B. Federal Lead-Based Paint Enforcement Bench Book - National ...

6. Effect on Contracts
Section 1018 does not affect the validity or enforceability of contracts for sale or lease of residential property,
mortgages, loans, or liens. 140
An Enforcement Perspective
Since Title X does not affect the validity of lease contracts, a tenant cannot terminate a
lease solely on the basis that the landlord violated the Disclosure Rule. Therefore,
generally it is deemed insufficient to address violations merely by requiring that the
landlord provide so-called “retroactive” (post-contractual) disclosure to the tenant.
Instead, it may be appropriate to seek the court’s equitable power to compel the
landlord to abate any LBP hazards at the property.
7. Private Actions
Title X provides that any person who “knowingly violates” Section 1018 is “jointly and severally liable to the
purchaser or lessee” for treble damages; and the court may award court costs, reasonable attorney fees, and
141 , 142
expert witness fees to a prevailing plaintiff.
140 42 U.S.C. § 4852d(c).
141 42 U.S.C. § 4852d(b)(3)-(4). 40 C.F.R. § 35.96(c)-(d); 40 C.F.R. § 745.118(c)-(d).
142 See e.g., Alliance for Healthy Homes, Private Causes of Action under the Federal Lead Hazard Disclosure Law,
www.afhh.org/res/res_Operation_LEAP_toolkit_disclosure_Private_Causes_of_Action.htm.
Also, state common law actions for negligence or breach of contract may be possible where a child has been poisoned by LBP
in rental property.
NATIONAL CENTER FOR HEALTHY HOUSING www.nchh.org 23