Lead paint disclosure in Nebraska

Under the federal lead disclosure rule, most housing that went up before 1978 is covered, whether it's being sold or rented out. It works the same in Nebraska as it does everywhere else in the country.

This rule says a seller or landlord has to:

• share anything they know about lead-based paint or lead hazards on the property
• pass along any records or reports in their possession
• give you the EPA pamphlet about lead
• put a Lead Warning Statement into the contract or lease

Buyers get 10 days to check the home for lead before the sale becomes final.

Nebraska has its own rule on top of the federal one. Neb. Rev. Stat. 76-2,120 requires anyone selling a home with 1 to 4 units to hand the buyer a signed, written statement disclosing the property's condition. A lease that includes a purchase option is treated as a sale under this rule too.

The seller has to give it to you no later than the day the purchase contract becomes binding. That's the point when both sides have signed and neither one can just walk away.

The statement must describe any hazardous conditions on the property. That covers substances, materials, and products that could be an environmental hazard, and lead paint fits that description.

Not every transfer requires the state statement. The law lists these exceptions:

• sales ordered by a court and foreclosure sales
• sales a bankruptcy trustee handles
• transfers among co-owners, spouses, or near relatives
• transfers where a government is on either end
• brand-new homes with no previous occupants
• sales from an estate or trust by a fiduciary who didn't live in the home

A fiduciary is someone legally responsible for managing another person's property, like the executor of an estate.

Nebraska law is where these exceptions live. The federal lead rule for pre-1978 homes stands on its own.

When a home in Nebraska changes hands in violation of 76-2,120, you can take the seller to court and recover your actual losses, plus the costs of the case and a reasonable fee for your lawyer. You have 1 year to file, counted from either the day you took possession or the day the home was transferred to you, whichever comes first (Neb. Rev. Stat. 76-2,120).

Agents have duties under this rule too. Under Rule 299 NAC 5-003.24 from the Nebraska Real Estate Commission, an agent who spots a mistake or something missing in the seller's disclosure statement has to notify both buyer and seller in writing. Skipping that counts as unprofessional conduct.

Over half of the homes in Nebraska date from before 1980, so a lot of them fall under the federal rule. Here are the US Census figures:

Nebraska's health department says to hire a lead inspector or risk assessor who's licensed in Nebraska. A paint inspection, it notes, does the most good during a home purchase or lease signing, so you understand the situation before signing on the dotted line.

Nebraska DHHS asks doctors to screen children between 9 and 71 months of age for lead risk at each yearly checkup. A child with a risk factor should have blood drawn for testing at 12 months and again at 24 months. The state also points out certain zip codes with higher risk, where kids should get tested.

Children on Medicaid must get tested under the state's Medicaid plan. Every blood lead test done in Nebraska is reported to the state's health agency, the Department of Health and Human Services (Neb. Rev. Stat. 71-2518).

The amount of lead in a child's blood is measured in micrograms per deciliter, shown as ug/dL. A bigger number means more lead in the child's blood. Nebraska DHHS takes action at these levels:

Under case management, a public health worker keeps track of the child's situation and helps the family figure out what to do next.