Governmental Issues

Lead Paint Disclosure

In accordance with the law, all sellers of houses built prior to 1978 are required to disclose the presence of lead or any other hazardous materials that may be found in their home if the seller knows of the existence of these hazards. Lead-based paint was outlawed for residential use in 1978. Prior to that, it was commonly used in homes because of its resiliency. As a result, all owners of homes built prior to 1978 are required to complete a lead disclosure statement prior to sale disclosing their knowledge or lack of knowledge, regarding lead paint hazards.

All sellers must make available a federally generated brochure, entitled: Protect Your Family From Lead in Your Home to all buyers. Because most homes are sold with the assistance of a RealtorŪ, it is the RealtorŪ who usually dispenses these brochures and provides the seller with the necessary forms. This brochure must be made available and disclosure made prior to the time the purchaser is obligated to purchase the house.

If your home is not listed, you may be able to obtain a copy of this brochure from your local RealtorŪ, or you may obtain copies by contacting the United States Environmental Protection Agency's (EPA) regional office at: EPA Region 2, Building 5, 2980 Woodbridge Avenue, Edison, NJ 08837-3679, phone: (908) 321-6671. All sellers must make available a federally generated brochure, entitles: "Protect Your Family From Lead in Your Home" to all buyers.

In addition, as a seller, by law, you are required to allow the buyer a 10-day window of opportunity within which he or she can have the home tested for lead or other hazardous materials, at their own expense, prior to a contract of sale. Should lead or any other potentially hazardous materials be detected, the buyer could choose to walk away, or could even re-open the negotiations based on these findings.

For more information on these requirements, call the National Lead Information Clearinghouse at 1-800-424-LEAD.

Megan's Law

The tragic death of 7-year old Megan Kanka of New Jersey, was the catalyst for new legislation pertaining to the disclosure of those convicted of crimes against children. New York State is just one of 43 states that now has its own version of Megan's Law. While no specific federal guidelines exist with regard to disclosure.

New York State's Megan's Law requires the disclosure of sexual offenders if they are currently living in "close proximity" to the home for sale. Sellers may ultimately be required to disclose this information to any buyer who asks. Information can be obtained by dialing 1-900-288-3838, Monday through Friday, between 8 am and 5pm. Callers will reach the Division of Criminal Justice Services (DCJS), who will provide information regarding those listed on the State's Sex Offender Registry. New York State's Megan's Law requires the disclosure of sexual offenders if they are currently living in "close proximity" to the home for sale.
The cost of the call is $5.00, and callers are required to provide correct name, and either an exact street address, social security number, birth date, or driver's license number of the person in question. As of March 31, 1998, there were 7,128 cases on the Registry.

Fair Housing Requirements

Federal law prohibits homeowners, landlords, real estate agents, or lenders from refusing to rent or sell to any person on the basis of their race, religion, color, sex, national origin, handicap, or children/familial status.

The Fair Housing Act prohibits the making, printing or publishing of any statement, notice or advertisement in connection with the sale or rental of housing which expresses a preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.
A general rule is to describe the property, not the purchaser, tenant, seller, owner, neighbor, etc. Wording which describes a person or group of persons, community or neighborhood is likely to express discrimination if reference is made, either directly or indirectly.


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