New England Landlords Face Fines for Failing to Notify Tenants about Lead Paint

April 13th, 2012 by DWM Magazine

The owners of rental properties in Bridgeport, Conn., as well as South Boston, Roxbury, and Dorchester, Mass., face EPA penalties for violating federal lead paint disclosure rules. According to the EPA’s announcement, in both cases, these violations potentially put tenants at risk of exposure to lead hazards.

In the complaint filed by EPA’s New England office, Juan Hernandez allegedly violated lead-based paint disclosure requirements seven times when he rented apartment units in Bridgeport, Conn., between 2008 and 2010. Hernandez faces an EPA penalty of up to $127,150 for violating federal lead paint disclosure rules. During the time period relevant to EPA’s investigation, all of the apartment buildings owned by Hernandez were located in potential environmental justice areas.

In a separate EPA complaint, Edward Franco, owner of El Paso Management, and its affiliates allegedly violated lead-based paint disclosure requirements when they rented apartment units three times in South Boston, Roxbury, and Dorchester in 2009. According to the announcement, most of the tenants involved in this case live in low income and/or minority areas.

Both parties are charged with failing to give tenants required lead hazard information pamphlets, failing to include lead warning statements in leases, failing to disclose any known lead-based paint or lead-based paint hazards, and/or failing to provide records or reports pertaining to lead-based paint or lead-based paint hazards.

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