42 U.S.C. § 4831
Use of lead-based paint (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))
Operative Text
The Secretary of Health and Human Services shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any cooking utensil, drinking utensil, or eating utensil manufactured and distributed after . The Secretary of Housing and Urban Development shall take steps and impose such conditions as may be necessary or appropriate to prohibit the use of lead-based paint in residential structures constructed or rehabilitated by the Federal Government, or with Federal assistance in any form after . The Consumer Product Safety Commission shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any toy or furniture article.
Under 42 U.S.C. § 4831, three federal agencies are each assigned authority to restrict lead-based paint in specific contexts: the Secretary of Health and Human Services is directed to prohibit lead-based paint on cooking, drinking, and eating utensils manufactured after a specified date; the Secretary of Housing and Urban Development is directed to prohibit its use in federally constructed or federally assisted residential structures built or rehabilitated after a specified date; and the Consumer Product Safety Commission is directed to prohibit its application to toys and furniture. The provision establishes a framework of agency-level rulemaking and conditions rather than a single self-executing ban. Each agency is empowered to determine the specific steps and conditions necessary to carry out its assigned prohibition.
Plain English — not legal advice.
Property owners and managers working on federally financed or federally assisted residential construction or rehabilitation projects should be aware that 42 U.S.C. § 4831 directs HUD to prohibit the use of lead-based paint in such structures. Compliant operators in this space generally ensure that materials used in covered projects conform to HUD's implementing regulations and any conditions attached to federal assistance. Staying current with HUD guidance on lead-based paint restrictions is a standard part of managing federally assisted housing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
42 U.S.C. § 4831 establishes federal authority to restrict lead-based paint in federally constructed or assisted residential housing, which means tenants in such housing have a basis to inquire about lead-based paint compliance under this framework. Tenants who have concerns about lead-based paint in a federally assisted property may consider raising the issue with their local HUD field office or a tenant-rights organization familiar with federal housing standards. General enforcement paths can include filing a complaint with HUD or raising a potential violation in relevant housing proceedings, and consulting a tenant-rights organization can help clarify which avenues apply to a given housing type.
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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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