Rhode Island Property Owner Faces Fine for Failing to Notify Tenants about Potential Lead Hazards

News Release
U.S. Environmental Protection Agency
New England Regional Office
July 20, 2012

Contact:  David Deegan, (617) 918-1017

Rhode Island Property Owner Faces Fine for Failing to Notify Tenants about Potential Lead Hazards

(Boston, Mass. – July 20, 2012) – A Rhode Island company faces a penalty of up to $421,900 for repeatedly violating federal lead-based paint disclosure laws and regulations when leasing residential property in Providence.

A recent EPA complaint alleges that Private Reserve Properties, LLC failed to notify prospective tenants, including families with young children, about potential lead-paint hazards in housing owned by the company, as required by the Residential Lead-Based Paint Hazard Reduction Act of 1992 and the Lead-Based Paint Disclosure Rule. 

Private Reserve Properties owns about 50 properties, with about 130 rental units, throughout Providence.  Many of the company’s holdings, including several subject to the complaint, are in environmental justice areas, which have higher than average rates of poverty. 

The complaint asserts 61 violations of the federal disclosure requirements associated with 16 leases signed between 2009 and 2011.  According to the complaint, Private Reserve Properties failed to disclose the presence of lead-based paint or lead-based paint hazards in its housing, provide tenants with available reports and records regarding lead-based paint, and supply educational information regarding lead-based paint hazards.  Eight of the leases include families with children who are more vulnerable to the adverse affects of lead exposure.

Exposure to lead paint is a serious health concern in New England due to the age of the housing stock.  Infants and young children are especially vulnerable to lead paint exposure, which can cause lowered intelligence, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavior problems.  Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems and muscle and joint pain.

The purpose of the Residential Lead-Based Paint Hazard Reduction Act and the Lead-Based Paint Disclosure Rule is to ensure that prospective tenants have enough information about lead-based paint in general and known lead-based paint hazards in specific housing to make an informed decision about whether to lease a particular property.  Among other things, the Disclosure Rule requires landlords to provide prospective tenants with an EPA-approved lead hazard information pamphlet and lead warning statement; disclose the presence of known lead-based paint and lead-based paint hazards; and provide prospective tenants with available records and reports pertaining to lead-based paint in the housing to be leased.  Property managers and owners therefore play an important role in helping to prevent lead poisoning.  Violations of the federal disclosure requirements are subject to the penalty provisions set forth in the Toxic Substances Control Act. 

More information: Lead disclosure rules and health concerns (http://www.epa.gov/lead/)

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Carbon Disclosure Project (CDP) and Accenture Release Report Featuring European Cities

News release:

June 27, 2012

Carbon Disclosure Project (CDP) and Accenture Release Report Featuring European Cities

European cities lead global peers in climate change management issues, but face significant risks from warmer temperatures

LONDON, ROME; June 27, 2012 – European cities are leading their international peer group in various areas of climate change management, including setting emissions targets, according to a new report published today by the Carbon Disclosure Project (CDP) and Accenture (NYSE:ACN).

According to this new report "Seven Climate Change Lessons from the Cities of Europe," 22 European cities and local governments reported their emissions, strategies, risks and opportunities regarding climate change to CDP this year. Of these, 86 percent have set a city-wide reduction target, compared to the global average of 70 percent. Two-thirds of reporting European cities engaged with their suppliers on climate change, compared to 47 percent across all regional groupings of cities reporting to CDP in 2012.

“European cities are demonstrating leadership and best practice in managing climate change at the local level,” said Conor Riffle, Head of CDP’s cities program. “The report shows that other cities can benefit by implementing similar strategies, like annual measurement and reporting of greenhouse gas emissions.”

“Measuring climate change risks and performance goes beyond environmental stewardship,” said Bruno Berthon, managing director, Accenture Sustainability Services. “Transparent disclosure enables authorities to lower risks and associated insurance costs, and helps to demonstrate to investors and decision makers the relative appeal of their city in a competitive world in which talent and capital have choices as to where they locate.”

As well as target setting, the report identifies and examines six other key areas where European cities are demonstrating best practice to manage climate change including:

1. Annual measurement of emissions: European cities are moving toward measuring and reporting on city-wide emissions annually, using the best practice of annual benchmarking that large listed companies around the world follow. Fifty percent say they are now measuring city-wide emissions annually.
2. Reduction of greenhouse gas (GHG) emissions: One of the key goals of climate action is for a city to demonstrate year-on-year emissions reductions at a city-wide level. Two European cities show GHG reductions from their last CDP response—London and Copenhagen.
3. Completing risk assessments: Climate change risk assessment has become mainstream in Europe. Seventeen participating cities (77 percent) have completed or are in the process of completing risk assessments to understand how climate change will affect their local jurisdictions. These efforts reveal that 18 of the 22 European cities face significant risks arising from climate change and 54 percent categorize these risks as severe or very severe. Furthermore, as revealed by the CDP Global Cities Report released on 7th June, 16 of the 22 European cities say they are facing risks related to frequent or intense rainfall and the same proportion reports temperature rises or heatwaves.
4. Developing an adaptation plan: Once the risks have been identified, cities are moving to establish action plans to adapt. Fourteen cities (64 percent) report that they have an adaptation plan, and two additional cities are in the process of developing these plans.
5. Using sustainability to drive competitiveness: European cities show a growing awareness of the economic opportunity from climate change. Thirteen cities (59%) anticipate that addressing climate change will lead to development of new business industries in their cities.
6. Extending the city’s reach through voluntary agreements with the private sector: A small number of leading cities – including Berlin and Helsinki—are utilizing voluntary agreements with local businesses to further their cities’ climate protection goals.

Reporting cities Ajuntament de Barcelona, Ayuntamiento de Madrid, Basel-Stadt, City of Amsterdam, City of Berlin, City of Copenhagen, City of Helsinki, City of Paris, City of Stockholm, City of Warsaw, Comune di Milano, Comune di Oristano, Dublin City Council, Free and Hanseatic City of Hamburg, Gemeente Rotterdam, Greater London Authority, Greater Manchester, ?stanbul Metropolitan Municipality, Moscow Government, Riga City, Roma Capitale, Village of Kadiovacik.

About CDPThe Carbon Disclosure Project (CDP) is an independent not-for-profit organization providing a transformative global system for companies and cities to measure, disclose, manage and share climate change and water information. Over 3,700 organizations across the world’s largest economies now report their greenhouse gas emissions and assessment of climate change risk and opportunity through CDP, in order that they can set reduction targets and make performance improvements. CDP now holds the largest collection globally of self-reported climate change data. For more information visit www.cdproject.net.

About AccentureAccenture is a global management consulting, technology services and outsourcing company, with more than 246,000 people serving clients in more than 120 countries. Combining unparalleled experience, comprehensive capabilities across all industries and business functions, and extensive research on the world’s most successful companies, Accenture collaborates with clients to help them become high-performance businesses and governments. The company generated net revenues of US$25.5 billion for the fiscal year ended Aug. 31, 2011. Its home page is www.accenture.com.

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Washington landlord cited for failing to notify tenants of lead paint

Washington landlord cited for failing to notify tenants of lead paint

Contact: Kim Farnham, EPA LBP Compliance Officer, 206-553-6697, farnham.kim@epa.gov
Jeff Philip, EPA Public Affairs, 206-553-1465, philip.jeff@epa.gov

(Seattle – May 15, 2012) Robert Kerr of Everett, Washington will pay a penalty for alleged violations of the federal Real Estate Notification and Disclosure Rule, according to a settlement with the U.S. Environmental Protection Agency.

Mr. Kerr leases properties located in Bellingham, Washington. From 2008-2010, Mr. Kerr leased 26 residential units numerous times and failed to notify tenants about the presence of lead paint and lead-based paint hazards, as required by the Disclosure Rule. Mr. Kerr will pay a $21,800 penalty.

“People have the right to know about lead hazards prior to renting or buying a place to live,” said Rick Albright, Director of EPA’s Office of Air, Waste and Toxics in Seattle. “Sellers, landlords and property managers who do not properly notify the people who will live in these homes can face stiff penalties.”

The Disclosure Rule requires landlords, property management companies, real estate agencies, and sellers to inform potential lessees and purchasers of the presence of lead-based paint and lead-based paint hazards in pre-1978 housing. They must also provide the purchaser or lessee with a copy of the Lead Hazard Information Pamphlet, “Protect Your Family from Lead in Your Home” before entering into any lease or sales agreement, and keep records showing they have met the federal requirements.

Lead from paint, dust, and soil can be dangerous if not managed properly. Lead exposure can harm young children, babies and developing fetuses. People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead.