24 C.F.R. § 35.96
§ 35.96 Enforcement. (24 CFR Part 35)
Operative Text
(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 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 § 35.88 (disclosure requirements for sellers and lessors), § 35.90 (opportunity to conduct an evaluation), § 35.92 (certification and acknowledgment of disclosure), or § 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.
Under 24 CFR Part 35 § 35.96, federal law establishes a layered enforcement framework for lead-based paint disclosure rules that apply to pre-1978 housing. A party who knowingly violates the disclosure, evaluation, certification, or agent-responsibility requirements can face civil monetary penalties up to $10,000 per violation, criminal sanctions, and a private lawsuit in which a court may award the harmed buyer or renter three times their actual damages. The federal government, through HUD's Secretary, also holds independent authority to seek a court injunction to stop ongoing violations, and a prevailing plaintiff in a civil damages action may recover attorney fees, expert witness fees, and court costs.
Plain English — not legal advice.
Property owners and managers who deal in pre-1978 housing generally ensure full compliance with the disclosure, evaluation opportunity, certification, and agent-responsibility requirements referenced in § 35.96 before any sale or lease is completed. Operators who maintain thorough documentation—signed acknowledgment forms, completed disclosure records, and agent instructions—demonstrate the kind of compliance posture that the enforcement provisions of § 35.96 are designed to reward by contrast with knowing violations. Because § 35.96 ties non-compliance to treble damages, civil penalties, and potential criminal sanctions, compliance-oriented operators treat lead disclosure obligations as a non-negotiable step in every covered transaction rather than an administrative formality.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 35.96, tenants and buyers of pre-1978 housing have federally backed rights if a seller, lessor, or their agent knowingly failed to meet lead-based paint disclosure obligations. A harmed individual may pursue a civil action for damages, and if successful, a court can award three times the actual damages suffered, plus attorney fees, expert witness fees, and court costs—making private enforcement financially accessible even when out-of-pocket losses are modest. Tenants who believe a violation occurred can explore options such as filing a complaint with HUD, raising the violation as a defense or counterclaim in a related proceeding, or consulting a tenant-rights organization familiar with § 35.96 and the broader lead disclosure framework.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.