
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4852d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
       CHAPTER 63A--RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION
 
             SUBCHAPTER I--LEAD-BASED PAINT HAZARD REDUCTION
 
Sec. 4852d. Disclosure of information concerning lead upon 
        transfer of residential property
        

(a) Lead disclosure in purchase and sale or lease of target housing

                    (1) Lead-based paint hazards

        Not later than 2 years after October 28, 1992, the Secretary and 
    the Administrator of the Environmental Protection Agency shall 
    promulgate regulations under this section for the disclosure of 
    lead-based paint hazards in target housing which is offered for sale 
    or lease. The regulations shall require that, before the purchaser 
    or lessee is obligated under any contract to purchase or lease the 
    housing, the seller or lessor shall--
            (A) provide the purchaser or lessee with a lead hazard 
        information pamphlet, as prescribed by the Administrator of the 
        Environmental Protection Agency under section 406 of the Toxic 
        Substances Control Act [15 U.S.C. 2686];
            (B) disclose to the purchaser or lessee the presence of any 
        known lead-based paint, or any known lead-based paint hazards, 
        in such housing and provide to the purchaser or lessee any lead 
        hazard evaluation report available to the seller or lessor; and
            (C) permit the purchaser a 10-day period (unless the parties 
        mutually agree upon a different period of time) to conduct a 
        risk assessment or inspection for the presence of lead-based 
        paint hazards.

                 (2) Contract for purchase and sale

        Regulations promulgated under this section shall provide that 
    every contract for the purchase and sale of any interest in target 
    housing shall contain a Lead Warning Statement and a statement 
    signed by the purchaser that the purchaser has--
            (A) read the Lead Warning Statement and understands its 
        contents;
            (B) received a lead hazard information pamphlet; and
            (C) had a 10-day opportunity (unless the parties mutually 
        agreed upon a different period of time) before becoming 
        obligated under the contract to purchase the housing to conduct 
        a risk assessment or inspection for the presence of lead-based 
        paint hazards.

               (3) Contents of lead warning statement

        The Lead Warning Statement shall contain the following text 
    printed in large type on a separate sheet of paper attached to the 
    contract:

    ``Every purchaser of any interest in residential real property on 
which a residential dwelling was built prior to 1978 is notified that 
such property may present exposure to lead from lead-based paint that 
may place young children at risk of developing lead poisoning. Lead 
poisoning in young children may produce permanent neurological damage, 
including learning disabilities, reduced intelligence quotient, 
behavioral problems, and impaired memory. Lead poisoning also poses a 
particular risk to pregnant women. The seller of any interest in 
residential real property is required to provide the buyer with any 
information on lead-based paint hazards from risk assessments or 
inspections in the seller's possession and notify the buyer of any known 
lead-based paint hazards. A risk assessment or inspection for possible 
lead-based paint hazards is recommended prior to purchase.''.

                      (4) Compliance assurance

        Whenever a seller or lessor has entered into a contract with an 
    agent for the purpose of selling or leasing a unit of target 
    housing, the regulations promulgated under this section shall 
    require the agent, on behalf of the seller or lessor, to ensure 
    compliance with the requirements of this section.

                          (5) Promulgation

        A suit may be brought against the Secretary of Housing and Urban 
    Development and the Administrator of the Environmental Protection 
    Agency under section 20 of the Toxic Substances Control Act [15 
    U.S.C. 2619] to compel promulgation of the regulations required 
    under this section and the Federal district court shall have 
    jurisdiction to order such promulgation.

(b) Penalties for violations

                        (1) Monetary penalty

        Any person who knowingly violates any provision of this section 
    shall be subject to civil money penalties in accordance with the 
    provisions of section 3545 of this title.

                       (2) Action by Secretary

        The Secretary is authorized to take such lawful action as may be 
    necessary to enjoin any violation of this section.

                         (3) Civil liability

        Any person who knowingly violates the provisions of this section 
    shall be jointly and severally liable to the purchaser or lessee in 
    an amount equal to 3 times the amount of damages incurred by such 
    individual.

                              (4) Costs

        In any civil action brought for damages pursuant to paragraph 
    (3), the appropriate court may award court costs to the party 
    commencing such action, together with reasonable attorney fees and 
    any expert witness fees, if that party prevails.

                         (5) Prohibited act

        It shall be a prohibited act under section 409 of the Toxic 
    Substances Control Act [15 U.S.C. 2689] for any person to fail or 
    refuse to comply with a provision of this section or with any rule 
    or order issued under this section. For purposes of enforcing this 
    section under the Toxic Substances Control Act [15 U.S.C. 2601 et 
    seq.], the penalty for each violation applicable under section 16 of 
    that Act [15 U.S.C. 2615] shall not be more than $10,000.

(c) Validity of contracts and liens

    Nothing in this section shall affect the validity or enforceability 
of any sale or contract for the purchase and sale or lease of any 
interest in residential real property or any loan, loan agreement, 
mortgage, or lien made or arising in connection with a mortgage loan, 
nor shall anything in this section create a defect in title.

(d) Effective date

    The regulations under this section shall take effect 3 years after 
October 28, 1992.

(Pub. L. 102-550, title X, Sec. 1018, Oct. 28, 1992, 106 Stat. 3910.)

                       References in Text

    The Toxic Substances Control Act, referred to in subsec. (b)(5), is 
Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as amended, which is 
classified generally to chapter 53 (Sec. 2601 et seq.) of Title 15, 
Commerce and Trade. For complete classification of this Act to the Code, 
see Short Title note set out under section 2601 of Title 15 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 4856 of this title; title 15 
section 2686.
