Lead paint disclosure in New Hampshire

A federal lead disclosure rule, called Section 1018 of Title X, covers most housing built before 1978, whether you're buying or renting.

Under this rule, sellers and landlords have 4 duties:

• Disclose any lead-based paint or lead hazards they know about
• Pass along whatever lead records they hold for the home
• Provide the EPA's lead pamphlet
• Put a Lead Warning Statement in the paperwork

Buyers get 10 days to test for lead. So you have room to learn what's there before the deal is locked in.

New Hampshire has its own notice, created by RSA 477:4-a. Before you sign a contract to buy a property that has a building on it, the seller or the seller's agent has to give you a written notice covering lead, radon, arsenic, PFAS, and flood risk. Signing a copy confirms you received it.

On lead, the notice says paint used before 1978 might contain lead. It describes the dangers: paint that flakes, dust from surfaces that rub together, renovation done unsafely, and soil close to the home can all seriously harm young children and pregnant women. It also mentions that service lines and plumbing can put lead into drinking water.

No. RSA 477:4-a(II) makes clear that leaving out the state notice has no effect on the validity of the title. The seller and the seller's agent don't become liable either. The state notice and the federal rule for pre-1978 homes are two separate things.

A lot of the state's housing is old enough that lead paint could be present. Here's what Census figures show:

State law requires blood tests for lead at ages 1 and 2. Parents may refuse in writing, and a physician can state in writing that testing might harm the child.

Results come in micrograms per deciliter, or ug/dL, which tells you how much lead is in a fixed amount of blood. When a result falls between 3 and 9.9 ug/dL, the state must notify the property owner in writing. If a child's result is 3 ug/dL or more, the parents get materials that tell tenants to cooperate with the owner rather than handle repairs on their own.

A venous result of 5 ug/dL or more, meaning blood taken from a vein, means the state must investigate. That can mean inspecting a rental unit and ordering the owner to reduce lead hazards.

It's against the law for a landlord to put a renter out for that reason, a child whose blood contains lead. If eviction proceedings begin within 6 months of the owner learning about the child's elevated level, the law treats that as the reason.

If a landlord has to relocate your family temporarily for lead work, the landlord must:

• Provide a safe replacement unit, with no rent increase
• Attempt to keep you in the same elementary school district
• Allow your family to return afterward
• Pay for sensible moving costs

When state inspectors discover lead hazards, they may send the owner a lead hazard reduction order. That's a written order spelling out what the owner must fix and when. Anyone who breaks the state lead law faces fines up to $5,000 per offense. Every day past the order's deadline that a violation continues counts as a separate misdemeanor.

Since July 1, 2024, any space in a pre-1978 building converted into new rental housing has to be certified lead safe before it's used. The same goes for a newly licensed day care in a building put up before 1978.

New Hampshire Housing runs a Lead Hazard Control program that hands out federal grants with no repayment required. They go to owners of pre-1978 houses and rental units, as long as household income stays at or under 80% of the median income where they live (the midpoint income for the area). Owners contribute a 10% match, and state loans exist too. Homes where a child under 6 has lead poisoning get priority.

Manchester has a Health Department community health nurse who offers case management with home visits for each city child whose blood lead level comes back elevated. Residents are also encouraged by the department to get in touch before renovating whenever the paint is lead-based.