EPA CITES FOUR LANDLORDS FOR FAILING TO DISCLOSE LEAD-BASED PAINT TO RESIDENTIAL TENANTS

["cpeo@cpeo.org" <cpeo@cpeo.org>]

Does anyone know if EPA going after small fish or big landlords?

Tony Chenhansa



EPA CITES FOUR LANDLORDS FOR FAILING TO DISCLOSE LEAD-BASED PAINT TO
RESIDENTIAL TENANTS - Complaints Issued to Building Owners in Erie,
Harrisburg and Baltimore

PHILADELPHIA - The U.S. Environmental Protection Agency (EPA) today
announced that it has issued administrative complaints against four
landlords in Pennsylvania and Maryland for violating the federal law
requiring landlords to disclose lead-based paint information. 

In separate administrative complaints, EPA seeks a $44,000 penalty against
Jeb Stuart Fries, owner of two rental properties in Baltimore, Md.; a
$28,600 penalty against Ray F. Tenalio, Jr., owner of a Harrisburg, Pa.,
rental property; a $10,000 penalty against Charles R. Filbey, owner of a
multi-unit residential rental property in Harrisburg, Pa.; and a $14,300
penalty against Gerald Shields, owner of a residential rental property in
Erie, Pa. These individuals were cited for violating the Lead Disclosure
Rule. These legal actions are part of our nationwide effort to protect
homeowners, tenants and their children from the health hazards of
lead-based paints. 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 are
particularly vulnerable because their nervous systems are still
developing,@ said EPA Regional Administrator W. Michael McCabe. 

Under the Lead Disclosure Rule, sellers and landlords of residential
housing built before 1978 must disclose to purchasers and tenants the
presence of known lead-based paint hazards (or indicate a lack of knowledge
of such hazards); provide a lead hazard information pamphlet; provide a
standard lead-warning statement on the dangers of lead-based paint; provide
purchasers with a 10-day opportunity to conduct a lead-based paint
inspection; and include disclosure and acknowledgment language in sales
contracts and leases. 

The regulation applies to the rental and sale of all pre-1978 residences,
with few exceptions, whether or not the property is later found to have
lead-based paint. (The rule does not apply if a property is previously
found to be lead-free by a certified inspector.). However, inspection
reports showed the presence of lead-based paint in each of the properties
cited in EPA's complaints. 

Baltimore, Md.: Mr. Fries, the owner of several rental properties in
Baltimore, allegedly failed to provide the disclosure statement and lead
paint information when he leased two properties to tenants with young
children -- an apartment on East Eager Street, leased in March 1998 to a
tenant with two children, ages 11 and five; and a property at Francis
Street, leased in October 1997, to tenant with three children. Both
properties had lead-based paint, according to the Baltimore Health Department.

Harrisburg, Pa.: Mr. Tenalio allegedly failed to provide the disclosure
statement and lead paint information when he leased an apartment on S. 14th
Street to a tenant with several children. Tests of paint samples from an
October 1998 inspection of the apartment by the Harrisburg Childhood Lead
Poisoning Prevention Center tested positive for lead. 

Mr. Filbey, owner of a mult-unit residential rental property at N.16th and
Market Streets, Harrisburg, Pa. allegedly failed to provide a disclosure
statement and lead paint information to the prospective lessee prior to
entering into a June 1, 1997 lease  agreement. At the time of the lease
signing, the tenant had a five year-old child. Several of the paint samples
tested during a September 1995 inspection by a Harrisburg Childhood Lead
Poisoning Prevention Center Public Health Nurse contained lead.

Erie, Pa.: Mr. Shields, owner of a rental property on East 11th Street,
allegedly failed to provide a disclosure statement and lead-based paint
information when he leased a first floor apartment to a new tenant in July
1998. At the time of the lease signing, the new tenant had three young
children. Several of the paint samples tested during an October 1998
inspection of the rental property by an Erie County Health Department
Community Health Specialist contained lead. 

The individuals named in these complaints have the right to a hearing to
contest the alleged violations and proposed penalties. 

For more information on the Lead Disclosure Rule, please visit
www.epa.gov/reg3wcmd/leadisc.htm or www.epa.gov/opptintr/lead/leadbase.htm