
the
agent
shall
not
be
liable
for
the
failure
to
disclose
to
a
purchaser
or
lessee
the
presence
of
lead­
based
paint
and/
or
lead­
based
paint
hazards
known
by
a
seller
or
lessor
but
not
disclosed
to
the
agent.

Sec.
745.118
Enforcement.

(
a)
Any
person
who
knowingly
fails
to
comply
with
any
provision
of
this
subpart
shall
be
subject
to
civil
monetary
penalties
in
accordance
with
the
provisions
of
42
U.
S.
C.
3545
and
24
CFR
part
30.
(
b)
The
Secretary
is
authorized
to
take
such
action
as
may
be
necessary
to
enjoin
any
violation
of
this
subpart
in
the
appropriate
Federal
district
court.
(
c)
Any
person
who
knowingly
violates
the
provisions
of
this
subpart
shall
be
jointly
and
severally
liable
to
the
purchaser
or
lessee
in
an
amount
equal
to
3
times
the
amount
of
damages
incurred
by
such
individual.
(
d)
In
any
civil
action
brought
for
damages
pursuant
to
42
U.
S.
C.
4852d(
b)(
3),
the
appropriate
court
may
award
court
costs
to
the
party
commencing
such
action,
together
with
reasonable
attorney
fees
and
any
expert
witness
fees,
if
that
party
prevails.
(
e)
Failure
or
refusal
to
comply
with
Sec.
745.107
(
disclosure
requirements
for
sellers
and
lessors),
Sec.
745.110
(
opportunity
to
conduct
an
evaluation),
Sec.
745.113
(
certification
and
acknowledgment
of
disclosure),
or
Sec.
745.115
(
agent
responsibilities)
is
a
violation
of
42
U.
S.
C.
4852d(
b)(
5)
and
of
TSCA
section
409
(
15
U.
S.
C.
2689).
(
f)
Violators
may
be
subject
to
civil
and
criminal
sanctions
pursuant
to
TSCA
section
16
(
15
U.
S.
C.
2615)
for
each
violation.
For
purposes
of
enforcing
this
subpart,
the
penalty
for
each
violation
applicable
under
15
U.
S.
C.
2615
shall
not
be
more
than
$
11,000
for
all
violations
occurring
after
July
28,
1997;
all
violations
occurrng
on
or
prior
to
that
date
are
subject
to
a
penalty
not
more
than
$
10,000.

[
61
FR
9085,
Mar.
6,
1996,
as
amended
at
62
FR
35041,
June
27,
1997]

Sec.
745.119
Impact
on
State
and
local
requirements.

Nothing
in
this
subpart
shall
relieve
a
seller,
lessor,
or
agent
from
any
responsibility
for
compliance
with
State
or
local
laws,
ordinances,
codes,
or
regulations
governing
notice
or
disclosure
of
known
lead­
based
paint
or
lead­
based
paint
hazards.
Neither
HUD
nor
EPA
assumes
any
responsibility
for
ensuring
compliance
with
such
State
or
local
requirements.
August
8,
2000
D
­
1
ATTACHMENT
D
Department
of
Housing
and
Urban
Development
Regulations
24
CFR
35,
Subpart
H
TITLE
24­­
HOUSING
AND
URBAN
DEVELOPMENT
PART
35­­
LEAD­
BASED
PAINT
POISONING
PREVENTION
IN
CERTAIN
RESIDENTIAL
STRUCTURES
Subpart
H­­
Disclosure
of
Known
Lead­
Based
Paint
and/
or
Lead­
Based
Paint
Hazards
Upon
Sale
or
Lease
of
Residential
Property
Sec.
35.80
Purpose.

This
subpart
implements
the
provisions
of
42
U.
S.
C.
4852d,
which
impose
certain
requirements
on
the
sale
or
lease
of
target
housing.
Under
this
subpart,
a
seller
or
lessor
of
target
housing
shall
disclose
to
the
purchaser
or
lessee
the
presence
of
any
known
lead­
based
paint
and/
or
lead­
based
paint
hazards;
provide
available
records
and
reports;
provide
the
purchaser
or
lessee
with
a
lead
hazard
information
pamphlet;
give
purchasers
a
10­
day
opportunity
to
conduct
a
risk
assessment
or
inspection;
and
attach
specific
disclosure
and
warning
language
to
the
sales
or
leasing
contract
before
the
purchaser
or
lessee
is
obligated
under
a
contract
to
purchase
or
lease
target
housing.

Sec.
35.82
Scope
and
applicability.

This
subpart
applies
to
all
transactions
to
sell
or
lease
target
housing,
including
subleases,
with
the
exception
of
the
following:
(
a)
Sales
of
target
housing
at
foreclosure.
(
b)
Leases
of
target
housing
that
have
been
found
to
be
lead­
based
paint
free
by
an
inspector
certified
under
the
Federal
certification
program
or
under
a
federally
accredited
State
or
tribal
certification
program.
Until
a
Federal
certification
program
or
federally
accredited
State
certification
program
is
in
place
within
the
State,
inspectors
shall
be
considered
qualified
to
conduct
an
inspection
for
this
purpose
if
they
have
received
certification
under
any
existing
State
or
tribal
inspector
certification
program.
The
lessor
has
the
option
of
using
the
results
of
additional
test(
s)
by
a
certified
inspector
to
confirm
or
refute
a
prior
finding.
(
c)
Short­
term
leases
of
100
days
or
less,
where
no
lease
renewal
or
extension
can
occur.
(
d)
Renewals
of
existing
leases
in
target
housing
in
which
the
lessor
has
previously
disclosed
all
information
required
under
Sec.
35.88
and
where
no
new
information
described
in
Sec.
35.88
has
come
into
the
possession
of
the
lessor.
For
the
purposes
of
this
paragraph,
renewal
shall
include
both
renegotiation
of
existing
lease
terms
and/
or
ratification
of
a
new
lease.

Sec.
35.84
Effective
dates.

The
requirements
in
this
subpart
take
effect
in
the
following
manner:
(
a)
For
owners
of
more
than
four
residential
dwellings,
the
requirements
shall
take
effect
on
September
6,
1996.
(
b)
For
owners
of
one
to
four
residential
dwellings,
the
requirements
shall
take
effect
on
December
6,
1996.

Sec.
35.86
Definitions.

The
following
definitions
apply
to
this
subpart.
The
Act
means
the
Residential
Lead­
Based
Paint
Hazard
Reduction
Act
of
1992,
42
U.
S.
C.
4852d.
Agent
means
any
party
who
enters
into
a
contract
with
a
seller
or
lessor,
including
any
party
who
enters
into
a
contract
with
a
representative
of
the
seller
or
lessor,
for
the
purpose
of
selling
or
leasing
target
housing.
This
term
does
not
apply
to
purchasers
or
any
purchaser's
representative
who
receives
all
compensation
from
the
purchaser.
Available
means
in
the
possession
of
or
reasonably
obtainable
by
the
seller
or
lessor
at
the
time
of
the
disclosure.
Common
area
means
a
portion
of
a
building
generally
accessible
to
all
residents/
users
including,
but
not
limited
to,
hallways,
stairways,
laundry
and
recreational
rooms,
playgrounds,
community
centers,
and
boundary
fences.
Contract
for
the
purchase
and
sale
of
residential
real
property
means
any
contract
or
agreement
in
which
one
party
August
8,
2000
D
­
2
agrees
to
purchase
an
interest
in
real
property
on
which
there
is
situated
one
or
more
residential
dwellings
used
or
occupied,
or
intended
to
be
used
or
occupied,
in
whole
or
in
part,
as
the
home
or
residence
of
one
or
more
persons.
EPA
means
the
Environmental
Protection
Agency.
Evaluation
means
a
risk
assessment
and/
or
inspection.
Foreclosure
means
any
of
the
various
methods,
statutory
or
otherwise,
known
in
different
jurisdictions,
of
enforcing
payment
of
a
debt,
by
the
taking
and
selling
of
real
property.
Housing
for
the
elderly
means
retirement
communities
or
similar
types
of
housing
reserved
for
households
composed
of
one
or
more
persons
62
years
of
age
or
more
at
the
time
of
initial
occupancy.
Inspection
means:
(
1)
A
surface­
by­
surface
investigation
to
determine
the
presence
of
lead­
based
paint
as
provided
in
section
302(
c)
of
the
Lead­
Based
Paint
Poisoning
and
Prevention
Act
[
42
U.
S.
C.
4822],
and
(
2)
The
provision
of
a
report
explaining
the
results
of
the
investigation.
Lead­
based
paint
means
paint
or
other
surface
coatings
that
contain
lead
equal
to
or
in
excess
of
1.0
milligram
per
square
centimeter
or
0.5
percent
by
weight.
Lead­
based
paint
free
housing
means
target
housing
that
has
been
found
to
be
free
of
paint
or
other
surface
coatings
that
contain
lead
equal
to
or
in
excess
of
1.0
milligram
per
square
centimeter
or
0.5
percent
by
weight.
Lead­
based
paint
hazard
means
any
condition
that
causes
exposure
to
lead
from
lead­
contaminated
dust,
lead­
contaminated
soil,
or
lead­
contaminated
paint
that
is
deteriorated
or
present
in
accessible
surfaces,
friction
surfaces,
or
impact
surfaces
that
would
result
in
adverse
human
health
effects
as
established
by
the
appropriate
Federal
agency.
Lessee
means
any
entity
that
enters
into
an
agreement
to
lease,
rent,
or
sublease
target
housing,
including
but
not
limited
to
individuals,
partnerships,
corporations,
trusts,
government
agencies,
housing
agencies,
Indian
tribes,
and
nonprofit
organizations.
Lessor
means
any
entity
that
offers
target
housing
for
lease,
rent,
or
sublease,
including
but
not
limited
to
individuals,
partnerships,
corporations,
trusts,
government
agencies,
housing
agencies,
Indian
tribes,
and
nonprofit
organizations.
Owner
means
any
entity
that
has
legal
title
to
target
housing,
including
but
not
limited
to
individuals,
partnerships,
corporations,
trusts,
government
agencies,
housing
agencies,
Indian
tribes,
and
nonprofit
organizations,
except
where
a
mortgagee
holds
legal
title
to
property
serving
as
collateral
for
a
mortgage
loan,
in
which
case
the
owner
would
be
the
mortgagor.
Purchaser
means
an
entity
that
enters
into
an
agreement
to
purchase
an
interest
in
target
housing,
including
but
not
limited
to
individuals,
partnerships,
corporations,
trusts,
government
agencies,
housing
agencies,
Indian
tribes,
and
nonprofit
organizations.
Reduction
means
measures
designed
to
reduce
or
eliminate
human
exposure
to
lead­
based
paint
hazards
through
methods
including
interim
controls
and
abatement.
Residential
dwelling
means:
(
1)
A
single­
family
dwelling,
including
attached
structures
such
as
porches
and
stoops;
or
(
2)
A
single­
family
dwelling
unit
in
a
structure
that
contains
more
than
one
separate
residential
dwelling
unit,
and
in
which
each
such
unit
is
used
or
occupied,
or
intended
to
be
used
or
occupied,
in
whole
or
in
part,
as
the
residence
of
one
or
more
persons.
Risk
assessment
means
an
on­
site
investigation
to
determine
and
report
the
existence,
nature,
severity,
and
location
of
lead­
based
paint
hazards
in
residential
dwellings,
including:
(
1)
Information
gathering
regarding
the
age
and
history
of
the
housing
and
occupancy
by
children
under
age
6;
(
2)
Visual
inspection;
(
3)
Limited
wipe
sampling
or
other
environmental
sampling
techniques;
(
4)
Other
activity
as
may
be
appropriate;
and
(
5)
Provision
of
a
report
explaining
the
results
of
the
investigation.
Seller
means
any
entity
that
transfers
legal
title
to
target
housing,
in
whole
or
in
part,
in
return
for
consideration,
including
but
not
limited
to
individuals,
partnerships,
corporations,
trusts,
government
agencies,
housing
agencies,
Indian
tribes,
and
nonprofit
organizations.
The
term
  
seller''
also
includes:
(
1)
An
entity
that
transfers
shares
in
a
cooperatively
owned
project,
in
return
for
consideration;
and
(
2)
An
entity
that
transfers
its
interest
in
a
leasehold,
in
jurisdictions
or
circumstances
where
it
is
legally
permissible
to
separate
the
fee
title
from
the
title
to
the
improvement,
in
return
for
consideration.
Target
housing
means
any
housing
constructed
prior
to
1978,
except
housing
for
the
elderly
or
persons
with
disabilities
(
unless
any
child
who
is
less
than
6
years
of
age
resides
or
is
expected
to
reside
in
such
housing)
or
any
0­
bedroom
dwelling.
TSCA
means
the
Toxic
Substances
Control
Act,
15
U.
S.
C.
2601.
August
8,
2000
D
­
3
0­
bedroom
dwelling
means
any
residential
dwelling
in
which
the
living
area
is
not
separated
from
the
sleeping
area.
The
term
includes
efficiencies,
studio
apartments,
dormitory
housing,
military
barracks,
and
rentals
of
individual
rooms
in
residential
dwellings.

Sec.
35.88
Disclosure
requirements
for
sellers
and
lessors.

(
a)
The
following
activities
shall
be
completed
before
the
purchaser
or
lessee
is
obligated
under
any
contract
to
purchase
or
lease
target
housing
that
is
not
otherwise
an
exempt
transaction
pursuant
to
Sec.
35.82.
Nothing
in
this
section
implies
a
positive
obligation
on
the
seller
or
lessor
to
conduct
any
evaluation
or
reduction
activities.
(
1)
The
seller
or
lessor
shall
provide
the
purchaser
or
lessee
with
an
EPA­
approved
lead
hazard
information
pamphlet.
Such
pamphlets
include
the
EPA
document
entitled
Protect
Your
Family
From
Lead
in
Your
Home
(
EPA
­
747­
K­
94­
001)
or
an
equivalent
pamphlet
that
has
been
approved
for
use
in
that
State
by
EPA.
(
2)
The
seller
or
lessor
shall
disclose
to
the
purchaser
or
lessee
the
presence
of
any
known
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
target
housing
being
sold
or
leased.
The
seller
or
lessor
shall
also
disclose
any
additional
information
available
concerning
the
known
lead­
based
paint
and/
or
lead­
based
paint
hazards,
such
as
the
basis
for
the
determination
that
lead­
based
paint
and/
or
lead­
based
paint
hazards
exist,
the
location
of
the
lead­
based
paint
and/
or
lead­
based
paint
hazards,
and
the
condition
of
the
painted
surfaces.
(
3)
The
seller
or
lessor
shall
disclose
to
each
agent
the
presence
of
any
known
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
target
housing
being
sold
or
leased
and
the
existence
of
any
available
records
or
reports
pertaining
to
lead­
based
paint
and/
or
lead­
based
paint
hazards.
The
seller
or
lessor
shall
also
disclose
any
additional
information
available
concerning
the
known
lead­
based
paint
and/
or
lead­
based
paint
hazards,
such
as
the
basis
for
the
determination
that
lead­
based
paint
and/
or
lead­
based
paint
hazards
exist,
the
location
of
the
lead­
based
paint
and/
or
lead­
based
paint
hazards,
and
the
condition
of
the
painted
surfaces.
(
4)
The
seller
or
lessor
shall
provide
the
purchaser
or
lessee
with
any
records
or
reports
available
to
the
seller
or
lessor
pertaining
to
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
target
housing
being
sold
or
leased.
This
requirement
includes
records
and
reports
regarding
common
areas.
This
requirement
also
includes
records
and
reports
regarding
other
residential
dwellings
in
multifamily
target
housing,
provided
that
such
information
is
part
of
an
evaluation
or
reduction
of
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
target
housing
as
a
whole.
(
b)
If
any
of
the
disclosure
activities
identified
in
paragraph
(
a)
of
this
section
occurs
after
the
purchaser
or
lessee
has
provided
an
offer
to
purchase
or
lease
the
housing,
the
seller
or
lessor
shall
complete
the
required
disclosure
activities
prior
to
accepting
the
purchaser's
or
lessee's
offer
and
allow
the
purchaser
or
lessee
an
opportunity
to
review
the
information
and
possibly
amend
the
offer.

(
Approved
by
the
Office
of
Management
and
Budget
under
control
number
2070­
0151)

[
61
FR
9082,
Mar.
6,
1996,
as
amended
at
64
FR
14382,
Mar.
25,
1999]

Sec.
35.90
Opportunity
to
conduct
an
evaluation.

(
a)
Before
a
purchaser
is
obligated
under
any
contract
to
purchase
target
housing,
the
seller
shall
permit
the
purchaser
a
10­
day
period
(
unless
the
parties
mutually
agree,
in
writing,
upon
a
different
period
of
time)
to
conduct
a
risk
assessment
or
inspection
for
the
presence
of
lead­
based
paint
and/
or
lead­
based
paint
hazards.
(
b)
Notwithstanding
paragraph
(
a)
of
this
section,
a
purchaser
may
waive
the
opportunity
to
conduct
the
risk
assessment
or
inspection
by
so
indicating
in
writing.

(
Approved
by
the
Office
of
Management
and
Budget
under
control
number
2070­
0151)
61
FR
9082,
Mar.
6,
1996,
as
amended
at
64
FR
14382,
Mar.
25,
1999]

Sec.
35.92
Certification
and
acknowledgment
of
disclosure.

(
a)
Seller
requirements.
Each
contract
to
sell
target
housing
shall
include
an
attachment
containing
the
following
elements,
in
the
language
of
the
contract
(
e.
g.,
English,
Spanish):
(
1)
A
Lead
Warning
Statement
consisting
of
the
following
language:

Every
purchaser
of
any
interest
in
residential
real
property
on
which
a
residential
dwelling
was
built
prior
to
1978
is
August
8,
2000
D
­
4
notified
that
such
property
may
present
exposure
to
lead
from
lead­
based
paint
that
may
place
young
children
at
risk
of
developing
lead
poisoning.
Lead
poisoning
in
young
children
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.
The
seller
of
any
interest
in
residential
real
property
is
required
to
provide
the
buyer
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.
A
risk
assessment
or
inspection
for
possible
lead­
based
paint
hazards
is
recommended
prior
to
purchase.

(
2)
A
statement
by
the
seller
disclosing
the
presence
of
known
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
target
housing
being
sold
or
indicating
no
knowledge
of
the
presence
of
lead­
based
paint
and/
or
lead­
based
paint
hazards.
The
seller
shall
also
provide
any
additional
information
available
concerning
the
known
lead­
based
paint
and/
or
lead­
based
paint
hazards,
such
as
the
basis
for
the
determination
that
lead­
based
paint
and/
or
lead­
based
paint
hazards
exist,
the
location
of
the
lead­
based
paint
and/
or
lead­
based
paint
hazards,
and
the
condition
of
the
painted
surfaces.
(
3)
A
list
of
any
records
or
reports
available
to
the
seller
pertaining
to
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
housing
that
have
been
provided
to
the
purchaser.
If
no
such
records
or
reports
are
available,
the
seller
shall
so
indicate.
(
4)
A
statement
by
the
purchaser
affirming
receipt
of
the
information
set
out
in
paragraphs
(
a)(
2)
and
(
a)(
3)
of
this
section
and
the
lead
hazard
information
pamphlet
required
under
section
15
U.
S.
C.
2696.
(
5)
A
statement
by
the
purchaser
that
he/
she
has
either:
(
i)
Received
the
opportunity
to
conduct
the
risk
assessment
or
inspection
required
by
Sec.
35.90(
a);
or
(
ii)
Waived
the
opportunity.
(
6)
When
any
agent
is
involved
in
the
transaction
to
sell
target
housing
on
behalf
of
the
seller,
a
statement
that:
(
i)
The
agent
has
informed
the
seller
of
the
seller's
obligations
under
42
U.
S.
C.
4852d;
and
(
ii)
The
agent
is
aware
of
his/
her
duty
to
ensure
compliance
with
the
requirements
of
this
subpart.
(
7)
The
signatures
of
the
sellers,
agents,
and
purchasers,
certifying
to
the
accuracy
of
their
statements,
to
the
best
of
their
knowledge,
along
with
the
dates
of
signature.
(
b)
Lessor
requirements.
Each
contract
to
lease
target
housing
shall
include,
as
an
attachment
or
within
the
contract,
the
following
elements,
in
the
language
of
the
contract
(
e.
g.,
English,
Spanish):
(
1)
A
Lead
Warning
Statement
with
the
following
language:

Housing
built
before
1978
may
contain
lead­
based
paint.
Lead
from
paint,
paint
chips,
and
dust
can
pose
health
hazards
if
not
managed
properly.
Lead
exposure
is
especially
harmful
to
young
children
and
pregnant
women.
Before
renting
pre­
1978
housing,
lessors
must
disclose
the
presence
of
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
dwelling.
Lessees
must
also
receive
a
federally
approved
pamphlet
on
lead
poisoning
prevention.

(
2)
A
statement
by
the
lessor
disclosing
the
presence
of
known
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
target
housing
being
leased
or
indicating
no
knowledge
of
the
presence
of
lead­
based
paint
and/
or
lead­
based
paint
hazards.
The
lessor
shall
also
disclose
any
additional
information
available
concerning
the
known
lead­
based
paint
and/
or
lead­
based
paint
hazards,
such
as
the
basis
for
the
determination
that
lead­
based
paint
and/
or
lead­
based
paint
hazards
exist
in
the
housing,
the
location
of
the
lead­
based
paint
and/
or
lead­
based
paint
hazards,
and
the
condition
of
the
painted
surfaces.
(
3)
A
list
of
any
records
or
reports
available
to
the
lessor
pertaining
to
lead­
based
paint
and/
or
lead­
based
paint
hazards
in
the
housing
that
have
been
provided
to
the
lessee.
If
no
such
records
or
reports
are
available,
the
lessor
shall
so
indicate.
(
4)
A
statement
by
the
lessee
affirming
receipt
of
the
information
set
out
in
paragraphs
(
b)(
2)
and
(
b)(
3)
of
this
section
and
the
lead
hazard
information
pamphlet
required
under
15
U.
S.
C.
2696.
(
5)
When
any
agent
is
involved
in
the
transaction
to
lease
target
housing
on
behalf
of
the
lessor,
a
statement
that:
(
i)
The
agent
has
informed
the
lessor
of
the
lessor's
obligations
under
42
U.
S.
C.
4852d;
and
(
ii)
The
agent
is
aware
of
his/
her
duty
to
ensure
compliance
with
the
requirements
of
this
subpart.
(
6)
The
signatures
of
the
lessors,
agents,
and
lessees
certifying
to
the
accuracy
of
their
statements
to
the
best
of
their
knowledge,
along
with
the
dates
of
signature.
(
c)
Retention
of
certification
and
acknowledgment
information.
(
1)
The
seller,
and
any
agent,
shall
retain
a
copy
of
the
completed
attachment
required
under
paragraph
(
a)
of
this
section
for
no
less
than
3
years
from
the
completion
date
of
the
sale.
The
lessor,
and
any
agent,
shall
retain
a
copy
of
the
completed
attachment
or
lease
contract
containing
the
August
8,
2000
D
­
5
information
required
under
paragraph
(
b)
of
this
section
for
no
less
than
3
years
from
the
commencement
of
the
leasing
period.
(
2)
This
recordkeeping
requirement
is
not
intended
to
place
any
limitations
on
civil
suits
under
the
Act,
or
to
otherwise
affect
a
lessee's
or
purchaser's
rights
under
the
civil
penalty
provisions
of
42
U.
S.
C.
4852d(
b)(
3).
(
d)
The
seller,
lessor,
or
agent
shall
not
be
responsible
for
the
failure
of
a
purchaser's
or
lessee's
legal
representative
(
where
such
representative
receives
all
compensation
from
the
purchaser
or
lessee)
to
transmit
disclosure
materials
to
the
purchaser
or
lessee,
provided
that
all
required
parties
have
completed
and
signed
the
necessary
certification
and
acknowledgment
language
required
under
paragraphs
(
a)
and
(
b)
of
this
section.

(
Approved
by
the
Office
of
Management
and
Budget
under
control
number
2070­
0151)

[
61
FR
9082,
Mar.
6,
1996,
as
amended
at
64
FR
14382,
Mar.
25,
1999]

Sec.
35.94
Agent
responsibilities.

(
a)
Each
agent
shall
ensure
compliance
with
all
requirements
of
this
subpart.
To
ensure
compliance,
the
agent
shall:
(
1)
Inform
the
seller
or
lessor
of
his/
her
obligations
under
Secs.
35.88,
35.90,
and
35.92.
(
2)
Ensure
that
the
seller
or
lessor
has
performed
all
activities
required
under
Secs.
35.88,
35.90,
and
35.92,
or
personally
ensure
compliance
with
the
requirements
of
Secs.
35.88,
35.90,
and
35.92.
(
b)
If
the
agent
has
complied
with
paragraph
(
a)(
1)
of
this
section,
the
agent
shall
not
be
liable
for
the
failure
to
disclose
to
a
purchaser
or
lessee
the
presence
of
lead­
based
paint
and/
or
lead­
based
paint
hazards
known
by
a
seller
or
lessor
but
not
disclosed
to
the
agent.

(
Approved
by
the
Office
of
Management
and
Budget
under
control
number
2070­
0151)

[
61
FR
9082,
Mar.
6,
1996,
as
amended
at
64
FR
14382,
Mar.
25,
1999]

Sec.
35.96
Enforcement.

(
a)
Any
person
who
knowingly
fails
to
comply
with
any
provision
of
this
subpart
shall
be
subject
to
civil
monetary
penalties
in
accordance
with
the
provisions
of
42
U.
S.
C.
3545
and
24
CFR
part
30.
(
b)
The
Secretary
is
authorized
to
take
such
action
as
may
be
necessary
to
enjoin
any
violation
of
this
subpart
in
the
appropriate
Federal
district
court.
(
c)
Any
person
who
knowingly
violates
the
provisions
of
this
subpart
shall
be
jointly
and
severally
liable
to
the
purchaser
or
lessee
in
an
amount
equal
to
3
times
the
amount
of
damages
incurred
by
such
individual.
(
d)
In
any
civil
action
brought
for
damages
pursuant
to
42
U.
S.
C.
4852d(
b)(
3),
the
appropriate
court
may
award
court
costs
to
the
party
commencing
such
action,
together
with
reasonable
attorney
fees
and
any
expert
witness
fees,
if
that
party
prevails.
(
e)
Failure
or
refusal
to
comply
with
Secs.
35.88
(
disclosure
requirements
for
sellers
and
lessors),
Sec.
35.90
(
opportunity
to
conduct
an
evaluation),
Sec.
35.92
(
certification
and
acknowledgment
of
disclosure),
or
Sec.
35.94
(
agent
responsibilities)
is
a
violation
of
42
U.
S.
C.
4852d(
b)(
5)
and
of
TSCA
section
409
(
15
U.
S.
C.
2689).
(
f)
Violators
may
be
subject
to
civil
and
criminal
sanctions
pursuant
to
TSCA
section
16
(
15
U.
S.
C.
2615)
for
each
violation.
For
purposes
of
enforcing
this
subpart,
the
penalty
for
each
violation
applicable
under
15
U.
S.
C.
2615
shall
be
not
more
than
$
10,000.

Sec.
35.98
Impact
on
State
and
local
requirements.

Nothing
in
this
subpart
shall
relieve
a
seller,
lessor,
or
agent
from
any
responsibility
for
compliance
with
State
or
local
laws,
ordinances,
codes,
or
regulations
governing
notice
or
disclosure
of
known
lead­
based
paint
and/
or
lead­
based
paint
hazards.
Neither
HUD
nor
EPA
assumes
any
responsibility
for
ensuring
compliance
with
such
State
or
local
requirements.
August
8,
2000
E
­
1
ATTACHMENT
E
Lead
Pamphlet
For
an
electronic
copy
of
this
pamphlet,
available
in
multiple
languages,
go
to
http://
www.
epa.
gov/
lead/
leadbase.
htm.
August
8,
2000
F
­
1
ATTACHMENT
F
Sample
Disclosure
Statements
For
an
electronic
copy
of
this
sample
form
­
available
in
English
and
Spanish,
go
to
http://
www.
epa.
gov/
lead/
leadbase.
htm.
August
8,
2000
G
­
1
ATTACHMENT
G
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
64
FR
19772,
April
22,
1999
For
an
electronic
copy
of
this
FR
document
go
to
http://
www.
epa.
gov/
fedrgstr/
EPA­
TOX/
1999/
April/
Day­
22/
t10238.
htm.
