District Of Columbia § 8-231.04 - Disclosure and risk reduction requirements.
Full text of District Of Columbia D.C. Code § 8-231.04 — Disclosure and risk reduction requirements., with citation guidance and answers to common questions.
§ 8-231.04. Disclosure and risk reduction requirements.
8-231.04The 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:
Lead-based paint;
Lead-based paint hazards; and
Pending actions ordered by the Mayor pursuant to this subchapter.
The disclosures shall be provided on the lead disclosure form provided by the Mayor.
The disclosures shall be provided before the purchaser or tenant is obligated under any contract to purchase or lease the dwelling unit.
The owner of a dwelling unit constructed before 1978, which unit will be occupied or regularly visited by a person at risk, shall provide to the tenant an accurately and fully completed lead disclosure form and a clearance report issued within the previous 12 months. The disclosures required by this subsection shall be disclosed before the tenant is obligated under any contract to lease the dwelling unit.
If a tenant of a dwelling unit constructed before 1978, in which unit a person at risk resides or which unit a person at risk 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 30 days a clearance report issued within the previous 12 months.
Instead of providing the disclosure form and clearance report required by this section, an owner may provide:
A report from a risk assessor or 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; or
Three clearance reports issued at least 12 months apart and within the previous 7 years; provided, that the property was not, and is not, subject to any housing code violations that occurred during the past 5 years or any that are outstanding.
The owner of a dwelling unit shall provide notice to its tenants of their rights under this subchapter on a form provided by the Mayor whenever the tenant executes or renews a lease for the unit and whenever the owner provides notice of a rent increase.
If the owner of a dwelling unit learns of the presence of lead-based paint in a dwelling unit, the owner shall:
Notify the tenant of the presence of lead-based paint within 10 days after discovering its presence; and
Provide the tenant with a Lead Warning Statement described in 40 C.F.R § 745.113 and the lead hazard information pamphlet described in section 1018 of the Residential Land-Based Paint Hazard Reduction Act of 1992, approved October 28, 1992 (106 Stat. 3910; 42 U.S.C. § 4852d); provided, that the Lead Warning Statement and lead hazard information pamphlet need not be provided if they have been provided to the tenant within the prior 12 months.
Twelve months after the effective date of rules implementing this subchapter, the Mayor shall submit a report on the status of the implementation of this section. The report shall include:
A statement on the capacity, to date, of both the private and public sector to carry out the provisions of this section in all units in buildings built before 1950; and
An analysis of other factors which may impact expanding compliance to all units in buildings built before 1950, such as existing federal requirements, cost, and liability.
Within 90 days after March 31, 2011, the Mayor shall:
Provide the lead disclosure form to be used as the basis for the lead disclosure statement required by subsections (a) and (b) of this section; and
Petition for approval from the EPA certifying that the District’s form meets the federal disclosure standards.
The form issued by the Mayor as required by paragraph (1)(A) of this subsection shall include all elements required by 24 C.F.R. §§ 35.90 and 35.92 and 40 C.F.R. § 745.107, promulgated by Lead; Requirements for Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards in Housing, Final Rule, including the Lead Warning Statement, to meet the Federal standard for use of alternative disclosure forms.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 8-231.04
What does D.C. Code § 8-231.04 cover?
Section 8-231.04 ("Disclosure and risk reduction requirements.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 8-231.04?
A common citation format is "D.C. Code § 8-231.04" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 8-231.04 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.