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Title X is a law that helps protect families, especially young children, from getting sick from lead in paint, dust, and soil. If you want to sell or rent a house built before 1978, you have to tell the buyer or renter if there is lead-based paint in the house. Landlords and sellers also have to give information about lead-based paint hazards and let buyers or renters inspect the house for 10 days. If a landlord or seller doesn't follow these rules, they can be sued and have to pay three times the amount of damages. This law is different from other laws with the same name.
Title X is a law that aims to protect families, especially young children, from exposure to lead from paint, dust, and soil. It was passed in 1992 and is also known as the Residential Lead-Based Paint Reduction Act.
One of the requirements of Title X is that before the sale or lease of housing units built before 1978, landlords and sellers must disclose any known information on lead-based paint. They must also provide EPA-approved information on lead-based paint hazards and a Lead Warning Statement. Homebuyers must be given a 10-day period to conduct a paint inspection or lead-based paint hazards.
If a renter wants to bring action under Title X, they must show that they were a lessee, the lessor failed to make proper disclosures, the leased property was "target housing," and the lease contract was signed after the regulation was effective. "Target housing" generally refers to any housing constructed prior to 1978, except for housing for the elderly or person with disabilities, or any 0-bedroom dwelling.
Landlords can be held responsible for violating Title X if they had actual or constructive notice of lead-based paint hazards. Actual notice is established by showing that some or all of the leased premises were painted with lead-based paint and the paint containing lead was in a state of disrepair. Constructive notice is established through a showing that the landlord retained a right of entry to the premises and assumed a duty to make repairs, knew that the apartment was constructed at a time before lead-based interiors were banned, was aware that the paint was in disrepair, knew the hazards of lead-based paint to young children, and knew that a young child lived in the premise.
If a person knowingly violates Title X, they can be subject to civil liability for three times the amount of damages incurred by the harmed individual. No proof of willfulness or bad faith is required to meet this standard.
For example, if a landlord fails to disclose known information on lead-based paint before leasing a housing unit built before 1978, and a child living in the unit suffers from lead poisoning, the landlord can be held liable under Title X for three times the amount of damages incurred by the child.