A lead hazard is often used in the context of exposure to lead-based paint, lead-contaminated dust, and lead-contaminated soil. Children six years old and younger are the most likely to suffer health consequences from lead exposure. In 1976, Congress passed the Toxic Substances Control Act (15 U.S.C. §§2601-2692) in order to regulate “the production, importation, use, and disposal” of certain chemicals, including lead-based paint, in order to reduce hazards to human health and to the environment. In 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amended the Toxic Substances Control Act.
In 1992, Congress passed the Residential Lead-Based Paint Hazard Reduction Act (also known as Title X) to protect families from lead-contaminated paint, dust, and soil exposure. Under § 4852d, when selling or leasing premises included in target housing, which is most housing constructed prior to 1978, sellers or lessors must provide the purchaser or lessee with a lead hazard information pamphlet, disclose to the purchaser or lessee the presence of any known lead-based paint, or any known lead-based paint hazards, and permit the purchaser a 10-day period (unless the parties mutually agree upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint hazards.
In terms of liability for placing an individual(s) in housing with a lead-based paint hazard, in New York State, for example, liability for lead paint exposure is governed by common law negligence for dangerous conditions upon the premises (according to Lott-Coakley v. Ann-Gur Realty Corp.).
[Last updated in June of 2020 by the Wex Definitions Team]