Lead paint disclosure in the District of Columbia

Section 1018 of Title X is the federal rule here, and it covers most housing put up before 1978, renters and buyers alike. Sellers and landlords have to share whatever they know about lead-based paint and hazards in the home. They also hand over any records they hold, the EPA's pamphlet, plus a Lead Warning Statement.

Buying? You have 10 days to check the home for lead.

DC layers on a requirement of its own. Under DC Code 8-231.04(a), anyone who owns a pre-1978 home has to tell a buyer or tenant what they reasonably know about lead paint, lead hazards, and any DC orders still pending.

The District wants this on its own lead disclosure form. And you need it before the contract or lease binds you, not later.

For these buildings, DC treats all paint as lead-based unless testing by a lead inspector or risk assessor shows it's lead-free. DC's law also says pre-1978 homes, their common areas, and child-occupied facilities must stay clear of lead-based paint hazards.

If someone under 6 or a pregnant woman will be living in or often visiting a DC rental from before 1978, your landlord has to hand you a clearance report dated within the past 12 months. The report needs to be in your hands ahead of the lease signing.

Already living there? Put it in writing to your landlord that this applies to your home. They then have 30 days to hand it over.

The disclosure form is just the start. DC landlords also have to give you:

• A notice of your lead rights as a tenant, on a District form, each time a lease is signed or renewed
• That same notice again whenever rent goes up
• Word within 10 days whenever the landlord learns about lead-based paint in your place

When lead work is planned, DC asks owners to hand you a filled-out Property Access form no later than 48 hours before work begins. Owners should also pass along a Clearance Examination Receipt Acknowledgement whenever they give you a clearance report.

If the place has 1 to 4 units, the seller must provide a signed real property disclosure statement on a form the Mayor has approved. It should reach you by the time you sign the purchase agreement, if not sooner.

If the statement reaches you after you've signed, you can cancel in writing within 5 calendar days of getting it.

Only sales where you put in writing that the home will be your own residence fall under this law. Court-ordered transfers and foreclosure sales don't. Neither does a transfer by an estate administrator who doesn't live in the home.

Yes. The pipe that brings water from the street into your home is called the service line, and in older homes it may be made of lead.

The seller's statement has to include any lead test results on the water that are known. It also has to say whether lead plumbing or a lead service line exists, and whether anyone has replaced that line.

DC law makes health care providers draw blood from every child for lead testing on two occasions. The first test happens between 6 and 14 months of age. The second falls between months 22 and 26. Parents can say no.

Following CDC guidance, DC Health now counts 3.5 ug/dL or more as elevated. DC's own law draws the line at 5 ug/dL, or wherever CDC sets a stricter bar.

Break DC's lead hazard law or its rules and the owner can face a civil fine of up to $25,000 for each day. Every day counts as its own violation.

Census data shows 66% of all DC homes and 56% of rented homes were put up before 1980.

Figures come from the US Census Bureau's American Community Survey.