Clinton Orders Disclosure of Lead in Homes

Moving to protect millions of young children from the hidden poison of lead, the Clinton Administration said Wednesday that it would order homeowners to disclose any information they have about the existence of lead paint in homes and apartments that they are selling or renting.

Although lead was banned from paint in 1978, nearly two-thirds of the nation’s housing units were built before then and three-quarters of those residences may still contain the toxic material, which can cause severe brain disorders and developmental problems in young children.

But the administration’s program, announced by the Environmental Protection Agency and the Department of Housing and Urban Development, stops short of ordering the removal of lead before the 64 million housing units built before 1978 can be sold or rented.

Nor does it force sellers or landlords to obtain information about the lead content of old layers of paint, or certify that they are lead-free, before the units can change hands.

Rather, said Carol Browner, the EPA administrator, “the actions . . . will give the public the right to know about lead paint hazards when they buy or rent a home”--if the owners or rental agents know themselves that the walls contain lead-based paint applied nearly 20 years earlier.

While the new government regulation contains the threat of a $10,000 fine and a one-year prison term for failure to comply, enforcement could be difficult because it would first require proof that information about lead content was available and was not disclosed.

Defending the decision not to take more forceful action, Henry G. Cisneros, the secretary of the Department of Housing and Urban Development, said that “we are out of an era in which we can declare a national solution to a problem this complex.”

He suggested that a stricter regulation, while protecting more children from lead poisoning, would run “at cross currents” with his department’s goal of increasing home ownership and keeping the price of housing affordable.

Browner said she hopes that inspections to determine whether walls contain lead would become as routine as inspections for termites. California laws require potential home sellers to certify that a house is termite-free and also to disclose any other known defects.

The lead disclosure program has the support of the National Assn. of Realtors and also the endorsement of United Parents Against Lead, an association of parents whose children have suffered from lead poisoning.

Art Godi, a Stockton, Calif., Realtor and president of the National Assn. of Realtors, praised the action for helping consumers gain information about the risks associated with the highly toxic metal without imposing new layers of government red tape.

While the problem is often associated with run-down tenements, in which peeling paint is eaten by babies and toddlers, it crosses socioeconomic lines. Old paint hidden beneath layers of newer coats can emit lead in historical estates worthy of listing in national preservation registers or it can present horrendous difficulties in an old home being renovated.