Legal Definitions - Title X

Title X, in the context of housing, refers to the Residential Lead-Based Paint Hazard Reduction Act of 1992. This federal law was enacted to safeguard families, particularly young children, from exposure to lead hazards found in paint, dust, and soil within their homes.

The primary goal of Title X is to ensure that potential buyers and renters of older homes are fully informed about the presence of lead-based paint hazards before they commit to a purchase or lease. It places specific obligations on sellers and landlords of "target housing," which generally means any housing built before 1978, with some exceptions like housing for the elderly or disabled, or zero-bedroom dwellings (e.g., studio apartments).

Key requirements under Title X include:

• Disclosure of Known Information: Sellers and landlords must disclose any known information about lead-based paint or lead-based paint hazards in the property.
• Provision of Educational Materials: They must provide buyers and renters with an EPA-approved pamphlet containing information about lead-based paint hazards.
• Lead Warning Statement: A specific "Lead Warning Statement" must be included as an attachment to the sales contract or lease agreement, confirming that the required notifications have been made.
• Inspection Opportunity: Homebuyers must be given a 10-day period to conduct a paint inspection or risk assessment for lead-based paint hazards before finalizing the purchase.

For a renter to successfully bring a legal claim under Title X, they typically need to demonstrate that they were a lessee, the landlord failed to make the required disclosures, the property was "target housing," and the lease was signed after the law became effective. A landlord's duty under Title X can arise from either actual notice (meaning they directly knew about the lead paint and its disrepair) or constructive notice (meaning they should have known, given their awareness of the property's age, the paint's condition, the presence of a young child, and their responsibility for repairs).

Anyone who knowingly violates Title X can face civil liability, potentially owing three times the amount of damages incurred by the harmed individual. It's important to note that "knowingly" does not require proof of malicious intent or bad faith.

(Please note: "Title X" is a term used for various acts. This explanation specifically refers to the Residential Lead-Based Paint Hazard Reduction Act of 1992, not, for example, the Title X Family Planning Program.)

Examples of Title X in Action:

• Example 1: Home Sale Disclosure

  A couple, the Millers, are buying a charming house built in 1955. During the home inspection, the inspector notes some old, chipping paint on the window sills and doorframes. The seller, Ms. Rodriguez, had lived in the house for decades and knew that previous tests had confirmed lead-based paint in those areas, but she deliberately omitted this information from the disclosure forms and did not provide the EPA pamphlet. After moving in, the Millers' toddler begins to show elevated lead levels, traced back to ingesting paint chips from the window sills. The Millers could pursue a claim under Title X because Ms. Rodriguez failed to disclose known lead-based paint hazards and provide the required information before the sale of "target housing."

• Example 2: Rental Property and Constructive Notice

  Mr. Henderson owns several rental properties, including an apartment building constructed in 1930. He regularly sends maintenance crews to address tenant complaints and knows the building is old. A new family with a baby rents an apartment in the building. The mother repeatedly notifies Mr. Henderson's property manager about peeling paint in the nursery, but the manager dismisses it as "just old paint." Mr. Henderson was aware of the building's age, the general condition of the paint, and that a young child lived in the unit, even if he didn't have direct knowledge of lead paint specifically. If the child suffers lead poisoning from the paint, Mr. Henderson could be found liable under Title X based on constructive notice, as he should have known about the potential lead hazard given the circumstances and his duty to maintain the property.

• Example 3: Buyer's Inspection Period

  Sarah is purchasing a duplex built in 1968. The seller provides all the necessary Title X disclosures, including a statement that they have no knowledge of lead-based paint, and offers Sarah the mandatory 10-day period to conduct a lead-based paint inspection. Sarah, eager to close the deal quickly, waives her right to the inspection. A year later, while renovating, she discovers extensive lead paint throughout the property, requiring costly remediation. In this scenario, Sarah would likely not have a claim under Title X against the seller for damages related to the lead paint, because the seller fulfilled their obligations by providing the disclosure and the opportunity for inspection, which Sarah chose to decline.