The Lead Based Paint Hazard Reduction Act of 1992

In 1992, Congress passed the Residential Lead Based Paint Hazard Reduction Act. Currently, the act is enforced the Department of Housing and Urban Development (HUD) and the Environmental Protection Agency (EPA). In brief, the act set out to regulate property sales and leases involving properties built prior to 1978, which would contain lead based paint in most instances. The EPA and the HUD initially worked towards assisting violating companies and individuals, those that not did not adequately disclose the presence of lead based paint to tenants or purchasers, with maintaining compliance. This leeway period ended in early 1998, and since, the EPA and HUD, working independently and in conjunction with one another, have conducted investigations of violators on a regular basis, often targeting rental companies in large urban areas.

Penalties Associated with Violation of the Act

Should an agent, seller, or lessor fail to comply with disclosure requirements as mandated by the Residential Lead Based Paint Hazard Reduction Act, the EPA and the HUD reserve the right to seek civil penalties against violators. Currently, a total of thirteen possible violations can occur in a normal real estate sales transaction, as well as a total of eleven violations in the normal lease transaction. The following elements are applicable to penalties associated with violations of the act:

Each violation carries a varied fine of $110 up to $11,000 depending on several factors, most notably the nature of the violation

Multiple penalties, if applicable, are included in a single civil administrative action initiated by either the EPA, HUD, or both

Base penalty amounts are variable, and can be increased or decreased based on several case-specific factors, including past history of violations, whether violations involved self-reporting, violator’s ability to pay, and others. It should be noted that violations involving lease or sale to pregnant mothers or households with minor children under the age of six impose the strongest penalties

Criminal penalties, often solely for violators engaged in a willful and wanton disregard of the act, can be applied through the Department of Justice. These penalties include up to one year of incarceration and fines up to $11,000

Consumer Rights under the Lead Based Paint Hazard Reduction Act of 1992

In essence, a consumer has the right to know about potentially dangerous environments they are considering renting or purchasing. The act requires full disclosure of the nature of a property built before 1978, which means lead paint will most likely be present. Lead paint, especially in unborn children and young children, can cause elevated blood levels tantamount to lead poisoning. Individuals who believe they have been mislead by their lessor, seller, or agent in a real estate transaction, and in turn, have suffered damages, as the result of lead paint, should seek legal counsel to learn more about their legal rights.

Getting Legal Help with Lead Based Paint Damage Claims

Only an attorney can make an accurate determination of whether a given resident has grounds for a lead based paint claim against potentially liable parties. The act is only one legal requirement, among others, required by the government to protect homeowners and renters from exposure to potentially harmful substances, or at the very least, inform them of the inherent risks associated with living in a given property.

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