42 U.S.C. § 4846
State laws superseded, and null and void (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))
Operative Text
It is hereby expressly declared that it is the intent of the Congress to supersede any and all laws of the States and units of local government insofar as they may now or hereafter provide for a requirement, prohibition, or standard relating to the lead content in paints or other similar surface-coating materials which differs from the provisions of this chapter or regulations issued pursuant to this chapter. Any law, regulation, or ordinance purporting to establish such different requirement, prohibition, or standard shall be null and void.
Under 42 U.S.C. § 4846, Congress has declared that federal law on lead content in paints and similar surface-coating materials takes precedence over any conflicting state or local rules on the same subject. If a state statute, local ordinance, or regulation sets a lead-content requirement, prohibition, or standard that differs from the federal framework established by this chapter or its implementing regulations, that differing rule is rendered null and void. The provision reflects a deliberate federal policy choice to establish a single, uniform national standard for lead content in surface-coating materials.
Plain English — not legal advice.
Property owners and managers operating under 42 U.S.C. § 4846 generally look to the federal lead-paint standards—rather than any conflicting state or local counterparts—as the controlling benchmark for lead content in paints and surface-coating materials. Compliant operators typically track the federal regulations issued pursuant to this chapter and apply those standards when selecting, using, or disclosing information about surface-coating materials. Where a state or local rule appears to impose a different lead-content requirement, § 4846 renders that differing rule unenforceable, so operators commonly verify which standard actually governs before acting.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
42 U.S.C. § 4846 establishes that tenants' protections regarding lead content in paints and surface coatings are grounded in federal law, and any state or local rule that conflicts with that federal standard has been declared null and void. This means the rights and protections available under the federal lead-paint framework are the operative baseline when evaluating lead-content issues in a rental unit. Tenants who believe a lead-content concern has not been properly addressed may explore options such as contacting a local housing authority, reaching out to a tenant-rights organization, or reviewing the federal regulations issued under this chapter to understand what standards apply.
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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