My landlord did not provide any disclosure as to the presence of lead based paint in our apartment nor were we provided with the Protect Your Family from Lead in Your Home pamphlet. What are the penalties under Federal Law for non-compliance?

Penalties for non-compliance with the EPA and HUD Regulations may include the following:

1. It creates what is called a private right of action for the tenant. This private right of action allows for you to sue the landlord for any damages arising from his/her breach of the responsibilities mandated by the EPA/HUD Regulations.

2. Knowing violators may be liable to the lessee for triple ( 3X ) damages.

3. The landlord may be liable for the leases attorney’s fees.

4. The landlord may be liable for the leasee’s expert witness fees.

5. The court may impose up to $10,000 in civil penalties.

6. There are criminal penalties of up to one year in jail for knowing violation.

7. They will be liable for any other damages arising from such violation.