Rental Basics in New York>Question Details

Maria Dacosta, Renter in 10029

Disclosure form

Asked by Maria Dacosta, 10029 Thu Feb 21, 2013

Hello,

I was going through my lease agreement and I have a question for you. There is this form for lead disclosure that says:
e) _____ Agent has informed the lessor of the lessor's obligations under 42 U.S.C.4852d and is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
I am the owner I rented it myself but an agent was representing the tenant (I paid the commission).
The agent did not initial that statement. Is this normal? Is this just in the case an agent represents me?

Thank you.

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Answers

6
As everyone said, the agent should have initialled this. One extremely important issue, make sure you have given them the lead paint booklet, which explains all of this to a tenant. If the agent didn't initial it is possible he didn't supply the booklet, unless you did.
0 votes Thank Flag Link Fri Feb 22, 2013
While every answer below is good, the non initialed part may have been mere oversight, but that is no excuse and it should have been initialed by the agent as that is the law. Oversight or ignorance is not a defense. I suspect you're not sure if your tenant received the pamphlet others have mentioned. At this point, it may not matter and it could come up but it probably won't.

I would suggest one thing about pre-war, post-war property. Not all post-war property is free of lead paint. I'm sure I'll be corrected and I welcome it. Pre-war is a designation for any building built prior to 1947. After that, everything is considered post-war. The use of lead paint was halted in 1978. So those 31 years between the two could result in some or many rentals having some lead paint somewhere.

One minor correction, with respect. "I am the owner I rented it myself but an agent was representing the tenant." you didn't rent your apartment by yourself . An agent brought in a prospective tenant that had good income, assets and credit along with the disclosure form and most likely the lease form. That information and documents were likely provided by the agent in question.
0 votes Thank Flag Link Thu Feb 21, 2013
No, it is not normal, and is not correct. The agent should initial the acknowledgment indicating this Federal law has been complied with. Federal law requires that individuals receive certain information before renting, buying, or renovating pre - 1978 housing. Landlords have to disclose known information on lead based paint hazards before leases take effect. You have a responsibility to provide this information to your tenant along with the pamphlet "Protect Your Family From Lead In Your Home".
0 votes Thank Flag Link Thu Feb 21, 2013
Hi, Anything built before 1978 most likely had lead based paint. Any transaction that involves a property built before 1978 must have the lead paint disclosure completed.

Chris
0 votes Thank Flag Link Thu Feb 21, 2013
The agent representing the tenant was supposed to inform their tenant about the hazards of lead paint and provide the tenant a lead paint pamphlet and inform their tenant they have the right to inspect for lead paint. As the owner you are responsible to ensure compliance. If you had an agent your agent must inform you of your responsibility.

Do you know of any lead paint in the apartment? Initial the portion that pertains to you.
0 votes Thank Flag Link Thu Feb 21, 2013
Thanks Mitchell, I have provided the pamphlet to the tenants. So if I understand you correctly the agent representing the tenant did not have to initial e) but had to inform them about the hazards of lead paint and to provide them a pamphlet anyway? is this correct?
Flag Thu Feb 21, 2013
Mitchell Hall, Real Estate Pro in New York, NY
MVP'08
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In this case, "Agent" refers to either managing agent or the broker -- whichever entity was representing you. Is this a postwar or pre-war building? If postwar, there isn't a lead paint problem anyway, so the agent was probably thinking it wasn't an issue. But it was certainly a conversation that should have been had. IS this a new lease or an old lease you are now reviewing? If it is old and the tenant initialed c) & d) and signed the document, and then you signed and sent back and no one brought up the lack of signature on e) I would leave it alone.

If this is a new lease, call me at 917-968-5912.

Robin
0 votes Thank Flag Link Thu Feb 21, 2013
this is a new lease.
Flag Thu Feb 21, 2013
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