42 U.S.C. § 4851
Findings (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))
Operative Text
The Congress finds that— low-level lead poisoning is widespread among American children, afflicting as many as 3,000,000 children under age 6, with minority and low-income communities disproportionately affected; at low levels, lead poisoning in children causes intelligence quotient deficiencies, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity, and behavior problems; pre-1980 American housing stock contains more than 3,000,000 tons of lead in the form of lead-based paint, with the vast majority of homes built before 1950 containing substantial amounts of lead-based paint; the ingestion of household dust containing lead from deteriorating or abraded lead-based paint is the most common cause of lead poisoning in children; the health and development of children living in as many as 3,800,000 American homes is endangered by chipping or peeling lead paint, or excessive amounts of lead-contaminated dust in their homes; the danger posed by lead-based paint hazards can be reduced by abating lead-based paint or by taking interim measures to prevent paint deterioration and limit children’s exposure to lead dust and chips; despite the enactment of laws in the early 1970’s requiring the Federal Government to eliminate as far as practicable lead-based paint hazards in federally owned, assisted, and insured housing, the Federal response to this national crisis remains severely limited; and the Federal Government must take a leadership role in building the infrastructure—including an informed public, State and local delivery systems, certified inspectors, contractors, and laboratories, trained workers, and available financing and insurance—necessary to ensure that the national goal of eliminating lead-based paint hazards in housing can be achieved as expeditiously as possible.
Section 42 U.S.C. § 4851 sets out Congress's formal findings that establish the factual and policy foundation for federal lead-based paint legislation. It recognizes that lead-based paint in older housing—particularly homes built before 1950—poses serious developmental and health risks to young children, with low-income and minority communities bearing a disproportionate share of that burden. The provision acknowledges that while some federal action began in the early 1970s, the government's response had remained inadequate, and that a coordinated national infrastructure is needed to address lead-based paint hazards effectively.
Plain English — not legal advice.
Although 42 U.S.C. § 4851 is a findings provision rather than a direct compliance mandate, it frames the congressional intent behind the lead-based paint disclosure and hazard-reduction requirements that do apply to housing operators. Operators of pre-1978 housing generally maintain awareness of the age and condition of painted surfaces, since deteriorating or abraded lead-based paint and lead-contaminated dust are identified in this section as the primary exposure pathways for children. Understanding these findings helps property managers contextualize why related regulations—such as disclosure obligations and hazard-reduction standards—exist and what conditions they are designed to address.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 42 U.S.C. § 4851 reflects Congress's recognition that children in millions of American homes face health and developmental risks from lead-based paint hazards, and that this burden falls disproportionately on low-income and minority communities. Tenants living in older housing, particularly units built before 1950, may have rights under related federal and state lead-based paint rules that flow from the policy framework this provision establishes. Those who believe their home may contain lead-based paint hazards can explore options such as contacting a local housing or health agency, reaching out to a tenant-rights organization, or reviewing whether applicable disclosure or hazard-reduction requirements have been met.
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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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