Lead-based paint in older apartment units poses a serious health threat to the nation's children. That's why federal regulations require landlords and leasing agents to disclose known lead-based paint hazards to prospective tenants and provide them with a booklet about the dangers of lead-based paint.

Years ago, not much was known about the dangers of lead-based paint in rental housing, but in the 1970s, research began to reveal that children exposed to lead poisoning from chipping and peeling paint could suffer learning disabilities, hearing difficulties and growth retardation. These problems occur when children eat lead-based paint chips or soil that contains lead from paint or breathe air polluted by lead-based paint dust. Lead dust enters the air when lead-based paint is dry scraped, dry sanded or heated and can reenter the air if someone vacuums, sweeps or walks through the dust. Common culprits for chipped or peeling paint include windows, window sills, doors, door frames, stairs, railings, banisters, porches and fences.

The regulations promulgated by the U.S. Department of Housing and Urban Development and the U.S. Environmental Protection Agency (EPA) apply to homes and apartments built before 1978, the year lead-based paint was banned from use. Exemptions exist for dwellings with zero bedrooms (e.g., studio or efficiency apartments, dormitory housing and military barracks); housing specifically for elderly or disabled persons, unless a child under the age of six is expected to reside in the home; housing that has been certified as free of lead-based paint and housing leased for 100 or fewer days (e.g., motel or hotel rooms and vacation rentals). The regulations also don't apply to renewals of existing leases when the disclosures already have been made.

Before a prospective tenant becomes obligated under a lease or rental agreement, the landlord must disclose any known lead-based paint hazards (including lead paint dust), insert appropriate warning statements about lead-based paint into the lease or rental agreement and provide the tenant with a copy of the EPA-approved booklet, "Protect Your Family From Lead in the Home," and copies of any reports from prior lead-based paint inspections.

Real estate brokers acting as leasing agents have obligations under the law too. Specifically, they are required to inform the landlord about the regulations and make an effort to ensure compliance. Leasing agents face no liability exposure for failure to disclose information of which they are unaware.

Home buyers have a legal right to conduct a lead-based paint inspection of the home they intend to purchase, but tenants have no such right under the regulations. Landlords must disclose any hazards of which they themselves are actually aware, but they have no obligation under the regulations to test for the presence of lead-based paint. Tenants can request a lead-based paint inspection or negotiate an inspection right into the lease or rental agreement for the apartment.