Target housing
Target housing is housing constructed prior to 1978, excluding housing for the elderly or persons with disabilities unless a child under 6 resides or is expected to reside there, and excluding 0-bedroom dwellings.
Work the year carefully. A 1977 house is target housing — 1977 is the last covered year. A 1978 house is not, because the rule reaches construction prior to 1978. Given one of each, only the 1977 home requires disclosure.
Traps: a pre-1980 cutoff moves the year. "More than four dwelling units" confuses unit count, which only affected the rule's 1996 effective dates. "Any house where a child under six has ever lived" turns an exception into the definition. The CPSC paint ban is separate from the Title X disclosure duty owed by sellers and lessors.
What the seller must do
- give the pamphlet Protect Your Family From Lead in Your Home
- disclose known lead-based paint and hazards, with available records and reports
- include the Lead Warning Statement in the contract with signed acknowledgments
It never requires the seller to test the property or remove any lead found. Testing and abatement is the EXCEPT answer.
The 10-day assessment period
The purchaser gets 10 days to conduct a risk assessment or inspection, at the purchaser's expense. It applies to sales, not leases. It may be changed only by mutual written agreement, or waived by the purchaser in writing. It cannot begin after closing — the point is to inspect before the buyer is obligated.
Exempt leases
Short-term leases of 100 days or less that cannot be renewed or extended are exempt. A 90-day furnished rental with no renewal or extension qualifies. A 90-day lease extendable month to month fails, because renewal can occur. A 120-day lease exceeds 100 days. A one-year lease of a 1979 house is not a short-term exemption at all; it falls outside the rule because a 1979 house is not target housing.
Treble damages, worked
A knowing violator is liable to the purchaser for 3 times the damages, plus possible civil money penalties and criminal prosecution.
$15,000 × 3 = $45,000
Not $15,000 (ignores the multiplier), not $30,000 (doubles instead of trebles), not $150,000 (multiplies by ten).