Multi-state · April 22, 2026

Federal Lead Paint Disclosure, 24 CFR 35 for Pre-1978 Units (All 50 States)

Federal law requires every US landlord of a residential unit built before 1978 to disclose known lead-based paint hazards to prospective tenants. The rule lives at 24 CFR Part 35, enforced by HUD and the EPA. It applies in all 50 states, regardless of state-law differences.

The 24 CFR 35 rule

24 CFR Part 35 (the "Lead Disclosure Rule") requires:

Written disclosure of any known lead-based paint or lead-based paint hazards.
Delivery of the EPA-approved pamphlet "Protect Your Family From Lead in Your Home".
A signed acknowledgment from the tenant.
Retention of the signed disclosure for 3 years.

Who has to disclose

All landlords of residential "target housing" built before 1978. Target housing excludes:

Housing for the elderly (no children under 6).
Housing for people with disabilities (no children under 6 in residence).
Short-term rentals of less than 100 days.
Zero-bedroom units (studios, loft apartments where the bedroom is not separated).

Everything else, including single-family homes, apartments, condos, and co-ops, is covered.

What the disclosure must say

The disclosure must:

State that the property was built before 1978 and may present lead hazards.
List any known lead-based paint in the unit.
Provide any available reports on lead in the unit.
Include the tenant's acknowledgment and signature.
Include the landlord's certification that the disclosure was made.

The EPA pamphlet requirement

The EPA's "Protect Your Family From Lead in Your Home" pamphlet must be given to the tenant. The pamphlet is available free from epa.gov/lead.

Penalties for non-compliance

Violation of 24 CFR 35 can result in:

Up to $21,000 per violation (civil penalty, adjusted annually).
Triple damages in a private action.
Attorney's fees and costs.

Where it fits in a lease

Every LeaseKit residential lease template for a pre-1978 flagged unit includes the 24 CFR 35 disclosure, the signed acknowledgment section, and a reference to the EPA pamphlet. $29 per state-specific lease.

This post is informational. Federal lead paint disclosure applies to every US landlord of pre-1978 units. For contested cases, consult a licensed attorney.