§ 8–231.04. Disclosure and risk reduction requirements.

(a)(1) The owner of a dwelling unit constructed before 1978 shall disclose to the purchaser or tenant of the dwelling unit information reasonably known to the owner about the presence of any of the following conditions in the unit:

(A) Lead-based paint;

(B) Lead-based paint hazards; and

(2) The disclosures shall be provided on the lead disclosure form provided by the Mayor.

(3) The disclosures shall be provided before the purchaser or tenant is obligated under any contract to purchase or lease the dwelling unit.

(b) The owner of a dwelling unit constructed before 1978, which unit will be occupied or regularly visited by a person at risk, shall provide to the tenant an accurately and fully completed lead disclosure form and a clearance report issued within the previous 12 months. The disclosures required by this subsection shall be disclosed before the tenant is obligated under any contract to lease the dwelling unit.

(c) If a tenant of a dwelling unit constructed before 1978, in which unit a person at risk resides or which unit a person at risk regularly visits, notifies the owner of the property in writing that a person at risk resides in or regularly visits the dwelling unit, the owner of the dwelling unit shall provide to the tenant within 30 days a clearance report issued within the previous 12 months.

(d) Instead of providing the disclosure form and clearance report required by this section, an owner may provide:

(1) A report from a risk assessor or inspector certifying that the dwelling unit is a lead-free unit; provided, that for the purposes of this subsection, the term “lead-free unit” shall mean the definition of lead-free unit in effect at the time of unit certification; or

(2) Three clearance reports issued at least 12 months apart and within the previous 7 years; provided, that the property was not, and is not, subject to any housing code violations that occurred during the past 5 years or any that are outstanding.

(e) The owner of a dwelling unit shall provide notice to its tenants of their rights under this subchapter on a form provided by the Mayor whenever the tenant executes or renews a lease for the unit and whenever the owner provides notice of a rent increase.

(f) If the owner of a dwelling unit learns of the presence of lead-based paint in a dwelling unit, the owner shall:

(1) Notify the tenant of the presence of lead-based paint within 10 days after discovering its presence; and

(2) Provide the tenant with a Lead Warning Statement described in 40 C.F.R § 745.113 and the lead hazard information pamphlet described in section 1018 of the Residential Land-Based Paint Hazard Reduction Act of 1992, approved October 28, 1992 (106 Stat. 3910; 42 U.S.C. § 4852d); provided, that the Lead Warning Statement and lead hazard information pamphlet need not be provided if they have been provided to the tenant within the prior 12 months.

(g) Twelve months after the effective date of rules implementing this subchapter, the Mayor shall submit a report on the status of the implementation of this section. The report shall include:

(1) A statement on the capacity, to date, of both the private and public sector to carry out the provisions of this section in all units in buildings built before 1950; and

(2) An analysis of other factors which may impact expanding compliance to all units in buildings built before 1950, such as existing federal requirements, cost, and liability.

(h)(1) Within 90 days after March 31, 2011, the Mayor shall:

(A) Provide the lead disclosure form to be used as the basis for the lead disclosure statement required by subsections (a) and (b) of this section; and

(B) Petition for approval from the EPA certifying that the District’s form meets the federal disclosure standards.

(2) The form issued by the Mayor as required by paragraph (1)(A) of this subsection shall include all elements required by 24 C.F.R. §§ 35.90 and 35.92 and 40 C.F.R. § 745.107, promulgated by Lead; Requirements for Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards in Housing, Final Rule, including the Lead Warning Statement, to meet the Federal standard for use of alternative disclosure forms.