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Using the Federal Lead Hazard Disclosure Rule's Private Right of Action for Compensatory Damages and Broad-Based Injunctive Relief

By Gregory D. Luce & Anne M. Phelps

The private citizen-suit provision of the Residential Lead-Based Hazard Reduction Act can be a powerful tool for individuals and community-based organizations to address lead-based paint hazards in rental properties. The Act mandates treble compensatory damages and, through its link to the Toxic Substance Control Act, allows injunctive relief to compel property owners to abate lead hazards. Raised independently or as a counterclaim in an eviction proceeding, a claim for compensatory damages and injunctive relief may afford a party complete relief.

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