In March 1997, certain federal laws went into effect which require sellers and renters of many residential properties in the United States to make disclosures regarding lead based paint. These regulations implement what has become known as the federal "Lead Act." All residential property sellers, real estate professionals, and landlords must ensure that their transactions comply with these regulations.

THE PROBLEM
While paint manufacturers have not been permitted to add lead to their paints since 1980, before then it was a common additive. Adding lead made paints brighter and increased their durability. Experts believe that in some parts of the country, three out of four homes are likely to have some lead paint.

Experts generally concur that lead is potentially harmful; however, there is little consensus on how much lead is harmful. Children are particularly vulnerable to the effects of lead contamination. Scientists believe that lead may cause serious health problems in children, especially young children. Studies link lead poisoning, which means that a person has a lot of lead in his/her body, with brain damage, nervous system impairment and learning disabilities. It may also cause problems in pregnancy.

Experts believe that children under six are at greatest risk from exposure. Children who live or play with other children that have been lead poisoned are at greater risk. As are also children living in pre-1960s homes and children that do not ingest sufficient levels of iron or calcium.

For good reason, federal health officials recently reminded owners of older homes to ensure that their children are kept away from home improvement projects involving paint scraping or sanding. A recent New York state study of children living in homes where there had been recent removals of lead containing paint revealed that nearly ten percent had dangerously high levels of lead in their blood.

Ingestion and inhalation pose an ongoing threat to children in houses with lead containing paint. Parents need not just be concerned during renovation projects, either. Small children haven been known to eat paint chips and to even bite contaminated window sills. Due to the health risk, prudence therefore suggests that all home purchasers determine whether the home they are buying contains lead.

THE POOR AT MOST AT RISK
Unfortunately, it is the nation's poorest children who are the most at risk. Much of the inner city housing in this country contains dangerous levels of lead paint. In many instances, government officials are reluctant to verify the extent of poisoning because there is little money, and even less political resolve, to address the issue once its true dimensions are known.

What's more, many of these children also live in high industrial areas, also located near major highways. Lead and other metals from the industry and from the roadways, invariably make the situation worse.

Even when government tries to help, often the help is too little, too late. A February 13, 1998 "U-Team" Report from WTNH Television in New Haven revealed a four year delay to open a "lead safe" home for affected families. The station contrasted this effort with a recently built, state funded tennis center, that took only one year to finish.

NEW LEGAL REQUIREMENTS
Under the recent Lead Law regulations, purchasers of of pre-1978 homes must receive a pamphlet which identifies the risks of lead contamination. The pamphlet states that it is assumed that paint in pre-1978 houses is lead based. Buyers are instructed that they have the right to test for lead in the paint, usually at their own expense.

If lead is found, a buyer has the right to cancel the contract. There are two other options as well: (1) the seller may pay for lead paint removal or (2) the buyer may purchase the house "as is."

In addition, landlords are now required to advise tenants of the presence of lead paint once it is detected. If lead is found, a landlord must properly remove the lead containing paint. Landlords must also provide their tenants with information pamphlets concerning lead exposure.

The regulations do not require a seller or landlord to test for lead based paint before the sale. And, a tenant may waive the opportunity to inspect or test. However, the waiver must be in writing.

The law applies to sellers and landlords, including their agents. Real estate professions must therefore be sure that their transactions comply with the new law. The law does not apply to housing built after 1977, efficiencies, lofts and dorms with no separate bedroom, housing for the elderly or disabled, housing sold in foreclosure, and housing "certified lead-free." Fines and imprisonment are possible in the case of violations.

CONCLUSION
In the last ten years, there has been a tremendous amount of litigation nationwide over injuries allegedly attributed to lead contamination. Older paint manufacturers, distributors and retailers have been included in these large, multi-party cases, and plaintiffs' attorneys have collected a sizable war chest of shared information. Home purchasers never are interested in buying into these kinds of horrifying lawsuits. They might therefore consider confronting this issue before the purchase by retaining a certified professional to evaluate the lead related risks associated with a possible new purchase.

Clearly, property sellers and landlords, as well as real estate professionals, must take measures to ensure that federal lead paint disclosure laws are satisfied. Since poorer children are disproportionately injured by lead paint, perhaps the real question is whether this law will help them. Since lead poisoning tends to become worse with increased exposure, for many of these children this law might be another example of too little, too late.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.