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New York Lead-Based Paint Disclosure

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Lead-Based Paint Disclosure (Sales)

WARNING! LEAD FROM PAINT, DUST, AND SOIL CAN BE DANGEROUS
IF NOT MANAGED PROPERLY

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

Lead Warning Statement

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):

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

Purchaser's Acknowledgment (initial)

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

Agent's Acknowledgment (initial)


Certification of Accuracy for Lead-Based Paint Disclosure

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. Penalties for failure to comply with Federal Lead-Based Paint Disclosure Laws include treble (3 times) damages, attorney fees, costs, and a penalty up to $10,000 for each violation.

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What the New York Lead-Based Paint Disclosure Is

New York Lead-Based Paint Disclosure is a legally required notice and record used when selling or leasing residential properties built before 1978. It informs buyers or tenants about known lead-based paint hazards, provides available records and reports, and documents delivery of the federally required EPA pamphlet Protect Your Family From Lead in Your Home. The disclosure supports compliance with the Residential Lead-Based Paint Hazard Reduction Act and EPA/HUD implementing regulations, and it creates a contemporaneous written record that parties sign and date to acknowledge receipt. Keep completed disclosures with closing or leasing paperwork.

Why Completing This Disclosure Matters

Completing the New York Lead-Based Paint Disclosure documents known lead information, satisfies federal disclosure obligations, and reduces liability by creating a signed record of receipt. It also helps buyers and tenants make informed decisions about inspections, repairs, and lead-hazard abatement before occupancy or closing.

Why Completing This Disclosure Matters

Who Prepares and Receives This Form

Real estate sellers, landlords, property managers, and brokers commonly prepare the New York Lead-Based Paint Disclosure for pre-1978 housing transactions.

  • Sellers and listing agents: disclose known lead records, provide EPA pamphlet, and collect signed acknowledgment.
  • Landlords and property managers: include disclosure in lease paperwork and retain copies for tenant files.
  • Inspectors and contractors: review disclosures before renovation to confirm RRP requirements apply.

Core Elements Included in a Professional Disclosure

This section summarizes the standard elements found in a New York Lead-Based Paint Disclosure form and documents provided with residential transactions built before 1978.

Property Details

Address, year of construction, unit number, and seller/landlord contact information. Accurate property details link the disclosure to the specific residence and closing or lease documents.

Lead Records

Statement disclosing known lead-based paint presence, results from inspections or risk assessments, and copies of any available reports or treatment records provided to the buyer or tenant.

EPA Pamphlet

Acknowledgment that the EPA pamphlet Protect Your Family From Lead in Your Home was provided, or that the pamphlet was declined in writing by the recipient.

Signatures

Signature and date lines for sellers/landlords and buyers/tenants certifying receipt and acknowledgement; include printed names and contact details for each signatory.

Inspection Rights

Statement advising buyers or tenants of their right to conduct lead inspection or risk assessment before sale or lease, including timelines where applicable.

Records Retention

Instructions on document retention, where to store copies, and recommended retention periods for sellers, landlords, and agents handling the transaction.

Required Information and Field Checklist

Property Address: Street, city, state, ZIP.
Construction Year: Year structure completed (YYYY).
Known Lead Info: Inspection or report summaries.
EPA Pamphlet: Receipt or declination noted.
Signatures: Seller/landlord and buyer/tenant.
Date Filed: Enter date in MM/DD/YYYY format.

Step-by-Step: Completing the Disclosure

Follow these steps to prepare and deliver the New York Lead-Based Paint Disclosure accurately and retain required records.

  • 01
    Collect Property Info: Confirm address, construction year, and unit identifiers.
  • 02
    Gather Records: Locate lead inspection reports and treatment records to attach.
  • 03
    Provide Pamphlet: Give EPA pamphlet or record written refusal by recipient.
  • 04
    Sign and Distribute: Obtain all signatures, date, and give copies to parties.

Configuring an Online Disclosure Workflow

Configure an online form to capture required fields, attach reports, collect signatures, and maintain an audit trail for compliance and recordkeeping.

Field Configuration
Field Mapping Auto-map property and party fields to closing dataset.
Attachment Options Allow PDFs and images for inspection reports.
Signature Types Enable ESIGN-compliant electronic and drawn signatures.
Authentication Use email link, SMS code, or identity verification as needed.
Retention Settings Set document retention and export to PDF/A for archiving.

Where to Send and Store Completed Disclosures

After completion, deliver the disclosure to buyers or tenants and retain a signed copy with transaction records or lease files.

  • Buyer/Tenant Copy: Provide signed copy to buyer or tenant at or before contract signing.
  • Seller/Landlord File: Retain original disclosure with closing or lease records for the appropriate retention period.
  • Broker/Agent Copy: Keep a duplicate in broker files as proof of disclosure delivery.
  • Optional Filing: Attach to closing statements or lease exhibits when recording transaction history.

Technical Requirements for eSigning and eSubmission

Use eSignature platforms that meet ESIGN and New York ESRA standards and retain reproducible records for audit.

  • File Formats: PDF and PDF/A supported.
  • Integrations: Works with MLS, CRM, and cloud storage.
  • Authentication: Email, SMS, or identity verification options.

Key Timelines and Deadlines to Observe

Key timelines: disclosure delivery, inspection opportunity, and record retention obligations affect sales and leasing schedules.

Disclosure Delivery Deadline:

Deliver before sale contract execution or prior to lease signing.

Inspection Period:

Buyers have a right to inspect; timing negotiated in contract.

Record Retention Start:

Retention begins at closing or lease commencement date.

Retention Minimums:

Keep copies per federal and state retention rules.

Inspection Report Delivery:

Provide any inspection reports promptly when requested by buyers.

Common Preparation Errors to Avoid

  • Not providing the EPA pamphlet or failing to document delivery; omission can breach federal disclosure obligations and increase post-closing liability risk.
  • Using incomplete property identification, such as omitting unit numbers or county, which can make the disclosure ineffective for a specific dwelling.
  • Accepting unsigned or undated disclosures; a missing signature or date undermines proof of delivery and may be contested in disputes.
  • Assuming e-signatures are invalid without confirming ESIGN compliance and platform audit trails, which must demonstrate intent, attribution, and record integrity.

Consequences of Incomplete or Incorrect Disclosures

Federal Noncompliance: Civil liability under federal law.
Contract Rescission: Buyer may rescind transaction.
Monetary Damages: Damages, costs, attorney fees.
Administrative Penalties: EPA or HUD enforcement actions.
Ineffective Release: Waivers may be unenforceable.
Recordkeeping Risk: Loss of defense in disputes.

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Frequently Asked Questions

Answers to common questions about completing, signing, and storing the New York Lead-Based Paint Disclosure, including e-signature and recordkeeping concerns.


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