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42 U.S. Code § 4852d Disclosure of Information Concerning Lead

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Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards

Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead- based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

Seller's Disclosure

(a) Presence of lead-based paint and/or lead-based paint hazards [check (i) or (ii) below)]:

(i) Known lead-based paint and/or lead-based paint hazards are present in the housing

(Explain.)

(ii) Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

(b) Records and reports available to the seller (check (i) or (ii) below):

(i) Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).

(ii) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Purchaser's Acknowledgment (initial)

(c) Purchaser has received copies of all information listed above.

(d) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home.

(e) Purchaser has (check (i) or (ii) below):

(i) received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or

(ii) waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.

Agent's Acknowledgment (initial)

(f) Agent has informed the seller of the seller's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.

Certification of Accuracy

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

Seller

Date

Seller

Date

Buyer

Date

Buyer

Date

Agent

Date

Agent

Date

Enter text

What the 42 U.S. Code § 4852d disclosure covers

The 42 U.S. Code § 4852d Disclosure of Information Concerning Lead is the federal disclosure framework requiring that occupants and applicants receive information about lead-based paint hazards where federal housing programs or federally assisted housing are involved. The disclosure explains known lead hazards, summarizes any available test or remediation records, and documents occupant acknowledgement. The form supports informed occupancy decisions, hazard mitigation planning, and compliance with federal lead-safety obligations tied to housing and public-health programs.

Why completing this disclosure matters

Completing the 42 U.S. Code § 4852d disclosure meets a federal legal requirement, informs residents about potential lead hazards, and creates a documented record for property owners and program administrators. Proper disclosure supports occupant safety, risk management, and audit readiness.

Why completing this disclosure matters

Who normally prepares and receives the disclosure

The disclosure is primarily a compliance and consumer-protection document used by housing providers and program administrators.

  • Public housing authorities and HUD program administrators — provide disclosures for federally assisted units.
  • Private landlords and property managers — when a unit is subject to federal funding or program rules.
  • Contractors, inspectors, or remediation firms — when they supply testing or abatement documentation to owners.

Recipients include prospective tenants, current occupants, and program monitors; keeping accurate signed copies is essential for compliance and dispute resolution.

What to include on a professional disclosure form

A compliant disclosure groups identifying information, factual statements about lead, supporting records, and clear signer acknowledgements so recipients understand risk and history.

Property Details

Full property street address, unit number, and year built to establish the property scope and applicability to pre-1978 lead rules.

Known Lead Statement

A concise statement indicating whether the owner/manager knows of lead-based paint or lead hazards at the property and the source of that knowledge.

Testing & Reports

Dates and summaries of lead inspections or risk assessments, with an indication where full reports can be reviewed or obtained.

Remediation History

Records of abatement or interim controls performed, including dates, contractor identity, and scope of work.

Tenant Acknowledgment

Signature and date lines for occupants and preparer documenting disclosure delivery and receipt of information.

Attachments

Space for attachments or references to lead hazard pamphlets, lab results, or program-specific notices required by funding terms.

Required information elements at a glance

Property Address: Full street address
Year Built: Construction year
Lead Status: Known/unknown statement
Records Location: Where reports are kept
Inspection Dates: Date(s) of tests
Signatures: Preparer and occupant date

Step-by-step: completing the disclosure

Follow these sequential actions to prepare, deliver, and retain a compliant disclosure for a unit subject to 42 U.S.C. § 4852d requirements.

  • 01
    Gather records: Collect inspection, remediation, and testing reports before completing the form.
  • 02
    Fill form: Enter property details, lead status, and attach supporting documentation.
  • 03
    Deliver to occupant: Provide the disclosure to prospective or current occupants before lease signing or occupancy.
  • 04
    Retain copy: Keep a signed copy with program files and tenant records for audit purposes.

Configuring an online disclosure workflow

Set up fields, signer order, verification, and storage to match program rules and record-retention policies.

Field Configuration
Authentication Email link or SMS code for guest signers
Signer Order Owner/manager first, then occupant
Document Format PDF/A or DOCX for archiving
Archive Location Secure cloud folder or program records

Where to send and how acknowledgements work

Routing depends on program rules; typical flow moves from preparer to occupant, then to program records and compliance monitor.

  • Prepare disclosure: Complete and attach test/abatement reports where required.
  • Deliver to occupant: Provide in person or electronically before lease or move-in.
  • Obtain acknowledgment: Have occupant sign and date, confirming receipt and understanding.
  • Store record: Retain signed disclosure with program files and tenant records.

Digital delivery and platform considerations

Use a platform that supports secure PDF/DOCX handling, audit trails, and reliable signer attribution for legal defensibility.

  • File formats: PDF and DOCX supported
  • Integrations: Works with common storage/CRM systems
  • Signer authentication: Email, SMS, or stronger methods

Ensure the chosen platform can retain a tamper-evident audit trail, reproduce signed records on request, and meet any program-specific authentication or retention requirements.

Timing and critical delivery moments

Key timing obligations center on delivering the disclosure before occupancy or lease execution and documenting receipt promptly.

Before lease execution:

Provide disclosure to prospective tenants prior to signing.

Prior to occupancy:

Ensure current occupants have received updated disclosures before moving in.

After remediation:

Provide updated records and disclosures after any abatement or interim control work.

Program reporting:

Meet any program-specific deadlines for submission to funding agencies.

Retention start:

Date the form on receipt to trigger retention timelines.

Common mistakes to avoid

  • Failing to attach or reference test reports, leaving recipients unable to verify claims or remediation history.
  • Providing incomplete addresses or inconsistent property identifiers that complicate audits and enforcement.
  • Using initials or informal signatures where full-name signings are required for attribution and liability protection.
  • Not retaining a signed copy in program records, which creates gaps during compliance reviews or tenant disputes.

Potential consequences of incorrect or missing disclosures

Civil penalties: Monetary fines and administrative sanctions
Loss of funding: Program grants or assistance could be affected
Tenant claims: Exposure to tenant lawsuits and remedies
Remediation costs: Required abatement or corrective work expenses
Reputational risk: Damage affecting tenant recruitment and oversight
Regulatory action: Inspections, notices, or enforcement orders

eSignature vendor comparison for managing disclosures

Compare common vendor pricing and capability criteria relevant to executing and storing lead-disclosure forms; signNow is listed first per platform comparison convention.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/yr Varies Varies Varies

Frequently asked questions and troubleshooting

Answers to common questions about when to use the disclosure, signer identity, electronic delivery, and recordkeeping for 42 U.S. Code § 4852d obligations.


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