**ATTACHMENT 1 Residential Lead**  **- Based Pai**  **nt Hazard Reduction Act of 1992**

**42 USC 4852d**TI TL E 42
-- THE PUBLIC HEAL TH AND WELFARE

CHAPTER 63A
-- RESI DENTIAL LEAD
- BASED PAI NT HAZARD REDUCTION SUBCHAPTER I
-- LEAD
- BASED PAINT HAZARD REDUCTION Sec . 4852d. Disclosure of information concerning lead upon transfer of residential propert y (a) Lead disclosure in purchase and sale or lease of target housing (1) Lead

- based paint hazards Not later than 2 ye ars after October 28, 1992, the S ecretary 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, b efore the purchaser or lessee is obligated under an y 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 an y known lead

- based paint, or an y known lead

- based paint hazards, in such hous ing and provide to the purchaser or lessee an y lead hazard evaluation report available to the seller or lessor; and (C) permit the purchaser a 10

- day period (unless the parties mutuall y agree upon a different period of time) to conduct a ri sk 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 an y interest in t arget housing shall contain a Lead Warning Statement and a statement signed b y 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 t ype on a separate sheet of paper attached to the contract: ``Every purchaser of any

interest in reside ntial 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 y oung children at risk of developing lead poisoning. Lead poisoning in y oung childr en may produce permanent neurological damage, including learning3

disabilities, reduced intelligence quotient, behavioral problems, and impaired memory . Lead poisoning also poses a particular risk to pregnant women. The seller of an y interest in residential real propert y is required to provide the bu yer with any information on lead

- based paint hazards from risk assessments or inspections in the seller's possession and notify the buy er of an y known lead

- based paint hazards. A risk assessment or inspection fo r 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 r egulations 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 U rban 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 h ave jurisdiction to order such promulgation. (b) Penalties for violations (1) Monetary

penalty Any person who knowingl y violates an y provision of this section shall be subject to civil money penalties in accordance with the provisions of section 3545 of this title. (2) Action b y Secretary The Secretary

is authorized to take such lawful action as may be necessary

to enjoin an y violation of this section. (3) Civil liability Any person who knowingl y violates the provisions of this section shall be jointly and severall y 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 t o paragraph (3), the appropriate court may award court costs to the party commencing such action, together with reasonable attorney fees and an y expert witness fees, if that part y prevails.4

(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 penalt y 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 vali dity or enforceabilit y of an y s ale or contract for the purchase and sale or lease of an y interest in residential real property or an y loan, loan agreement, mortgage, or lien made or arising in connection with a mortgage loan, nor shall any thing in this sec tion 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 Toxi c 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 t o 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.