24 C.F.R. § 35.96

Enforcement

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Any person who knowingly fails to comply with any provision of this subpart shall be subject to civil monetary penalties in accordance with the provisions of 42 U.S.C. 3545 and 24 CFR part 30.

(b) The Secretary is authorized to take such action as may be necessary to enjoin any violation of this subpart in the appropriate Federal district court.

(c) Any person who knowingly violates the provisions of this subpart 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.

(d) In any civil action brought for damages pursuant to 42 U.S.C. 4852d(b)(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.

(e) Failure or refusal to comply with § 35.88 (disclosure requirements for sellers and lessors), § 35.90 (opportunity to conduct an evaluation), § 35.92 (certification and acknowledgment of disclosure), or § 35.94 (agent responsibilities) is a violation of 42 U.S.C. 4852d(b)(5) and of TSCA section 409 (15 U.S.C. 2689).

(f) Violators may be subject to civil and criminal sanctions pursuant to TSCA section 16 (15 U.S.C. 2615) for each violation. For purposes of enforcing this subpart, the penalty for each violation applicable under 15 U.S.C. 2615 shall be not more than $10,000.

Notes of Decisions

Cited in 4 cases, 2004–2009 · leading case: Bearden v. Jackson (In Re Bearden), 382 B.R. 911 (Bankr. D.S.C. 2008).

Sort: Relevance Newest Treatment

Bearden v. Jackson (In Re Bearden), 382 B.R. 911 (Bankr. D.S.C. 2008). · cites it 2× “The enforcement provisions of these requirements as stated in 24 C.F.R. 35.96 are as follows: (a)Any person who knowingly fails to comply with any provision of this sub-part shall be subject to civil monetary penalties in accordance with the provisions of 42 U.”

LB III v. Hous. Auth. of Louisville, 345 F. Supp. 2d 725 (W.D. Ky. 2004). “§ 4852d(b)(3); 24 CFR § 35.96 . Furthermore, the RLPHRA focuses on the entities being regulated rather than on the individuals protected.”

Hurt v. Philadelphia Hous. Auth., 70 Pa. D. & C.4th 142 (2005). “Sub-part A contains private enforcement provisions and provides for treble damages and fees ( 24 C.F.R. §35.96 (c), (d)). But that section in sub-part A implements a specific provision contained in the Residential Lead-Based Paint and Hazard Reduction Act of 1992, 42 U.”

Sáez Navarro v. Banco Santander, 15 T.C.A. 891 (2009). “24 CFR § 35.96 ; 40 CFR § 745.118 ; Lead; Requirements *897 for Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazard in Housing, 61 FR 9064 -01, 9065.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.