The District’s Lead-Hazard Prevention and Elimination Act requires owners of residential properties built before 1978 to disclose any information reasonably known to the property owner about the presence of lead-based paint, lead-based paint hazards, and any pending actions related to lead ordered by a District government agency. The disclosures must be provided to prospective buyers or tenants, and must occur before they are obligated under any contract to purchase or lease the property. The disclosures must be made on the form issued by DOEE and provided below. See DC Official Code § 8-231.04 for these statutory provisions, and please read the Instructions provided below for important additional information about federal disclosure requirements. Additional significant implementation details are provided in the District regulations promulgated on July 26, 2013, specifically in section 3313 of the regulations.
The Lead Water Service Line Replacement and Disclosure Amendment Act of 2018 requires owners of rental residential properties built before 1986 to disclose their knowledge of lead service lines, lead-bearing plumbing, whether any portion of the lead water service line on private and public property has been replaced, whether the property is included on the DC Water website as a property with lead water service lines, any issued civil fines, fees, or penalties for failure to disclose lead water service lines and/or lead bearing plumbing at the property, and any reports or documents or results of any lead tests conducted on the water supply for the property.
Lead Disclosure Form Amendment
DOEE is proposing to amend the DC Lead Disclosure Form to include disclosure to tenants of information related to lead plumbing and water systems, which is a requirement of Section 3 of the Lead Water Service Line Replacement and Disclosure Amendment Act of 2018, effective March 13, 2019 (D.C. Law 22-241; D.C. Official Code § 42–1305 (2019 Supp.) (the "Act"). DOEE is providing these proposed amended forms (attached below) in conjunction with DCRA's proposed rulemaking to amend the Real Property Seller’s Disclosure Statement as required by Section 4 of the Act.
DOEE is proposing to split the DC Lead Disclosure Form into two forms. The proposed DC Rental Lead Disclosure Form would be provided to tenants renting property and requires disclosure of information on lead plumbing and water systems in addition to previously required disclosure of information related to lead-based paint. The proposed DC Sales Lead Disclosure Form would be used only for property sales and is limited to previously required disclosures regarding lead-based paint. When these forms and the DCRA regulations are finalized, property sellers will provide information on lead plumbing and water systems on the Real Property Seller's Disclosure Statement.
DOEE is accepting comments on the proposed forms and will notify the public on its website when final forms are available. Owners of rental property and property sellers should continue using the DC Lead Disclosure form dated June 2019 until a final amended form is published on DOEE's website. Please submit all comments on the proposed DC Rental Lead Disclosure Form and DC Sales Lead Disclosure Form to [email protected] no later than December 29, 2019.