ATTACHMENT 1

Residential Lead-Based Paint Hazard Reduction Act of 1992 (the Act)

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 
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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.
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 (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.