The Department of Excise and Licenses is sharing information from the U.S. Environmental Protection Agency (EPA) about lead-based paint disclosure information and guidance for licensed long-term renters (30 days or more) of housing in Denver that is of pre-1978 construction.

As owners, landlords, agents and managers of rental property, you play an important role in protecting the health of your tenants and their children. Buildings built before 1978 are much more likely to have lead-based paints somewhere in the property, which can pose a health risk to humans in certain conditions. There are several federal and state regulations to be aware of if you own or manage a pre-1978 rental property.

Lead disclosure

Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly referred to as the “Lead Disclosure Rule,” requires sellers and lessors of pre-1978 housing to provide certain important information about lead-based paint and/or lead-based paint hazards to prospective buyers and lessors before their obligation under contract to buy or lease from you.

Landlords must give prospective tenants of target housing, including most buildings built before 1978:

  • An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards.
  • Any known information concerning lead-based paint or lead-based paint hazards pertaining to the building. This includes all lead testing documentation that might exist as well as records or reports of work that might have been performed to reduce or eliminate lead hazards. For multiunit buildings, this requirement includes records and reports concerning common areas and other units when such information was obtained because of a building-wide evaluation.
  • A lead disclosure attachment to the lease, or language inserted in the lease, that includes a “lead warning statement” and confirms you have complied with all notification requirements. This sample disclosure form that, if completed correctly and accurately, satisfies the requirements of the lead disclosure rule.

Renovation, repair and painting rule

As licensees, landlords, property owners or property managers under Denver’s residential rental property program, you are responsible for assuring that human exposures to lead-based paints does not occur for families residing in pre-1978 housing, and particularly children.

Federal legislation implemented in 2010 under the EPA Lead Renovation, Repair and Painting (RRP) Rule program was designed to provide guidance to property owners, landlords, property managers and tenants of properties that were built before 1978, with regulatory compliance information that would minimize the risk of human exposures to lead (Pb) from lead-based paints in housing in the U.S. Information on compliance requirements under the EPA RRP Rule, which can be found here.

If you have questions about the EPA Renovation, Repair and Painting Rule, contact the EPA Region 8 Lead Program hotline at 303-312-6169 or email [email protected].

State requirements

Colorado regulates certain activities involving lead-based paint in pre-1978 housing. Colorado Regulation 19, The Control of Lead Hazards Part A requires that companies and individuals conducting lead-based paint activities are trained and certified. This includes activities such as lead paint abatement, lead paint inspections, and lead hazard risk assessments.

Colorado Regulation 19 Part B requires contractors (including landlords and property managers) that would disturb lead-based painted surfaces to provide lead information to residents before painting, renovating, or repairing pre-1978 housing. The state regulation requires contractors give property owners and tenants a pamphlet before starting work.

More information is available on the Colorado Department of Public Health and Environment’s (CDPHE) website. For questions, call CDPHE at 720-507-5136 or email [email protected].

Share this message with any other stakeholders and encourage them to sign up for the residential rental property informational bulletin to receive news and updates as they become available.

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If you have questions or comments about residential rental licensing in Denver, email [email protected].