40 C.F.R. § 745.101
§ 745.101 Scope and applicability. (40 CFR Part 745)
Operative Text
This subpart applies to all transactions to sell or lease target housing, including subleases, with the exception of the following: (a) Sales of target housing at foreclosure. (b) Leases of target housing that have been found to be lead-based paint free by an inspector certified under the Federal certification program or under a federally accredited State or tribal certification program. Until a Federal certification program or federally accredited State certification program is in place within the State, inspectors shall be considered qualified to conduct an inspection for this purpose if they have received certification under any existing State or tribal inspector certification program. The lessor has the option of using the results of additional test(s) by a certified inspector to confirm or refute a prior finding. (c) Short-term leases of 100 days or less, where no lease renewal or extension can occur. (d) Renewals of existing leases in target housing in which the lessor has previously disclosed all information required under § 745.107 and where no new information described in § 745.107 has come into the possession of the lessor. For the purposes of this paragraph, renewal shall include both renegotiation of existing lease terms and/or ratification of a new lease.
Under 40 CFR Part 745 § 745.101, federal lead-paint disclosure rules apply broadly to sales and leases of 'target housing' (most pre-1978 residential dwellings), including subleases. However, the rule carves out four categories: foreclosure sales, leases of housing certified lead-free by a qualified inspector, short-term leases of 100 days or fewer with no renewal option, and lease renewals where the landlord has already made all required disclosures and has no new lead-related information to share. These exemptions define the boundaries of when the disclosure obligations in this subpart are triggered.
Plain English — not legal advice.
Property owners and managers covered by 40 CFR Part 745 § 745.101 generally ensure that lead-paint disclosure requirements are met for every sale or lease of pre-1978 residential housing unless a specific exemption clearly applies. Compliant operators typically document the basis for any claimed exemption—such as a certified inspector's lead-free finding or a prior disclosure record for a renewing tenant—and retain those records. When a renewal involves new lead-related information, operators generally treat the transaction as subject to full disclosure obligations under § 745.107.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 40 CFR Part 745 § 745.101, most renters of pre-1978 housing are entitled to lead-paint disclosures before signing, unless a specific exemption applies to their lease. Tenants who believe a landlord improperly claimed an exemption—such as a short-term lease exception or a prior-disclosure renewal exemption—may have grounds to raise that issue as a violation, file a complaint with a relevant federal or state agency, or consult a tenant-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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