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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Envtl. Justice Grant to Prevent Lead Poisoning & Restore Wetlands

News Release from EPA Region 2:

EPA Environmental Justice Grants to Help New York City Communities Prevent Lead Poisoning and Restore Wetlands

Organizations in Northern Manhattan, the South Bronx and Jamaica to Receive Funds

Contact: Elias Rodriguez, 212-637-3664, rodriguez.elias@epa.gov

(New York, N.Y. - Jan. 23, 2012) The U.S. Environmental Protection Agency is providing $75,000 to two New York City organizations to help them address public health and environmental problems in Northern Manhattan, the South Bronx and Jamaica, New York. West Harlem Environmental Action, Inc. (WE ACT) will receive $50,000 to test homes for lead and conduct research on the best ways to detect lead hazards in households in Northern Manhattan and the South Bronx. The Rockaway Waterfront Alliance will be provided $25,000 to train students to restore wetland habitats.

“EPA environmental justice grants provide much needed funds to tackle local pollution problems in low income communities," said Judith A. Enck, EPA Regional Administrator. "Lead poisoning can have serious and long-term effects on children’s abilities to learn. The environmental justice grant to WE ACT will advance our knowledge about how to best protect thousands of New York City children from lead poisoning. The Rockaway Waterfront Alliance will educate middle school and high school students about water pollution and give them the skills they need to be the next generation of environmental stewards.”

It is estimated three-quarters of U.S. residential dwellings built before 1978 contain some lead-based paint. Lead poisoning in children can have serious, long-term consequences including learning disabilities, hearing impairment and behavioral problems.

WE ACT will use the grant funds to conduct a research project that will expand scientific knowledge on the best ways to detect lead poisoning hazards in homes. The research will identify potential sources of lead in dust particles in homes, public drinking water systems and consumer products. The organization will enlist 100 residents to have their homes tested for lead. The field testing will look at the differences between having people test for lead using an instructional DVD or being instructed by a field technician. Simple lead dust wipe tests costs $40 to perform compared to a professional lead inspection, which costs approximately $500. If the cheaper test can first be performed to reliably determine whether a more robust and expensive test is needed, this will increase the number of homes identified as having lead hazards and save money for residents.

The Rockaway Waterfront Alliance will use its grant funds to create a Rockaway Youth Marine Conservation Corps in Jamaica, New York to restore wetland habitats. The group will launch a year-long wetland restoration program that will train low-income high school and middle school students about water pollution problems around Jamaica Bay. The bay is severely impacted by sewage and chemical pollutants, which has damaged water quality. Students will participate in oyster gardening along the Sommerville and Norton/Conch Basins and design and implement projects that involve their schools and communities in the cleanup and restoration of the Jamaica Bay.

Environmental justice means the fair treatment and meaningful involvement of all people, regardless of race or income, in the environmental decision-making process. Since 1994, the environmental justice small grants program has provided more than $23 million in funding to community-based nonprofit organizations and local governments working to address environmental justice issues in more than 1,200 communities. The grants further EPA’s commitment to expand the conversation on environmentalism and advance environmental justice in communities across the nation.

More information on the Environmental Justice Small Grants program and a list of grantees: http://www.epa.gov/compliance/environmentaljustice/grants/ej-smgrants.html

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