U.S. Department of Housing and Urban Development

H O U S I N G

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Special Attention of: Notice H 92-62 (HUD)

Issued: August 11, 1992

All Regional Administrators Expires: August 21, 1993

All Regional Directors of Housing
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All Field Office Managers Cross References:

All Chief Property Officers

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Subject: Revised Lead-Based Paint Hazard Notice and

Disclosure Requirements

Attached is the Notice, Watch Out For Lead-Based Paint

Poisoning! Effective October 1, 1992, this Notice must be signed

and dated by all purchasers of properties constructed before 1978

on or before the date the purchaser executes the form HUD-9548,

Sales Contract. This Notice supersedes publication HUD-1131-H,

Watch Out for Lead Paint Poisoning, which is now obsolete.

In order to ensure that this new requirement is met, the

attached Addendum to the Sales Contract, dated 5/92 and entitled

Lead-Based Paint Health Hazard - Property Constructed Prior to

1978, must be submitted by all purchasers of properties

constructed before 1978. This Addendum is to be used in place of

the present Addendum to the Sales Contract, entitled Lead-Based

Paint Health Hazard-Property Constructed Prior to 1978,

Owner-Occupant Purchaser, shown at Appendix 58 of HUD Handbook 4310.5

REV. 1.

Please provide the Addendum and Notice to brokers. Brokers

are to reproduce the Notice and give it to purchasers on or

before the Sales Contract is executed. Brokers must also

reproduce the Addendum and ensure that the Addendum is appended,

with original signatures, to the Sales Contract. If the Addendum

is not included with the Sales Contract, the Field Office may, at

its discretion, allow the broker an appropriate amount of

additional time to provide the Addendum, before accepting the

next best bid or relisting. Without the Addendum, Field Offices

may not accept a Sales Contract. If FHA financing is used, the

broker must provide the Notice, with original signature, to the

lender.

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HSIP: Distribution: W-3-1, W-2(H), W-3(A)(H)(OGC)(ZAS), W-4(H), R-1,
R-2,

R-3, R-3-1, R-3-2, R-3-3, R-6, R-6-1, R-6-2, R-7,

R-7-1, R-8

Previous Editions Are Obsolete HUD 21 B(3-80)

GPO 871 902

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The lead paint disclosure requirements contained herein are

intended to be an interim procedure, pending revision of form

HUD-9548, Sales Contract. Future requirements for lead paint

disclosure will be included with instructions for use of the

revised Sales Contract. In the interim, the Addendum and Notice

must also be included in future Broker Information Packages.

Please note that the new Notice, Watch out For Lead Paint

Poisoning! must also be used for renters. Renters, however, are

not required to sign the Notice.

Please call the Single Family Property Disposition Division

at (202) 708-0740 or (202) 708-1832 if you have any questions

concerning this matter.

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Assistant Secretary for Housing

\- Federal Housing Commissioner

Attachments

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U. S. Department of Housing and Urban Development

NOTICE TO PURCHASERS AND RENTERS OF HOUSING CONSTRUCTED BEFORE 1978

WATCH OUT FOR LEAD-BASED PAINT POISONING!

If the home you intend to purchase was built before 1978, it may contain

lead-based paint. About three out of every four pre-1978 buildings have

lead-based paint.

YOU NEED TO READ THIS

NOTICE ABOUT LEAD

WHAT IS LEAD POISONING?

Lead poisoning means having high concentrations of lead in the body.

LEAD CAN:

o Cause major health problems, especially in children under

7 years old.

o Damage a child\'s brain, nervous system, kidneys, hearing,

or coordination.

o Affect learning.

o Cause behavior problems, blindness, and even death.

o Cause problems in pregnancy and affect a baby\'s normal

development.

WHO GETS LEAD POISONING?

Anyone can get it, but children under 7 are at the greatest risk,
because

their bodies are not fully grown and are easily damaged. The risk is
worse

if the child:

o Lives in an older home (built/constructed before 1978,

and even more so before 1960).

o Does not eat regular meals (an empty stomach accepts lead

more easily).

o Does not eat enough foods with iron or calcium.

o Has parents who work in lead-related jobs.

o Has played in the same places as brothers, sisters, and

friends who have been lead poisoned. (Lead poison cannot

be spread from person to person. It comes from contact

with lead.)

Women of childbearing age are also at risk, because lead poisoning can

cause miscarriages, premature births, and the poison can be passed onto

their unborn babies.

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WHERE DOES IT COME FROM?

The lead hazards that children most often touch are lead dust, leaded
soil,

loose chips and chewable surfaces painted with lead-based paint. A child

may be harmed when it puts into its mouth toys, pacifiers, or hands that

have leaded soil or lead dust on them. Lead also comes from:

o Moving parts of windows and doors that can make lead dust

and chips.

o Lead-based paint on windows, doors, wood trim, walls and

cabinets in kitchens and bathrooms, on porches, stairs,

railings, fire escapes and lamp posts.

o Soil next to exterior of buildings that have been painted

with lead-based paint and leaded gasoline dust in soil near

busy streets.

o Drinking water (pipes and solder).

o Parents who may bring lead dust home from work on skin,

clothes, and hair.

o Colored newsprint and car batteries.

o Highly glazed pottery and cookware from other countries.

o Removing old paint when refinishing furniture.

In recent years some uses of lead in products that could cause lead

poisoning have been reduced or banned. This is true for lead in
gasoline,

lead in solder used in water pipes, and lead in paint. Still, a great

deal of lead remains in and around older homes, and lead-based paint and

accompanying lead dust are seen as the major sources.

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HOW DO I KNOW IF MY CHILD IS AFFECTED?

Is your child:

o Cranky? o unable to concentrate?

o Vomiting? o Hyperactive?

o Tired? o Playing with children

o Unwilling to eat or play? who have these

o Complaining of stomach symptoms?

aches or headaches?

These can be signs of lead poisoning. However, your children might not

show these signs and yet be poisoned; only your clinic or doctor can
test

for sure.

WHAT CAN I DO ABOUT IT?

Your child should first be tested for lead in the blood between six
months

and one year old. Ask the clinic or your doctor to do it during a
regular

checkup. Your doctor will tell you how often you should have your child

tested after that. A small amount of lead in the blood may not make your

child seem very sick, but it can affect how well he or she can learn.

If your child does have high amounts of lead in the blood, you should
seek

treatment and have your home tested for lead-based paint and lead dust.

HOW DO I KNOW IF MY HOME HAS LEAD-BASED PAINT?

The HUD inspection does not determine whether a home actually has

lead-based paint. It only identifies whether there is defective paint

in a home that might have lead-based paint. Therefore, the only way you

can know for sure is to have the home tested by a qualified firm or

laboratory. Both the interior and exterior should be tested. You should

contact you local health or environmental office for help.

WHAT DO I DO IF MY HOME DOES HAVE LEAD?

Do not try to get rid of lead-based paint yourself, you could make
things

worse for you and your family. If your home contains lead-based paint

and your are the owner, contact a company that specializes in lead-based

paint abatement. Have professionals do the job correctly and safely.

This may cost thousands of dollars, depending on the amount of
lead-based

paint found in your home, but it will also protect you and your children

from the effects of lead poisoning. If you are a renter, notify the

management or landlord immediately and cooperate with the management\'s

office or landlord\'s efforts to repair any deficiencies and keep your
home

in good shape. To prevent peeling paint, most housing should be
repainted

every three to five years. If your home has not been repainted within

this period of time, inform the management office or landlord. In the

meantime, there are things you can do immediately to protect your child:

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o Keep your child away from paint chips and dust.

o Wet-mop floors and wipe down surfaces often, especially

where the floors and walls meet. Be sure to clean the

space where the window sash rests on the sill. Keeping

the floor clear of paint chips, dust and dirt is easy

and very important. Do not sweep or vacuum lead-based

paint chips or lead dust with an ordinary vacuum cleaner.

Lead dust is so fine it will pass through a vacuum

cleaner bag and spread into the air you breathe.

o Make sure your children wash their hands frequently and

always before eating.

o Wash toys, teething rings, and pacifiers frequently.

WILL HUD INSURE A MORTGAGE LOAN ON A HOME WITH LEAD-BASED PAINT?

HUD will insure a mortgage on a house even if it has lead-based paint.

If you purchase a property with lead-based paint, HUD will not remove
it.

You will have to pay for the cost of removal yourself.

ACKNOWLEDGEMENT (Purchasers only)

I acknowledge that I have received and read a copy of this Notice before

signing the sales contract to purchase my property.

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Date Signature(s)

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ADDENDUM TO SALES CONTRACT

LEAD-BASED PAINT HEALTH HAZARD - PROPERTY CONSTRUCTION PRIOR TO 1978

(This addendum survives the closing of the sale.)

This property was constructed prior to 1978 and a lead-based paint

health hazard may be present. This addendum must be signed by all

purchasers, dated on or before the date of the Sales Contract, and

forwarded to HUD with the Sales Contract. Contracts which are not in

conformance with these instructions will not be accepted by HUD.

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(FHA Case Number) (Property Address)

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SECTION A (APPLICABLE To OWNER-OCCUPANT AND INVESTOR PURCHASERS)

1\. This addendum replaces the last sentence of Condition K on the

reverse of the Sales Contract.

2\. Purchaser hereby acknowledges and certifies that he/she/it:

a\. Has received the Notice entitled Watch Out For Lead-Based

Paint Poisoning!

b\. Understands the contents of the aforementioned Notice.

c\. Has signed the aforementioned Notice on the same or earlier

date as the Sales Contract.

3\. If purchaser\'s offer involves FHA-insured financing, purchaser

understands that the mortgage lender must be provided, as a

condition to processing the mortgage application, with the

aforementioned Notice, containing purchaser\'s original signature

and date.

SECTION B (TO BE COMPLETED BY OWNER-OCCUPANT PURCHASER ONLY)

(Check and complete the following, as appropriate.)

I (we) do not have a child under the age of seven years.

I (we) do have a child under the age of seven years.

Their names and ages are as follows:

Name Age

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ADDENDUM TO SALES CONTRACT

(Continued)

(Check only one of the following blocks if children under seven are

indicated above.)

I (we) understand that within 15 days after acceptance by HUD

of my (our) offer to purchase, I (we) will, at my (our)

expense, have each of the above-named children tested for an

elevated blood level (EBL) and that I (we) will provide

these test results to HUD. If I (we) fail to provide the test

results to HUD within the 15-day time frame, the contract

will be canceled immediately without further notice. Further,

I understand that if an EBL condition is identified, and the

property tests positive for the presence of lead-based paint,

HUD may elect not to treat the property. In such a case,

the contract will be canceled and the earnest money refunded.

I (we) fully understand that if a blood lead level screening

program is not reasonably available, if I (we) refuse to have

my (our) child(ren) tested or, if HUD is unable to test the

property for the existence of lead-based paint, I (we) have the

option of closing this sale. I (we) hereby acknowledge that

this property I (we) am (are) purchasing from the Department

of Housing and Urban Development may contain lead-based paint.

However, despite this possibility, I (we) elect to close the

sale on this property. Further, I (we) agree to hold HUD

harmless for this action.

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(Signature of Witness) (Signature of Purchaser)

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(Date) (Signature of Purchaser)

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(Date)

NOTE TO REAL ESTATE BROKERS: TO ENSURE PROPER CONSIDERATION OF YOUR

CLIENT\'S OFFER TO PURCHASE A PROPERTY CONSTRUCTED PRIOR TO 1978, THIS

ADDENDUM MUST BE ATTACHED TO AND MADE A PART OF EACH SALES CONTRACT.

BROKERS ARE RESPONSIBLE FOR REPRODUCING THIS DOCUMENT.

(7/92)

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\*U.S. Government Printing Office: 1992 - 312-218/60236