The U.S. Environmental Protection Agency (EPA) has proposed regulations to strengthen requirements for the removal of lead-based paint dust in homes and childcare facilities built before 1978. Under the proposed rules, any amount of lead dust on floors and windowsills would require additional testing and abatement, paid for by the property owner. Compliance with the rule is triggered by a finding by a health care professional that a child in the property has elevated blood lead levels (BLL), as set forth by the Centers for Disease Control.
Most importantly for REALTORS® and property managers, the proposed regulation would not require property owners to proactively test for lead paint dust before selling, but if such tests have been performed, this information would need to be disclosed to potential buyers under current lead paint disclosure protocols. NAR is currently reviewing the regulations, preparing comments and working with other impacted real estate organizations to address these proposed regulations.