WHEREAS, the Federal Government and the City of Philadelphia have recently enacted laws that require Sellers, Landlords and their Agents to disclose to potential Buyers and Tenants the presence of lead-based paint hazards prior to the sale or lease of residential properties constructed prior to 1978;
WHEREAS, the aforementioned Federal and Philadelphia laws, while substantially similar in the disclosure obligations imposed on Sellers, Landlords and Agents, contain certain substantive differences that would require the use of separate Federal and Philadelphia disclosure forms for sale and lease transactions involving Philadelphia real estate to insure compliance with the requirements of both the Federal and Philadelphia laws;
WHEREAS, during the past two years, the Lead-Based Paint Disclosure Subcommittee of the Joint Committee of Realtors and Lawyer ("Subcommittee"), comprised of a broad array of professionals representing the interests of Sellers, Buyers, Landlords, Tenants, and the U. S. Environmental Protection Agency, has developed model lead-based paint disclosure forms, in English and in Spanish, for use in Philadelphia, and specifically designed to comply with the requirements of both the Federal and Philadelphia laws;
WHEREAS, the Program Director of the Childhood Lead Poisoning Prevention Program of the Philadelphia Department of Public Health has conveyed his written endorsement of these forms and wishes to begin disseminating the forms to real estate professionals, landlords and other property owners within the City of Philadelphia;
WHEREAS, real estate professionals and all parties to a real estate transaction involving Philadelphia residential property constructed prior to 1978 will benefit greatly from the Subcommittee's development of a single set of Philadelphia sale and lease lead-based paint disclosure forms that comply with both Federal and Philadelphia law.
NOW, THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association endorses use of the lead-based paint disclosure forms attached to this Resolution as Exhibits A through D as recommended forms for use with respect to Philadelphia real estate for the purpose of compliance with Federal and Philadelphia laws requiring the disclosure of lead-based paint hazards prior to the sale or lease of residential property constructed prior to 1978.
PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: March 25, 1999