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§ 6-809. Remedies.

(1) Where the seller does not comply with the provisions of Sections 6-803 or 6-804 the buyer shall be entitled to damages in the amount of double the reasonable cost of a comprehensive residential lead inspection plus attorney's fees and costs. An aggrieved party may also obtain injunctive relief plus attorney's fees and costs to enforce the terms of this Section in any court having jurisdiction.

(2) Where the lessor does not comply with the provisions of Section 6-804 the lessee shall be entitled to damages in the amount of double the reasonable cost of a comprehensive residential lead inspection plus attorney's fees and costs. An aggrieved party may also obtain injunctive relief plus attorney's fees and costs to enforce the terms of this Section in any court having jurisdiction.

(3) Where a lessor does not comply with any provision of Section 6-803, the lessee shall be entitled to bring an action in a court of competent jurisdiction and a prevailing lessee shall be entitled to the following remedies:

(a) an order requiring the lessor to provide the required certification and the performance of the necessary work to make the property lead safe;

(b) damages for any harm caused by the failure to provide the certification;

(c) exemplary damages of up to $2,000;

(d) abatement and refund of rent for any period in which the lessee occupies the property without a certification having been provided; and

(e) attorney's fees and costs.

(4) Where a lessor does not comply with any provision of Section 6-803(3)(a), the lessor shall be denied the right to collect rent during or for the period of noncompliance.

(5) The provisions of this Ordinance shall be liberally construed to effectuate its purpose of disclosure.

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Keywords
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lead
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