GOVERNMENT OF THE DISTRICT OF COLUMBIA

Transcription

1 GOVERNMENT OF THE DISTRICT OF COLUMBIA INSTRUCTIONS FOR 917 LEAD DISCLOSURE FORM IN THE DISTRICT OF COLUMBIA This disclsure frm is intended t satisfy Federal disclsure requirements under 42 U.S.C. 4852d, as well as the District f Clumbia s lcally required disclsure requirements under D.C. Official Cde and Under bth Federal and District law, lead disclsure must ccur befre a tenant r purchaser f a pre-1978 residential prperty is bligated t lease r buy the prperty. NOTE: There are sme imprtant differences between the Federal disclsure requirements and the District s disclsure requirements. Nt all f these differences can be recnciled in the District s Lead Disclsure Frm. Accrdingly, it is vitally imprtant that yu read these instructins carefully, s that yu remain in cmpliance with bth Federal and District law pertaining t lead disclsure. I. WHAT THE DISTRICT S LEAD DISCLOSURE FORM PROVIDES The District s Lead Disclsure Frm prvides: The Lead Warning Statement that Federal law requires; Ntice that any lead-related recrds r reprts must be made available t the prspective tenant r purchaser, as required by bth Federal and District law; Rm fr the wner t list relevant details abut the lcatin f any knwn lead-based paint; Rm fr the wner t list relevant details abut the lcatin f lead-based paint hazards that the wner reasnably shuld knw abut; and Rm fr the wner t list any pending actins related t the prperty that have been rdered by a District agency. II. KEY DIFFERENCES BETWEEN THE DISTRICT LAW AND FEDERAL LAW The District s lead law s definitin f a lead-based paint hazard is different frm the Federal definitin f the same term. The District s definitin f the term includes additinal cnditins that cnstitute a lead-based paint hazard, meaning it is stricter than the Federal definitin. Owners wh use the District s Lead Disclsure Frm t meet the District s requirement fr disclsure must use the District law s definitin f lead-based paint hazard when cmpleting the frm. T help wners cmplete the frm crrectly, that definitin is included n the frm itself, as is the District s definitin f the term presumed lead-based paint, anther key term t understand when cmpleting the frm. Illustratin: If an wner knws that there is peeling paint n their pre-1978 residential prperty, that paint is presumed by District law t be 1

2 lead-based paint, and because the paint is in deterirated cnditin, it is a lead-based paint hazard under District law and must be listed as such n the District s Lead Disclsure Frm. District law requires the wner t disclse infrmatin related t the prperty abut the presence f lead-based paint, lead-based paint hazards, and any pending actins rdered by a District agency, whenever such infrmatin is reasnably knwn t the wner. In cntrast, Federal law nly requires infrmatin abut the presence f knwn lead-based paint and/r lead-based paint hazards t be disclsed. In ther wrds, the District s requirements are stricter than the Federal requirements, regarding what the wner must disclse. T satisfy District law, an wner must nt nly disclse what they actually knw abut the presence f lead-based paint and/r lead-based paint hazards n their prperty, but they must als disclse what it is reasnable fr them t knw abut such presence. Illustratin: If an wner has nt given his r her pre prperty a new cat f paint in the past twenty years, it is reasnable fr the wner t knw that the paint is n lnger in intact cnditin. Therefre, the wner must disclse that lead-based paint hazards are present n the interir and/r the exterir f the prperty, in the frm f deterirated presumed lead-based paint. The Federal disclsure requirements apply t target husing, a smaller categry f husing than District law applies t. Target husing is a term that means pre-1978 residential prperties, but that excludes husing fr the elderly r persns with disabilities (unless any child wh is less than 6 years f age resides r is expected t reside in such husing) r any 0-bedrm dwelling [which are dwellings in which the living area is nt separated frm the sleeping area, such as efficiencies, studi apartments, drmitries, military barracks, and rentals f individual rms in residential dwellings]. In cntrast, the District s disclsure requirements apply t pre-1978 dwelling units, which is a term that means a rm r a grup f rms that frm a single independent habitable unit fr permanent ccupatin by ne r mre individuals, that has living facilities with permanent prvisins fr living, sleeping, eating, and sanitatin. The District has the same exceptin as the Federal exceptin, with respect t husing fr the elderly r designated exclusively fr persns with disabilities that des nt cntain a child under 6 years f age, and the fllwing additinal 3 exceptins: [1] A unit within a htel, mtel, r seasnal r transient facility, unless such unit is r will be ccupied by a persn at risk fr a perid exceeding 30 days; [2] an area within the dwelling unit that is secured and accessible nly t authrized persnnel; [and 3] an unccupied dwelling unit that is t be demlished, prvided that the dwelling unit will remain unccupied until demlitin. Nte that the Federal exceptin fr 0-bedrm dwelling is nt an exceptin under District law. Key pint: if yu are submitting the District s Lead Disclsure Frm with the intent t satisfy bth Federal and District disclsure requirements, an initial exemptin frm the requirement f submitting the frm in cases invlving pre-1978 residential husing is the ne having t d with husing designated fr the elderly r fr the disabled. Bth Federal and District law require the wner t submit a cmpleted Lead Disclsure Frm prir t the purchaser r tenant being bligated under a cntract t purchase r lease the dwelling unit. Hwever, Federal law and District law have different exceptins that apply, in additin 2

3 t the abve-mentined initial exemptin, and they can als exempt the wner frm having t submit a cmpleted disclsure frm: Exceptins under Federal law Sales f pre-1978 residential husing at freclsure; Leases f pre-1978 residential husing that have been fund t be lead-based paint free by a certified lead inspectr; Shrt-term leases f 100 days r less, where n lease renewal r extensin can ccur; and Renewals f existing leases in pre-1978 residential husing in which the lessr has previusly disclsed all infrmatin required by the Federal disclsure requirements related t the presence f knwn lead-based paint and/r lead-based paint hazards. Exceptins under District law When the wner has a reprt frm a risk assessr r an inspectr certifying that a dwelling unit is a lead-free unit, the wner may prvide that reprt instead f a cmpleted disclsure frm; and When the wner has three clearance reprts issued at least twelve mnths apart and within the previus seven years, and the prperty was nt and is nt subject t any husing cde vilatins that ccurred during the past five years r any that are utstanding, the wner may prvide thse clearance reprts instead f a cmpleted disclsure frm. If ne f the abve exceptin scenaris exists, the wner must make sure the exceptin applies t the disclsure situatin. Fr example, if District law requires that the Lead Disclsure Frm be cmpleted and submitted, an wner cannt use ne f the exceptins prvided by Federal law t avid submitting the cmpleted frm. Cnversely, an wner wh is required by Federal law t disclse the knwn presence f lead-based paint and/r lead-based paint hazards cannt use an exceptin created by District law t avid submitting the federally required infrmatin. If an wner learns f the presence f lead-based paint in a dwelling unit, District law requires the wner t: Ntify the tenant f the presence f lead-based paint within 10 days after discvering its presence; and Prvide the tenant with (1) the Federal Lead Warning Statement that is currently printed at the tp f the District s Lead Disclsure Frm, and with (2) the lead hazard infrmatin pamphlet entitled Prtect Yur Family Frm Lead in Yur Hme (EPA- 747-K ). Hwever, if the tenant has already received the Warning Statement and the pamphlet within the prir 12 mnth perid, then the wner des nt have t prvide them again during this same time perid. 3

4 III. ADDITIONAL DISCLOSURE REQUIREMENTS UNDER FEDERAL LAW Prviding the Lead Disclsure Frm des nt cnclude an wner s bligatins under related Federal law. Federal law requires that the fllwing additinal disclsure-related requirements als be met: The seller r lessr must prvide the purchaser r lessee with an EPA-apprved lead hazard infrmatin pamphlet, such as the EPA pamphlet entitled Prtect Yur Family Frm Lead in Yur Hme (EPA-747-K ). The seller r lessr must disclse infrmatin abut the presence f any knwn lead-based paint and/r lead-based paint hazards, as well as the existence f any available recrds r reprts pertaining t such presence, nt just t the purchaser r lessee, but als t each agent invlved in the prcess. The term agent is defined as any party wh enters int a cntract with a seller r lessr, including any party wh enters int a cntract with a representative f the seller r lessr, fr the purpse f selling r leasing target husing [except fr] purchasers r any purchaser s representative wh receives all cmpensatin frm the purchaser. The Federal disclsure law requires wners t give prspective purchasers and tenants a 10-day pprtunity t cnduct a risk assessment r inspectin t determine whether lead-based paint and/r lead-based paint hazards are present, prir t a purchase and sale agreement r a lease being executed. Owners f residential prperty in the District f Clumbia must als fllw this additinal requirement impsed by Federal law. The Federal disclsure law requires lessrs t prvide lessees with available recrds r reprts pertaining t lead-based paint and/r lead-based paint hazards, but permits wners t submit reprt summaries under certain circumstances. i Lengthy curt dcuments and cnstructin dcuments may be excerpted, prvided that all infrmatin regarding lead-based paint and leadbased paint hazards is included alng with sufficient backgrund infrmatin, s that the cntext f the excerpt is clear. Fr paint inspectin and risk assessment reprts, EPA and HUD have determined that lessrs may prvide lessees with a summary f all paint inspectin and risk assessment reprts, prvided that the summary is prepared by a certified paint inspectr r risk assessr. Where infrmatin abut specific units is incnsistent with the cnclusins as a whle, this infrmatin must be included alng with the summary f general cnclusins. In situatins where dcuments are excerpted r summarized, they must be accmpanied by a list f all cmplete recrds and reprts available t the lessee. If the lessr chses t prvide excerpts r summaries and dcument lists in lieu f cmplete cpies, the lessr must prvide the lessee with the pprtunity t review the cmplete dcuments in a central lcatin n the premises, if feasible, and the pprtunity t receive cpies f any dcuments nt prvided, upn request, and at n cst t the lessee. The Federal disclsure law requires wners t attach its required disclsure materials, including the Federal Lead Warning Statement, t the sales r leasing cntract befre a purchaser r lessee is bligated under a cntract t purchase r lease pre-1978 residential husing. District law des nt require that this infrmatin be attached t sales r leasing cntracts, nly that it be prvided befre the buyer r renter is bligated. But whenever Federal law is mre stringent than lcal 4

5 law, Federal law applies, and therefre wners f residential prperty in the District f Clumbia wh want t submit nly ne disclsure frm t satisfy bth Federal and District requirements must fllw the additinal requirement impsed by Federal law, f attaching the Lead Disclsure Frm t the sales r leasing cntract. i InterpretativeGuidancefrtheRealEstateCmmunityntheRequirementsfrDisclsuref InfrmatinCncerningLeadbasedPaintinHusing,August20,1996,page6,answertquestin13. 5

6 917 DC LEAD DISCLOSURE FORM Federal Lead Warning Statement: Husing built befre 1978 may cntain lead-based paint. Lead frm paint, paint chips, and dust can pse health hazards if nt managed prperly. Lead expsure is especially harmful t yung children and pregnant wmen. Befre renting pre-1978 husing, lessrs must disclse the presence f knwn lead-based paint and/r lead-based paint hazards in the dwelling. Lessees must als receive a federally apprved pamphlet n lead pisning preventin. ADDRESS OF PROPERTY, INCLUDING UNIT NUMBER IF ANY: The District f Clumbia Lead-Hazard Preventin and Eliminatin Act f 2008, as amended (the Act ), D.C. Official Cde et seq., requires an wner f a residential prperty cnstructed befre 1978 t disclse the infrmatin cntained in this Lead Disclsure Frm t prspective tenants r prspective prperty purchasers, befre any change in ccupancy r cntract fr pssessin is executed. Owners are required t disclse specific infrmatin which they knw r reasnably shuld knw abut the prperty related t the presence f lead-based paint and/r lead-based paint hazards, and any pending actins rdered under the Act. T meet the requirements f this law, yu must cmplete this Lead Disclsure Frm. I am the wner r authrized wner s agent f (Insert Full Address f Prperty) and affirm that the fllwing answers t the questins state what I reasnably knw abut my prperty. CHECK ONE BOX UNDER A, B, AND C, BELOW. A. Check ne f the fllwing 2 statements that accurately describes what yu knw abut the presence f lead-based paint n yur prperty: Lead-based paint is knwn r reasnably knwn t be present n the interir r n the exterir f the prperty (including cmmn areas, if applicable), at the fllwing lcatins (specify cmpnents, rms, and any ther relevant details, and prvide access t any available recrd r reprt abut the presence f lead-based paint at this prperty): T my knwledge, lead-based paint is nt knwn r reasnably knwn t be present n the interir r n the exterir f the prperty, including cmmn areas. I will prvide access t any recrd r reprt I have abut the absence f lead-based paint at this prperty. B. Check ne f the fllwing 2 statements that accurately describes what yu knw r reasnably shuld knw abut the cnditin f yur prperty: NOTE: The fllwing definitins must be fllwed t cmply with District law. DISTRICT OF COLUMBIA DEFINITION OF LEAD-BASED PAINT HAZARD: Lead-based paint hazard means any cnditin that causes expsure t lead frm lead-cntaminated dust, lead-

7 cntaminated sil, deterirated lead-based paint r presumed lead-based paint, r lead-based paint r presumed lead-based paint that is disturbed withut cntainment. See D.C. Official Cde (22). DEFINITION OF PRESUMED LEAD-BASED PAINT: Presumed lead-based paint means paint r ther surface cating affixed t a cmpnent in r n a dwelling unit r child-ccupied facility, cnstructed prir t See D.C. Official Cde (32). I have reasn t believe a lead-based paint hazard is present n the interir r n the exterir f the prperty (including cmmn areas, if applicable), at the fllwing lcatins (specify cmpnents, rms, and any ther relevant details, and prvide access t any available recrd r reprt abut the presence f lead-based paint hazards at this prperty): T my knwledge, lead-based paint hazards are nt present nr likely t be present n the interir r n the exterir f the prperty, including cmmn areas, if applicable. I will prvide access t any recrd r reprt I have abut the absence f lead-based paint hazards at this prperty. C. Check ne f the fllwing 2 statements that accurately describes whether any gvernment actin is currently pending, with respect t yur prperty r unit: There are currently n pending actins rdered by a District Gvernment agency with respect t the prperty listed abve. There are currently pending actins that have been rdered by a District Gvernment agency with respect t this prperty, as fllws: By my signature belw, I agree that this Lead Disclsure Frm states infrmatin abut my prperty r unit listed abve, which is reasnably knwn t me, and that I have answered the questins in this frm truthfully. I als agree t cmply with the Act s requirement that I prvide this infrmatin t my prspective tenants, as well as t any prspective purchasers, befre they are under any cntract t purchase r lease a dwelling unit. I understand that falsificatin f any infrmatin prvided r required in this dcument may subject me t civil r criminal penalties. D.C. Official Cde (b) and (b). NAME OF OWNER/OWNER S AUTHORIZED AGENT DATE PENALTY: Falsificatin f infrmatin required by this ntice may result in criminal penalties. D.C. Official Cde (b). GOVERNMENT OF THE DISTRICT OF COLUMBIA

8 ACKNOWLEDGEMENT FORM Disclsure f Infrmatin n Lead-Based Paint and/r Lead-Based Paint Hazards and/r Pending Gvernment Actins ADDRESS OF PROPERTY, INCLUDING UNIT # IF ANY: Lessee s Acknwledgement I cnfirm that I have received a cmpleted Lead Disclsure Frm fr the prperty address specified abve, and that I received it n (insert date): I cnfirm that I have received the pamphlet, Prtect Yur Family Frm Lead in Yur Hme, and that I received it n (insert date): Lessee s Signature Date Prspective Purchaser s Acknwledgement I cnfirm that I have received a cmpleted Lead Disclsure Frm fr the prperty address specified abve, and that I received it n (insert date): I cnfirm that I have received the pamphlet, Prtect Yur Family Frm Lead in Yur Hme, and that I received it n (insert date): Prspective Purchaser s Signature Date Agent s Acknwledgement I have infrmed the prperty wner f the prperty wner s bligatins under 42 U.S.C. 4852d, and I am aware f my respnsibility t ensure cmpliance. Agent s Signature Date