[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR35.96]



[Page 321-322]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 35_LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL 

STRUCTURES--Table of Contents

 

 Subpart A_Disclosure of Known Lead-Based Paint and/or Lead-Based Paint 

           Hazards Upon Sale or Lease of Residential Property

 

Sec.  35.96  Enforcement.



    (a) Any person who knowingly fails to comply with any provision of 

this subpart shall be subject to civil monetary penalties in accordance 

with the provisions of 42 U.S.C. 3545 and 24 CFR part 30.

    (b) The Secretary is authorized to take such action as may be 

necessary to enjoin any violation of this subpart in the appropriate 

Federal district court.

    (c) Any person who knowingly violates the provisions of this subpart 

shall be jointly and severally liable to the purchaser or lessee in an 

amount



[[Page 322]]



equal to 3 times the amount of damages incurred by such individual.

    (d) In any civil action brought for damages pursuant to 42 U.S.C. 

4852d(b)(3), the appropriate court may award court costs to the party 

commencing such action, together with reasonable attorney fees and any 

expert witness fees, if that party prevails.

    (e) Failure or refusal to comply with Sec. Sec.  35.88 (disclosure 

requirements for sellers and lessors), Sec.  35.90 (opportunity to 

conduct an evaluation), Sec.  35.92 (certification and acknowledgment of 

disclosure), or Sec.  35.94 (agent responsibilities) is a violation of 

42 U.S.C. 4852d(b)(5) and of TSCA section 409 (15 U.S.C. 2689).

    (f) Violators may be subject to civil and criminal sanctions 

pursuant to TSCA section 16 (15 U.S.C. 2615) for each violation. For 

purposes of enforcing this subpart, the penalty for each violation 

applicable under 15 U.S.C. 2615 shall be not more than $10,000.