Lead-based paint is defined by the federal government as paint with lead levels greater than or equal to 1.0 milligram per square centimeter, or more than 0.5% by weight. Approximately three-quarters of the nations housing built before 1978 contains some lead-based paint.

Lead poisoning can cause permanent damage to the brain and many other organs and causes reduced intelligence quotient and behavioral problems. Lead can also cause abnormal fetal development in pregnant women.

Nationwide disclosure requirements pertaining to lead-based paint have been in place since 1996. They are triggered whenever a home built prior to 1978 is either rented, transferred, or sold. These requirements apply to all transactions involving pre-1978 residential dwellings, except for: foreclosure sales; housing set aside for the elderly and housing set aside for the handicapped (provided no children under the age of six live there or are expected to live there); 0-bedroom units, otherwise known as studio apartments; efficiencies; lofts; military barracks; dormitories; rental housing that has been inspected by a certified lead inspector and found to be free of lead-based paint; rentals of individual rooms; and leases for less than 100 days.

Sellers and landlords of properties built prior to 1978 must disclose any knowledge of lead hazards in the home, and mustgive buyers and renters the pamphlet, developed by EPA, HUD, and the Consumer Product Safety Commission (CPSC), titled Protect Your Family From Lead in Your Home.