42 U.S.C. § 4852d — Disclosure of information concerning

Page 6241 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4852d Statutory Notes and Related Subsidiaries CHANGE OF NAME Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504. § 4852c. Guidelines for lead-based paint hazard evaluation and reduction activities Not later than 12 months after October 28, 1992, the Secretary, in consultation with the Ad- ministrator of the Environmental Protection Agency, the Secretary of Labor, and the Sec- retary of Health and Human Services (acting through the Director of the Centers for Disease Control), shall issue guidelines for the conduct of federally supported work involving risk as- sessments, inspections, interim controls, and abatement of lead-based paint hazards. Such guidelines shall be based upon criteria that measure the condition of the housing (and the presence of children under age 6 for the purposes of risk assessments) and shall not be based upon criteria that measure the health of the residents of the housing. (Pub. L. 102–550, title X, § 1017, Oct. 28, 1992, 106 Stat. 3909.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504. § 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 pro- mulgate regulations under this section for the disclosure of lead-based paint hazards in tar- get housing which is offered for sale or lease. The regulations shall require that, before the purchaser or lessee is obligated under any con- tract to purchase or lease the housing, the seller or lessor shall— (A) provide the purchaser or lessee with a lead hazard information pamphlet, as pre- scribed by the Administrator of the Environ- mental 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 les- see any lead hazard evaluation report avail- able 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 pur- chase and sale of any interest in target hous- ing 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 pe- riod 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 con- tract: ‘‘Every purchaser of any interest in residen- tial real property on which a residential dwell- ing 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 poi- soning in young children may produce perma- nent neurological damage, including learning disabilities, reduced intelligence quotient, be- havioral problems, and impaired memory. Lead poisoning also poses a particular risk to preg- nant women. The seller of any interest in resi- dential 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 as- sessment or inspection for possible lead-based paint hazards is recommended prior to pur- chase.’’. (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 re- quirements of this section. (5) Promulgation A suit may be brought against the Secretary of Housing and Urban Development and the Administrator of the Environmental Protec- tion Agency under section 20 of the Toxic Sub- stances 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 pro- mulgation. (b) Penalties for violations (1) Monetary penalty Any person who knowingly violates any pro- vision of this section shall be subject to civil money penalties in accordance with the provi- sions 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. Page 6242 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4853 (3) Civil liability Any person who knowingly violates the pro- visions of this section shall be jointly and sev- erally liable to the purchaser or lessee in an amount equal to 3 times the amount of dam- ages incurred by such individual. (4) Costs In any civil action brought for damages pur- suant to paragraph (3), the appropriate court may award court costs to the party com- mencing 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 valid- ity 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 any- thing 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, § 1018, Oct. 28, 1992, 106 Stat. 3910.) Editorial Notes REFERENCES IN TEXT The Toxic Substances Control Act, referred to in sub- sec. (b)(5), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. SUBCHAPTER II—WORKER PROTECTION § 4853. Worker protection Not later than 180 days after October 28, 1992, the Secretary of Labor shall issue an interim final regulation regulating occupational expo- sure to lead in the construction industry. Such interim final regulation shall provide employ- ment and places of employment to employees which are as safe and healthful as those which would prevail under the Department of Housing and Urban Development guidelines published at Federal Register 55, page 38973 (September 28, 1990) (Revised Chapter 8). Such interim final reg- ulations shall take effect upon issuance (except that such regulations may include a reasonable delay in the effective date), shall have the legal effect of an Occupational Safety and Health Standard, and shall apply until a final standard becomes effective under section 655 of title 29. (Pub. L. 102–550, title X, § 1031, Oct. 28, 1992, 106 Stat. 3924.) § 4853a. Coordination between Environmental Protection Agency and Department of Labor The Secretary of Labor, in promulgating regu- lations under section 4853 of this title, shall con- sult and coordinate with the Administrator of the Environmental Protection Agency for the purpose of achieving the maximum enforcement of title IV of the Toxic Substances Control Act [15 U.S.C. 2681 et seq.] and the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.] while imposing the least burdens of dupli- cative requirements on those subject to such title and Act and for other purposes. (Pub. L. 102–550, title X, § 1032, Oct. 28, 1992, 106 Stat. 3924.) Editorial Notes REFERENCES IN TEXT The Toxic Substances Control Act, referred to in text, is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003. Title IV of the Act is classified generally to subchapter IV (§ 2681 et seq.) of chapter 53 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. The Occupational Safety and Health Act of 1970, re- ferred to in text, is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables. SUBCHAPTER III—RESEARCH AND DEVELOPMENT PART 1—HUD RESEARCH § 4854. Research on lead exposure from other sources The Secretary, in cooperation with other Fed- eral agencies, shall conduct research on strate- gies to reduce the risk of lead exposure from other sources, including exterior soil and inte- rior lead dust in carpets, furniture, and forced air ducts. (Pub. L. 102–550, title X, § 1051, Oct. 28, 1992, 106 Stat. 3925.) § 4854a. Testing technologies The Secretary, in cooperation with other Fed- eral agencies, shall conduct research to— (1) develop improved methods for evaluating lead-based paint hazards in housing; (2) develop improved methods for reducing lead-based paint hazards in housing; (3) develop improved methods for measuring lead in paint films, dust, and soil samples; (4) establish performance standards for var- ious detection methods, including spot test kits; (5) establish performance standards for lead- based paint hazard reduction methods, includ- ing the use of encapsulants; (6) establish appropriate cleanup standards; (7) evaluate the efficacy of interim controls in various hazard situations; (8) evaluate the relative performance of var- ious abatement techniques;