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Landlords renting to new tenants must abide by TITLE X of the Housing and Community Development Act , 42 U.S.C. section 4852 (d), Public law, Section 102-550.
The Residential Lead-based Paint Hazard Reduction Act of 1992, also known as Title X of the Housing and Community Development Act, directs the Department of Housing and Urban Development (HUD) and the Environmental Protection Agency (EPA) to establish regulations " for the disclosure of lead-based paint hazards in target housing which is offered for sale or lease."
Title X also mandates that each contract for the purchase and sale of any interest in target housing must contain a specified " Lead Warning Statement", as set out in the statute, as well as signed acknowledgement by the purchaser or lessee that he or she has read and understood the lead warning statement, received a lead hazard information pamphlet, and had ten days to conduct " a risk assessment or inspection" for lead-based paint hazards.
Title X, designed to educate the public about the hazards of lead-based paint, does not require testing or abatement of a lead-based paint condition. It sets out the specific lead warning statement that must be included " on a separate sheet of paper attached to the contract", and it further provides that when the seller or lessor has an agent to sell or lease" target housing", the agent is required to ensure compliance with the statute. Additionally, Title X provides for both civil and criminal penalties for violations of its provisions and authorizes HUD to seek injunctive relief for such violations.
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