Title 10 of the Housing and Community Development Act and Its Impact on Lead Poisoning Cases in Baltimore, Maryland:
A. REFERENCE NOTES:
- 42 U.S.C. §4852(d), Public Law §102-550.
- See 40 C.F.R. §745.100-119.
- See 40 C.F.R. §745.102.
- See 40 C.F.R. §745.113.
- 100.
- 103.
- See, e.g., Lanthier v. Fereleto, 237 A.D.2d 877, 654 N.Y.S.2d 531 (4th Dep't 1997).
- 42 U.S.C.A. §4852d(b)(3)(4) (emphasis added).
- Id.
- Id.
- See other, Baltimore, Maryland and District of Columbia lead-based paint poisoning BLOGS by Attorney Charles Jerome Ware.
TITLE 10
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," a 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. In addition, Title X provides for both civil and criminal penalties for violations of its provisions and authorizes HUD to seek injunctive relief for such violations.
The 1996 Regulations
In March 1996, HUD and EPA issued joint regulations implementing Title X. The Title X regulations became effective on September 6, 1996, for "owners of more than four residential dwellings" and on December 6, 1996, for "owners of one to four residential dwellings."
Besides setting more specific guidelines, the Title X regulations require sellers and lessors and their agents to maintain the disclosure records for at least three years. The purpose of the Title X regulations is stated as follows:
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.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.
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