Residential Lead-Based Paint Hazard Disclosure Requirements (Renewal)

Forms and Documents

Document Name	Status
Rule Familiarization - New Real Estate Agents Form and Instruction	Removed
Individuals Form and Instruction	New
Real Estate and Lessor Agents Form and Instruction	New
Tenant Acknowledgements of Disclosure Form and Instruction	Removed
Disclosures by Agents for Owners/Lessors (Landlords) Form and Instruction	Removed
Disclosures by Owners/Lessors (Landlords) Form and Instruction	Removed
Disclosure Requirement Explanations by Agents for Offerors Form and Instruction	Removed
Disclosure Acknowledgements by Offerors Form and Instruction	Removed
Disclosures by Agents for Home Sellers Form and Instruction	Removed
Disclosures by Private Home Sellers (Disclosures) Form and Instruction	Removed
Rule Familiarization - Private Sellers/Lessors Form and Instruction	Removed
Rule Familiarization - New Lessor Agents Form and Instruction	Removed
1710ss08_Attach8.doc Supplementary Document	2018-10-25
1710ss08_Attach7.pdf Supplementary Document	2018-10-25
1710ss08_Attach6.pdf Supplementary Document	2018-10-25
1710ss08_Attach5.pdf Supplementary Document	2018-10-25
1710ss08_Attach4.pdf Supplementary Document	2018-10-25
1710ss08_Attach3.docx Supplementary Document	2018-10-25
1710ss08_Attach2.docx Supplementary Document	2018-10-25
1710ss08_Attach1.docx Supplementary Document	2018-10-25
1710ss08.docx Supporting Statement A	2018-10-25

IC Document Collections

IC ID	Document Title	Status
24981	Rule Familiarization - New Real Estate Agents Form and Instruction	Removed
233731	Individuals Form and Instruction	New
233730	Real Estate and Lessor Agents Form and Instruction	New
182760	Tenant Acknowledgements of Disclosure Form and Instruction	Removed
182759	Disclosures by Agents for Owners/Lessors (Landlords) Form and Instruction	Removed
182758	Disclosures by Owners/Lessors (Landlords) Form and Instruction	Removed
182757	Disclosure Requirement Explanations by Agents for Offerors Form and Instruction	Removed
182756	Disclosure Acknowledgements by Offerors Form and Instruction	Removed
182755	Disclosures by Agents for Home Sellers Form and Instruction	Removed
182754	Disclosures by Private Home Sellers (Disclosures) Form and Instruction	Removed
182753	Rule Familiarization - Private Sellers/Lessors Form and Instruction	Removed
182752	Rule Familiarization - New Lessor Agents Form and Instruction	Removed

ICR Details

OMB Control No: 2070-0151	ICR Reference No: 201810-2070-004
Status: Active	Previous ICR Reference No: 201504-2070-003
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 1710.08
Title: Residential Lead-Based Paint Hazard Disclosure Requirements (Renewal)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/12/2019
	Date Received in OIRA: 10/25/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2022	36 Months From Approved	11/30/2019
Responses	56,299,873	0	45,146,814
Time Burden (Hours)	5,952,344	0	6,467,176
Cost Burden (Dollars)	13,047,705	0	0

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Abstract: Section 1018 of the Residential Lead Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852d) requires that sellers and lessors of most residential housing built before 1978 disclose known information on the presence of lead based paint and lead based paint hazards, and provide an EPA approved pamphlet to purchasers and renters before selling or leasing the housing. Sellers of pre-1978 housing are also required to provide prospective purchasers with ten days to conduct an inspection or risk assessment for lead based paint hazards before obligating purchasers under contracts to purchase the property. The rule does not apply to rental housing that has been found to be free of lead-based paint, zero-bedroom dwellings, housing for the elderly, housing for the handicapped, or short term leases. The affected parties and the information collection-related requirements related to each are described below: 1. Sellers of pre-1978 housing must attach certain notification and disclosure language to their sales/leasing contracts. The attachment lists the information disclosed and a statement of compliance by the seller, purchaser and any agents involved in the transaction. 2. Lessors of pre-1978 housing must attach notification and disclosure language to their leasing contracts. The attachment, which lists the information disclosed and a statement of compliance with all elements of the rule, must be signed by the lessor, lessee and any agents acting on their behalf. Agents and lessors must retain the information for three years from the completion of the transaction. 3. Agents acting on behalf of sellers or lessors are specifically required by Section 1018 to comply with the disclosure regulations described above.

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Authorizing Statute(s): US Code: 42 USC 4852d Name of Law: Residential Lead Based Paint Hazard Reduction Act of 1992
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 60194	12/20/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 53663	10/24/2018
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Disclosures by Agents for Owners/Lessors (Landlords)	None	Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (rental/lease of property)
Rule Familiarization - New Real Estate Agents	None	Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property)
Rule Familiarization - Private Sellers/Lessors	None, None	Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property) ,   Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (rental/lease of property)
Disclosures by Private Home Sellers (Disclosures)	None	Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property)
Disclosures by Agents for Home Sellers	None	Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property)
Disclosure Acknowledgements by Offerors	None	Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property)
Disclosure Requirement Explanations by Agents for Offerors	None	Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property)
Real Estate and Lessor Agents	NA	Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (purchase/sale of property)
Rule Familiarization - New Lessor Agents	None	Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (rental/lease of property)
Individuals	NA	Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (rental/lease of property)
Tenant Acknowledgements of Disclosure	None	Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (rental/lease of property)
Disclosures by Owners/Lessors (Landlords)	None	Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (rental/lease of property)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	56,299,873	45,146,814	0	0	11,153,059	0
Annual Time Burden (Hours)	5,952,344	6,467,176	0	0	-514,832	0
Annual Cost Burden (Dollars)	13,047,705	0	0	0	13,047,705	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is a decrease of 514,832 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease to the estimated number of respondents based on updates to data sources, and revisions based on market factors, e.g., declines in the numbers of new rentals and declines in the amount of owner-occupied target housing in the market. This change is an adjustment.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/25/2018

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