Make sure you’re on top of the changes to the Rhode Island Lead Poisoning Prevention regulations that will go into effect on January 1, 2018.
Section 3.8 of the regulations requires specific changes to be made to the Seller’s and Lessor’s Lead Disclosure forms. The updated forms have been sent to Instanet and other forms providers and will be available by January 1st. Click here to see the updated forms: Seller Lead Disclosure , Lessor’s Lead Disclosure
The following is a summary of key changes to the disclosures:
- Includes the address and unit number of the property to be leased or sold.
- Removes the references to the Housing Resources Commission lead fact sheets.
- Requires the owner of pre-1978 housing to list in chronological order on the lead disclosure the date and type of all lead records that the owner has in his/her possession or “which are reasonably obtainable.” This includes records, such as lead inspection reports, certificates, and notices of violation. An example of a “reasonably obtainable” lead report could be a certificate for the common areas of a condominium complex that the management office has in its possession.
- Prompts the property owner to include a copy of a current lead certificate, if available. A lead certificate is still not required to sell a property. For more than 10 years, a lead certificate has been required to lease a property under most circumstances. This change to the disclosure will make the lack of a certificate more noticeable to a potential tenant.
- Requires the property owner to retain such records for as long as he or she owns the property.
- Allows a buyer to request copies of any such records. Requires the seller or landlord to provide copies of the records within seven days at no charge.
Disclosure Deadlines: A seller must provide a Seller’s Lead Disclosure to a buyer before the buyer signs an offer or purchase and sales agreement. A landlord must provide a Lessor’s Lead Disclosure to a tenant before the tenant signs a lease, month to month tenancy, or otherwise becomes “obligated” to rent. Sellers and landlords must also provide a copy of the EPA pamphlet “Protect Your Family from Lead in Your Home” containing the Rhode Island insert:
Exemptions: The following transactions are now exempt from the real estate notification and disclosure requirements.
- Sales and leases of any residential dwelling constructed after January 1, 1978.
- Sales and leases of any residential premises which meet the lead-free or lead-safe thresholds provided that a Certification of Lead-Free Status or Full Lead Safe Certificate (Form PBLC-21) is provided to the buyer or tenant.
- Renewals of existing leases in which the lessor has previously complied with all requirements of this Section, provided that proof of disclosure is retained for at least three years or the term of tenancy, whichever period is longer.
- Sales and leases of zero-bedroom dwelling units or dwelling units used exclusively to house the elderly or disabled in which no child resides.
- Short-term leases of one hundred days or less with no renewal option.
Other information: Rental property owners and managers who work with contractors should make sure to review all of the regulations – not just the disclosure requirements.
Questions? Please contact the RIAR Legal Department at 401-432-6945 or email [email protected] or the RI Department of Health at 401-222-5960.Phone: 401-222-5960