D.C. Mun. Regs. tit. 20, r. 20-3313

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 20-3313 - DISCLOSURE REQUIREMENTS AND TENANT RIGHTS FORM

3313.1

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

(c) Pending actions ordered by a District government agency pursuant to the Acts or this chapter.

3313.2

The disclosures shall be provided on the lead disclosure form issued by DDOE, shall be provided before the purchaser or tenant is obligated under any contract to purchase or lease the dwelling unit, shall be signed and dated by the owner, and an opportunity provided for the purchaser or tenant to sign and date.

3313.3

The owner of a dwelling unit constructed before 1978, which unit will be occupied or regularly visited by a child under the age of six (6) years or by a pregnant woman, shall provide to the tenant an accurately and fully completed lead disclosure form and a clearance report issued within the previous twelve (12) months, or as otherwise provided in § 3313.5. The disclosures required by this subsection shall be provided before the tenant is obligated under any contract to lease the dwelling unit.

3313.4

If a tenant of a dwelling unit constructed before 1978, in which unit a person at risk resides or 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 thirty (30) days a clearance report issued within the previous twelve (12) months, or as otherwise provided in § 3313.5.

3313.5

In lieu of providing the disclosure form and clearance report required by §§ 3313.3 and 3313.4, an owner may provide to, or make the following available for review by, the tenant:

(a) A report from a risk assessor or lead-based paint 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, including such cases as a prior multifamily property lead-based paint inspection, conducted pursuant to the 1997 amendments to the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, or any more recent version thereof, where the lead-based paint inspector made a determination that the property itself is a lead-free property, including all units contained within such property; or

(b) Three (3) clearance reports issued at least twelve (12) months apart and within the previous seven (7) years; provided, that the property was not, and is not, subject to any housing code violation that occurred during the past five (5) years or any that is outstanding.

3313.6

The owner of a dwelling unit shall provide notice to its tenants of their rights under the Acts on a Tenant Rights form issued by DDOE, whenever a tenant executes or renews a lease for the unit and whenever the owner provides notice of a rent increase.

3313.7

A tenant shall have the right to provide information to DDOE concerning deteriorated paint or other lead-based paint hazards within a property. This right of the tenant is protected by tenant provisions set forth in D.C. Official Code § 42-3505.02.

3313.8

The owner of a dwelling unit who learns of the presence of lead-based paint or lead-based paint hazards in that dwelling unit shall:

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

(b) Provide the tenant with:

(1) The Lead Warning Statement described in 40 CFR § 745.113; and

(2) The lead hazard information pamphlet described in the Residential Lead-Based Paint Hazard Reduction Act of 1992, effective October 28, 1992, as amended ( Pub. L. 102-550, 106 Stat. 3672; 42 U.S.C. § 4852d) , provided, that the Lead Warning Statement and lead hazard information pamphlet need not be submitted if they have been given to the tenant within the prior twelve (12) months.

3313.9

An owner shall maintain copies of all lead-related reports for a property or any part thereof and make the reports available to tenants, tenants' agents, and government officials for review and photocopying at reasonable hours and at a location reasonably close to the property.

3313.10

An owner shall document on what date the Tenant Rights form referenced in § 3313.6 was provided to the tenant by signing and dating a copy of the form and requesting the tenant do the same, and shall make such information available to DDOE for review and photocopying at reasonable hours and at a location reasonably close to the property.

D.C. Mun. Regs. tit. 20, r. 20-3313

Final Rulemaking published at 60 DCR 10909 (July 26, 2013)

Authority: District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.01 et seq. (2008 Repl. & 2012 Supp.)), the Childhood Lead Screening Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-265; D.C. Official Code § 7-871.03 (2008 Repl. & 2012 Supp.)), the Transfer of Lead Poison Prevention Program to the District Department of the Environment Amendment Act of 2008, effective August 16, 2008 (D.C. Law 17-219; 55 DCR 7602 (July 18, 2008)), the Lead-Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C. Law 17-381; D.C. Official Code § 8-231.01 et seq. (2012 Supp.)), Mayor's Order 2009-113, dated June 18, 2009, and the Lead Hazard Prevention and Elimination Amendment Act of 2010 ("2011 Amendments"), effective March 31, 2011 (D.C. Law 18-348; 58 DCR 717 (January 28, 2011)).