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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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.

Companies Fined for Failing to Notify Tenants About Lead Paint at Two Navy Bases in New England

News Release
U.S. Environmental Protection Agency
New England Regional Office
May 1, 2012

Contacts: David Deegan, (617) 918-1017

Companies Fined for Failing to Notify Tenants About Lead Paint at Two Navy Bases in New England

(Boston, Mass. – May 1, 2012) – Two companies have agreed to pay a penalty of $89,300 to settle EPA claims that they violated federal lead paint disclosure laws at the Portsmouth Naval Shipyard in Kittery, Maine and the Naval Submarine Base New London in Groton, Conn.

In a recent EPA enforcement complaint, EPA alleged that Northeast Housing, LLC, and Balfour Beatty Military Housing Management, LLC failed on multiple occasions to notify prospective tenants, including families with young children, about potential lead paint hazards in housing managed by the companies on the two Navy bases in New England.  Specifically, the companies failed to comply with the Lead Based Paint Disclosure Rule when they entered into contracts to lease housing with military personnel during the years 2007-2010 by failing to provide available records and reports regarding lead-based paint and lead-based paint hazards to 13 lessees (10 lessees at Portsmouth and three lessees at the Conn. base).  Nine of the lessees were families with children, including seven families with children under the age of six.

Notifying prospective tenants of housing units helps parents protect young children from exposure to lead-based paint hazards.  Infants and young children are especially vulnerable to lead paint exposure, which can cause intelligence quotient deficiencies, 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.

Many homes built before 1978 have lead-based paint. The federal government banned lead-based paint from housing in 1978. The purpose of the Lead Disclosure Rule is to provide residential renters and purchasers of pre-1978 housing with enough information about lead-based paint in general and known lead-based paint hazards in specific housing, so that they can make informed decisions about whether to lease or purchase the housing.

The housing at both bases is owned by Northeast, a joint venture limited liability company between the Department of the Navy and a wholly-owned subsidiary of Balfour Beatty Communities, LLC, of which the BBC affiliate is the managing member.  There are approximately 25 pre-1978 housing units located at Portsmouth Naval Shipyard, where housing was built in the 1800s and early 1900s.  There are approximately 735 pre-1978 housing units at the Naval Submarine Base in Groton which were built in the early 1960s.

Northeast Housing and Balfour Beatty Military Housing Management cooperated with EPA in promptly correcting the violations and in reaching a quick settlement.


More information on lead hazards and lead disclosure rule: http://epa.gov/lead/pubs/leadinfo.htm

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EPA Cites Realty Company for Violating Federal Law on Notice of Lead-based Paint Hazards in Reading, Pa.

EPA Cites Realty Company for Violating Federal Law on Notice of Lead-based Paint Hazards in Reading, Pa.

PHILADELPHIA (March 26, 2012) -- The U.S. Environmental Protection Agency has cited Crespo Realty, Inc. , of Flushing, N.Y., for allegedly violating a federal law requiring the company to disclose information on lead-based paint hazards to tenants renting four Reading, Pa. properties.

The Disclosure Rule under the Residential Lead-Based Paint Hazard Reduction Act requires sellers and landlords of residential housing built before 1978 (when lead-based paint was banned under federal law) to disclose to purchasers and tenants the presence of known lead-based paint hazards (or lack of knowledge of hazards). Landlords must provide a lead hazard information pamphlet; provide a standard warning statement in the lease on the dangers of lead-based paint; and include disclosure and acknowledgment language in leases.

According to EPA's complaint, Crespo Realty, Inc. did not provide the required lead hazard information and lead hazard disclosures in five leases in four residential properties in Reading.   EPA will propose a penalty for these alleged violations after giving the company an opportunity to respond to the complaint. However, the complaint notes that the statutory maximum penalty for violations of the Disclosure Rule is $11,000 per violation. Crespo has the right to a hearing to contest the alleged violations.

EPA is cooperating with other federal, state, and local agencies to protect tenants and homeowners from the health risks of lead-based paint. High blood levels of lead can cause permanent damage to the nervous system and widespread health problems, such as a reduced intelligence and attention span, hearing loss, stunted growth, reading and learning problems and behavioral difficulties. Young children, in particular, are most vulnerable because their nervous systems are still developing.

For more information on environmental, health, and legal issues involving lead, please visit http://www.epa.gov/lead/index.html. 

Rental Co. Faces Fine for Failing to Inform Residents of Lead Paint

Rome, New York Rental Company Faces Fine for

Failing to Inform Residents about the Presence of

Lead-based Paint and its Dangers

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

(New York, N.Y. - March 16, 2012) The U.S. Environmental Protection Agency has issued a complaint against CRM Rental Management, Inc. of Rome, N.Y. for not informing residents of its buildings about potential lead-based paint in their apartments. It is estimated that three-quarters of U.S. residential dwellings built before 1978 contain some lead-based paint. Infants and young children are especially vulnerable to lead-based paint exposure, which can cause IQ deficiencies, reading and learning disabilities, impaired hearing, reduced attention spans, hyperactivity and behavioral problems. CRM Rental Management faces over $140,000 in potential fines for 43 instances in which the company failed to properly inform residents of four buildings in New Hartford and Rome, New York about the potential presence of lead-based paint.

“Lead paint is a serious threat to children’s health and disclosure can arm families with information they need to protect their kids,” said Judith A. Enck, EPA Regional Administrator. "Rental agents, property managers and building owners are required to follow EPA lead paint disclosure requirements and make sure people are aware of potential lead hazards in homes.”

Lead poisoning remains one of the most prevalent threats to children's well-being but it is also one of the most preventable. Under federal law, families have the right to know whether there are any potential lead-paint hazards in a prospective home, and must be informed about the harm lead can inflict on small children. Pregnant women and children younger than age six are among the most vulnerable to adverse health risks from lead-based paint.

EPA regulations require real estate management companies and property owners that sell or rent housing built before 1978 to provide renters or buyers with a form that contains a warning about the dangers of lead-based paint and discloses information about its presence. People renting or buying an apartment or home must verify that they received the required warning and disclosure information, including the EPA pamphlet, Protect Your Family from Lead in Your Home. Prospective purchasers have a 10-day opportunity to assess the property for risks for the presence of lead-based paint.

The complaint against CRM Rental Management alleges that the company failed to provide residents with lead-based paint warning and disclosure statements, making them aware of records or reports that would alert them to potential lead-based paint hazards, and secure required signatures verifying that the required information was received.

In collaboration with the U.S. Department of Housing and Urban Development and the Centers for Disease Control, EPA operates the National Lead Information Center, including a toll-free hotline that can be reached at 1-800-424-LEAD (5323).

For more information on lead and the risks posed by lead paint, visit: http://www.epa.gov/lead.

Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.

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Titan Environmental Services to Pay $10,878 Penalty

News release from EPA Region 7:

U.S. Environmental Protection Agency, Region 7

901 N. Fifth St., Kansas City, KS 66101

Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations

Titan Environmental Services to Pay $10,878 for Violations of Residential Lead-Based Paint Hazard Reduction Act

Contact Information: Chris Whitley, 913-551-7394, whitley.christopher@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., Feb. 6, 2012) - Titan Environmental Services, Inc., of Kansas City, Mo., has agreed to pay a $10,878 civil penalty to the United States to settle a series of violations of the Residential Lead-Based Paint Hazard Reduction Act, including failures to provide required hands-on training to contractors and other renovation professionals who enrolled in some of its training courses.

As part of its settlement with EPA Region 7, and in addition to paying the $10,878 civil penalty, Titan Environmental Services has agreed to offer the federally-required hands-on training at no cost to trainees who were enrolled in the company’s classes where EPA found violations.

The company has also agreed to perform a supplemental environmental project, through which it will spend at least $97,902 to fund lead abatement activities at five residential properties in St. Joseph, Mo. The project will cover window replacement and lead-based paint abatement, to be performed by entities licensed and/or certified by the State of Missouri. Titan Environmental Services must submit detailed work plans to EPA for approval before the abatement activities begin, and follow-up reports to the Agency when those activities are completed, under terms of the settlement.

According to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan., Titan Environmental Services’ violations of the Residential Lead-Based Paint Hazard Reduction Act were based on findings from three EPA inspections: a May 2010 recordkeeping inspection at the company’s Kansas City business office, an October 2010 inspection at a lead-based paint training course given by the company at a hotel in Osage Beach, Mo.; and an October 2010 follow-up recordkeeping inspection at the company’s business office.

The Residential Lead-Based Paint Hazard Reduction Act of 1992, which amended the Toxic Substances Control Act (TSCA), was designed to address the need to control exposure to lead-based paint hazards. The law directs EPA to regulate the accreditation of training programs offered to renovation professionals, including minimum requirements for training providers, training curriculum, training hours, hands-on training, trainee competency and proficiency, and requirements for training program quality control.

Common renovation activities like sanding, cutting and demolition can produce hazardous lead dust that can be harmful to adults and children.

EPA’s inspections found that, despite being accredited in August 2009 to offer training in the Renovator Initial Course – English, Titan Environmental Services: 

• Failed to properly notify EPA at least seven days in advance of offering training on at least six occasions during 2010.
• Failed to properly notify EPA within 10 days after completions of training on at least 35 occasions during 2010.
• Failed to maintain and make available to EPA necessary documents showing the education, work experience, training requirements or demonstrated experience for the principal instructor of a course offered in April 2010.
• Failed to cover all required portions of hands-on training activities during training courses provided on at least four occasions in April 2010 and October 2010.
• Failed to maintain and make available to EPA the necessary student assessment forms for training courses provided on at least two occasions in April 2010. 

By agreeing to the settlement with EPA, Titan Environmental Services has certified that it is presently in compliance with the applicable federal regulations.

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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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