40 C.F.R. § 745.100
Purpose
This subpart implements the provisions of 42 U.S.C. 4852d, which impose certain requirements on the sale or lease of target housing. Under this subpart, a seller or lessor of target housing shall disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards; provide available records and reports; provide the purchaser or lessee with a lead hazard information pamphlet; give purchasers a 10-day opportunity to conduct a risk assessment or inspection; and attach specific disclosure and warning language to the sales or leasing contract before the purchaser or lessee is obligated under a contract to purchase or lease target housing.
Notes of Decisions
Cited in 9
cases (3 in the last 5 years), 2000–2025 · leading case: Sipes ex rel. Slaughter v. Russell, 89 F. Supp. 2d 1199 (D. Kan. 2000).
Sipes ex rel. Slaughter v. Russell, 89 F. Supp. 2d 1199 (D. Kan. 2000). “§ 2689 , and federal regulations, 40 C.F.R. §§ 745.100 et seq., by failing to disclose the presence of lead.”
Price v. Hickory Point Bank & Trust, 841 N.E.2d 1084 (Ill. App. Ct. 4th Dist. 2006). “§ 4852 (d) (2000)) and the federal regulations implementing the Residential Lead-Based Paint Hazard Reduction Act ( 40 C.F.R. §§ 745.100 through 745.119 (2000)).”
Ayres v. United States, 66 Fed. Cl. 551 (Fed. Cl. 2005). “On the same date, Plaintiff also filed an Amendment to Complaint, 5 supplementing the prayer for relief in the Complaint to include a request for treble damages, pursuant to 40 C.F.R. §§ 745.100 et seq., filing fees and costs.”
Wallace v. United States, 335 F. Supp. 2d 252 (D.R.I. 2004). “” 40 C.F.R. § 745.100 (emphasis added). Neither the statute nor the regulations indicate whether sellers or lessors must comply with the disclosure obligations with respect to parties unconnected to the real estate transaction with which they were involved.”
Goolsby v. Best in Neighborhood LLC, No. 3:19-cv-02664 (N.D. Ohio Sept. 29, 2022). “The EPA in turn formed rules describing the scope and enforcement provisions of § 4852d under 40 C.F.R. § 745.100 , et seq. Therein, the regulations reiterate the requirements of disclosure by sellers and lessors ( 40 C.”
Nathaniel E Chapman v. Zaki Jamil Alawi, No. 334948 (Mich. Ct. App. Jan. 18, 2018). “[40 CFR 745.100.] In this case, Chapman asserted that the Alawi parties performed several repairs that amounted to renovations under the federal regulations, including removing and replacing sagging drywall in the bedroom and living room; repairing a broken window; scraping,…”
Nathaniel E Chapman v. Zaki Jamil Alawi, No. 334948 (Mich. Ct. App. Jan. 18, 2018). “[40 CFR 745.100.] In this case, Chapman asserted that the Alawi parties performed several repairs that amounted to renovations under the federal regulations, including removing and replacing sagging drywall in the bedroom and living room; repairing a broken window; scraping,…”
United States v. Zook, No. 22-1060, 2022 WL 17438062 (10th Cir. Dec. 6, 2022). “Appellate Case: 22-1060 Document: 010110778202 Date Filed: 12/06/2022 Page: 2 Disclosure Rule,” see 40 C.F.R. §§ 745.100 to 745.119. After Zook refused to comply with the subpoena, the United States filed a petition for judicial enforcement.”
Lacy v. Ortega, No. 2022-0558 (D.D.C. Sept. 22, 2025). “§ 4852d(a)(1)(B); accord 40 C.F.R. § 745.100 . The parties do not dispute that Defendant Ortega supplied Plaintiff with the required lead-based paint disclosure forms, on which she indicated that she was not aware of any lead-based paint or lead-based paint hazards at the…”
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