ATTACHMENT 1

 Residential Lead-Based Paint Hazard Reduction Act of 1992

42 USC 4852d

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.

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