If you're buying or renting a home in Michigan built before 1978, you should know about the Lead-Based Paint Disclosure Rule. This regulation protects occupants, especially children, from lead poisoning—a severe health risk from exposure to deteriorating lead-based paint. Here's what you need to know about lead-based paint disclosure in Michigan and why it’s so important.
What is the Lead-Based Paint Disclosure Rule?
The Lead-Based Paint Disclosure Rule is a federal law enforced by the Environmental Protection Agency (EPA), the Department of Housing and Urban Development (HUD), and the State of Michigan. It requires sellers and landlords of homes built before 1978 to provide buyers or tenants with specific information about the potential presence of lead-based paint in the property. This law applies to most residential housing except for new constructions, certified lead-free homes, and short-term rentals of fewer than 100 days.
What Sellers and Landlords Must Do
If you're selling or renting a home built before 1978, Michigan law requires you to take the following steps:
Provide the EPA’s Lead-Based Paint Pamphlet: You must give buyers or tenants the EPA’s informational pamphlet, Protect Your Family from Lead in Your Home. This document explains the risks of lead exposure and steps to reduce it.
Disclose Known Lead Hazards: Sellers and landlords must inform buyers or tenants of any known lead-based paint or lead hazards on the property. This includes sharing the results of previous tests or assessments.
Include Lead Warning Statements: Real estate contracts and lease agreements must include a lead warning statement acknowledging the risks of lead paint and confirming that the required disclosures were made.
Allow Time for Testing: Buyers are entitled to a 10-day period to conduct a lead-based paint inspection or risk assessment at their expense. Sellers are not required to cover the cost but must allow the time if requested.
Why is Lead-Based Paint Disclosure Important?
Lead-based paint was widely used in homes until 1978, when it was banned due to health risks. Lead is particularly dangerous for children and pregnant women. Exposure to lead dust or chips from deteriorating paint can cause developmental delays, learning difficulties, and behavioral issues in children, as well as other serious health problems for adults.
The disclosure requirement ensures that buyers and renters are fully informed about any potential risks before moving into a property. It also holds sellers and landlords accountable for maintaining safe living conditions.
What Happens If the Disclosure Isn’t Made?
Failing to comply with the Lead-Based Paint Disclosure Rule can result in severe penalties. Sellers and landlords may face fines, lawsuits, and liability for health issues caused by lead exposure. Additionally, buyers or tenants who discover undisclosed lead hazards can take legal action to recover damages.
Michigan’s Public Act 434
Michigan's Public Act 434 says that if rental property owners knowingly let a family with a child with high blood lead levels stay in housing with lead-based paint hazards, they could face fines or even jail.
Protecting Your Investment and Your Family
For homeowners and landlords, complying with Michigan’s lead disclosure laws is not just about avoiding penalties; it’s about creating safe environments. If you own a property built before 1978, consider hiring a certified lead inspector to assess the home and address any risks before selling or renting.
For buyers and renters, always ask for the lead disclosure and be proactive about arranging a lead inspection if you have concerns. Protecting your family’s health is worth the investment. By understanding and adhering to these requirements, everyone involved in the transaction can ensure a safer living space.
Michigan's Lead Poisoning Prevention Fund
Michigan Saves, in partnership with the Michigan Department of Health & Human Services, has launched the Lead Poisoning Prevention Fund to help homeowners remove lead from their homes. The program covers 50% of lead abatement costs for eligible households and offers low-interest loans for the remaining balance. It also connects participants to certified contractors for safe lead removal. The fund targets homes built before 1978, particularly in Detroit, where 90% of residences predate the ban on lead-based paint. The program addresses increased demand for abatement following Michigan’s universal lead testing law and stricter exposure standards.
Participants need a free lead inspection and risk assessment report to access the program, which funds projects from $2,000 to $100,000. The program is available for homeowners, landlords, and renters with qualifying incomes. Loans feature interest rates under 8% with repayment terms up to 15 years. Michigan Saves aims to make lead removal accessible and less intimidating, especially for families with young children at risk of lead poisoning.
Painting Over Lead Paint
Painting over lead paint, known as encapsulation, is a safe and cost-effective method to manage lead hazards correctly. It requires testing for lead, ensuring the surface is in good condition, and using proper encapsulants instead of regular paint. Surfaces with dirt, peeling, or damage must be cleaned or repaired before encapsulating.
Follow safety protocols like wearing protective gear, avoiding sanding, and using HEPA filters to minimize exposure. While encapsulation effectively prevents lead exposure, improperly treated surfaces can still release toxic particles, posing severe health risks, especially to children. Always prioritize safety when addressing lead paint.
EPA-Approved Test Kits
The EPA has approved three test kits because of the significant risk of lead paint poisoning. These test kits comply with the RRP renovation, repair, and painting rule. Since 2010, contractors painting, repairing, or renovating homes with lead paint present must be properly licensed. They must also follow specific work practices to prevent lead paint poisoning.
The three EPA-approved lead test kits are the 3M™ LeadCheck™, D-Lead®, and the State of Massachusetts lead test kits. They can reliably determine if lead-based paint is present on wood, metals, drywall, and plaster surfaces.
3M™ LeadCheck™: These lead test kits can be purchased at Lowes, Home Depot, and Amazon. These swabs can detect lead in as little as 3 seconds. If the swab turns red, then it means that lead is present.
D-Lead®: The D-Lead® Lead Paint Test Kit quickly determines if lead-based paint is present, giving results in seconds. This test kit can detect lead on even more surfaces than the 3M Lead check, including structural steel, aluminum, concrete, brick, stucco, wood, and more.
State of Massachusetts Lead Test Kits: The Massachusetts Lead Test Kits are the third EPA-approved lead testing kit. These kits are only permitted by certified Massachusetts State Lead Inspectors and Risk Assessors. Massachusetts has some of the strictest lead paint rules in the country.
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