U.S. Code » Title 15 » Chapter CHAPTER 53— TOXIC SUBSTANCES CONTROL › Subchapter SUBCHAPTER IV— LEAD EXPOSURE REDUCTION

15 U.S.C. § 2686

Lead hazard information pamphlet

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(a) Lead hazard information pamphletNot later than 2 years after October 28, 1992, after notice and opportunity for comment, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Housing and Urban Development and with the Secretary of Health and Human Services, shall publish, and from time to time revise, a lead hazard information pamphlet to be used in connection with this subchapter and section 4852d of title 42. The pamphlet shall—(1) contain information regarding the health risks associated with exposure to lead;(2) provide information on the presence of lead-based paint hazards in federally assisted, federally owned, and target housing;(3) describe the risks of lead exposure for children under 6 years of age, pregnant women, women of childbearing age, persons involved in home renovation, and others residing in a dwelling with lead-based paint hazards;(4) describe the risks of renovation in a dwelling with lead-based paint hazards;(5) provide information on approved methods for evaluating and reducing lead-based paint hazards and their effectiveness in identifying, reducing, eliminating, or preventing exposure to lead-based paint hazards;(6) advise persons how to obtain a list of contractors certified pursuant to this subchapter in lead-based paint hazard evaluation and reduction in the area in which the pamphlet is to be used;(7) state that a risk assessment or inspection for lead-based paint is recommended prior to the purchase, lease, or renovation of target housing;(8) state that certain State and local laws impose additional requirements related to lead-based paint in housing and provide a listing of Federal, State, and local agencies in each State, including address and telephone number, that can provide information about applicable laws and available governmental and private assistance and financing; and(9) provide such other information about environmental hazards associated with residential real property as the Administrator deems appropriate.(b) Renovation of target housing

Within 2 years after October 28, 1992, the Administrator shall promulgate regulations under this subsection to require each person who performs for compensation a renovation of target housing to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation.

(Pub. L. 94–469, title IV, § 406, as added Pub. L. 102–550, title X, § 1021(a), Oct. 28, 1992, 106 Stat. 3920.)
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2004–2023 · leading case: Morris v. Flaig, 511 F. Supp. 2d 282 (E.D.N.Y 2007).
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Morris v. Flaig, 511 F. Supp. 2d 282 (E.D.N.Y 2007). “) Under the statute, the lessor of any apartment is required to: (A) provide the purchaser or lessee with a lead hazard information pamphlet, as prescribed by the Administrator of the Environmental Protection Agency under section 406 of the Toxic Substances Control Act [ 15…”
Wallace v. United States, 335 F. Supp. 2d 252 (D.R.I. 2004). “15 U.S.C. § 2686 ; (B) disclose to the purchaser or lessee the presence of any known lead-based paint, or any known lead-based paint hazards, in such housing and provide to the purchaser or lessee any lead hazard evaluation report available to the seller or lessor; and (C)…”
Webster v. Shaw, 2016 Ohio 1484 (Ohio Ct. App. 2016). “This federal statute requires that before the purchaser or lessee is obligated under any contract to purchase or lease the housing, the seller or lessor shall-- (A) provide the purchaser or lessee with a lead hazard information pamphlet, as prescribed by the Administrator of the…”
McCormick v. Kissel, 458 F. Supp. 2d 944 (S.D. Ind. 2006). “The regulations shall require that, before the purchaser or lessee is obligated under any contract to purchase or lease the housing, the seller or lessor shall— (A)provide the purchaser or lessee with a lead hazard information pamphlet, as prescribed by the Administrator of the…”
Cudjoe v. Dep't of Vets. Affairs, 426 F.3d 241 (3rd Cir. 2005). “The Residential Lead-Based Paint Hazard Reduction Act is a disclosure statute requiring a seller or lessor of residential target housing (1) to provide the purchaser or lessee with a lead hazard information pamphlet (as described in 15 U.S.C. § 2686 ); (2) to disclose the known…”
United States v. Michael Moshe Shimshoni, 631 F. App'x 788 (11th Cir. 2015). “§ 4852d(b)(5), further provides that a violation of any EPA rale issued under the Lead Hazard Act constitutes a “prohibited act” under the Toxic Substances Act as codified at 15 U.”
Goolsby v. Best in Neighborhood LLC (N.D. Ohio 2023). “In relevant part, § 4852d places the following obligations on sellers and lessors of target housing: (A) provide the purchaser or lessee with a lead hazard information pamphlet, as prescribed by the Administrator of the Environmental Protection Agency under section 406 of the…”
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