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Six Figure Fine Over Paint Disclosures

By
Commercial Real Estate Agent with American Apartment Owners Association

Property Manager, Leasing Agent Prosecuted

A property management company based in Meriden, CT has agreed to pay a $276,000 penalty for violating federal lead-based paint disclosure requirements.

EPA alleged that the property management company violated the federal Lead Disclosure Rule when it failed to disclose information about lead paint to at least twenty tenants who rented their multi-unit residential properties between 2001 and 2003.

Specifically, the company failed to provide records or reports regarding lead hazards, failed to make sure that the lease included a Lead Warning Statement and a statement disclosing the known or unknown presence of lead-based paint, and failed to provide a copy of EPA's lead hazard information pamphlet to its lessees.

In addition to the fine, read more...

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Comments(4)

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Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

I am actually taking the course at our local community college next week * $350

May 26, 2010 12:15 PM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

I am fortunate to be in VA. Our legislature actually has INDEMNIFIED owners and agents so long as they provided the disclosure AND booklet.  I have the EPA/HUD booklet printed professionally and inserted in my resident handbook for ALL residents.

May 26, 2010 11:12 PM
Tom Boos
Sine & Monaghan Realtors, Real Living - Grosse Pointe Farms, MI
Providing the very best of service to Sellers and

They got what they deserved.  These are businesses which should know the rules that have been in place for many, many years.

May 27, 2010 06:38 AM
Maria Morton
Platinum Realty - Kansas City, MO
Kansas City Real Estate 816-560-3758

Lead affects the brain and nervous system - especially in children. Exposure to lead based paint by ingestion and inhalation has caused millions of children to suffer mental retardation, behavior disorders, slowed growth. hearing problems and learning problems.

All paint used in homes built before 1978 had lead in it because that's the way it was made.  Eating the paint chips or breathing in the particles from the paint flakes is how the lead gets into our bodies. Lead is poison to the body. That is why we give the Lead Based Paint Booklet to our tenants.

The company that was fined pled guilty to not giving the booklet to multiple tenants. They also pled guilty to not disclosing other reports they had on some properties. These people knew what they were doing. They could have given the booklets to the tenants; they could have disclosed the reports on the specific homes.  Their actions were irresponsible, wrong and illegal.

Common sense would dictate that we do not poison children or adults. Common sense would follow the disclosure regulations. That's all they had to do. Disclose. The article said nothing about the company being required to perform lead remediation. They just had to tell the truth.

Jul 03, 2010 05:03 PM