A number of states require disclosure of a range of environmental hazards, including asbestos, radon, and lead, as well as structural issues, water problems, and other property-specific information, but these requirements typically apply only upon a sale of property containing one to four dwelling units. A recently passed Arizona law requires disclosure of pesticide use during the past three years to purchasers of property, and California’s Toxic Mold Protection Act will require landlords to disclose known mold contamination and provide an informational brochure to tenants after the state adopts mold exposure standards and develops the brochure. These types of disclosure requirements could be combined and made uniformly applicable to both sales and leases of property, to help ensure that purchasers and tenants have access to information covering a broad range of healthy homes issues. Ideally, requiring disclosure of environmental hazards provides an incentive for landlords and sellers to address those hazards and improve conditions in their properties. However, the benefits of disclosure are limited in tight housing markets, particularly for low-income tenants living in distressed communities where the likelihood of environmental health hazards is significant and housing choices are minimal.

Proper enforcement of disclosure laws will help tenants and home buyers avoid unhealthy housing conditions and should pressure landlords and sellers to make their properties safer places to live. With these goals in mind, the Alliance and its Operation Leap project partners developed the Making the Most of the Lead Hazard Disclosure Law Tool Kit, which contains strategies and information to help motivate landlords to increase private sector investments in lead hazard control by way of stepped-up enforcement of the federal disclosure law.