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EPA Levies $40,000+ Fines on Landlords Who Fail to Provide ‘EPA-Approved’ Pamphlets to Tenants

Home - by - August 25, 2012 - 21:00 America/New_York - 25 Comments

CNS

“Thinking of renting or selling a home or apartment?” asks the Environmental Protection Agency. “Make sure you disclose its lead-based paint history. Mr. Wolfe Landau did not and it cost him a $20,000 fine.”

Landau is one of the many landlords and realtors fined by the EPA for failing to provide an “EPA-approved” pamphlet to tenants seeking to rent or buy a house built before 1978.

And for the EPA, the non-compliance business is booming.

Juan Hernandez of Bridgeport, Conn., faces seven “Level 1” violations for failing to provide seven tenants with a copy of the “Protect Your Family From Lead In Your Home” pamphlet, which was mandated by the Residential Lead-Based Paint Hazard Reduction Act of 1992.

In Section 1018 of the law, Congress directed the Department of Housing and Urban Development (HUD) and the EPA to require the disclosure of lead-based paint hazards before the sale or lease of housing units built before 1978, the year lead-based paint was banned.

The EPA filed a complaint against Hernandez on March 27, detailing notifying him that the agency plans to collect $49,980 from him, which works out to $7,140 for each pamphlet he failed to distribute.

“Failure to provide a purchases or lessee an EPA-approved lead hazard information pamphlet pursuant to 40 C.F.R. § 745.1 07(a)(I) results in a high probability of impairing the lessee’s ability to properly assess information regarding the risks associated with exposure to lead-based paint and to weigh this information with regard to leasing the target housing in question,” the complaint read.

Hernandez’s total fine for other disclosure violations, such as supplying the property’s lead history and a “Lead Warning Statement,” reached $127,150, payable to the “Treasurer of the United States of America.”

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» 25 Comments

  1. Sarthurk

    August 25th, 2012

    Green is the new Brown, as in Brownshirts.

    Noteworthy Comment Thumb up +17

     
  2. Callmelennie

    August 25th, 2012

    Sounds harsh, but we can’t have people suffering brain damage from eating dried paint chips or licking lead based paint off the walls, can we?

    Think of the children

    Thumb up +9

     
  3. cfm990

    August 25th, 2012

    Cool! Now I can blackmail my landlord.

    Thumb up +7

     
  4. even steven

    August 25th, 2012

    @Callmelennie…that’s what happened to Joe Biden.

    Thumb up +5

     
  5. Annie

    August 25th, 2012

    Somalia has a written language?

    Thumb up +1

     
  6. Dadof3

    August 25th, 2012

    The Leviathon continues its steady march to crush all producing people under its gigantic wheel.

    First came the manufactures
    Then raw milk to get food producers in line
    Then the lemonade stands and hot dog vendors to get the food distributors in step.

    Now its the evil people who invested in real estate. Cant have land ownership in utopia you know.

    What’s next?

    Thumb up +4

     
  7. Doc

    August 25th, 2012

    Some years back a good friend of mine was a school superintendent for a fairly large school district in Calif. A reporter from a local paper was just appalled that lead paint abatement didn’t just soar to the top of his to do list. He simply told the reporter “We take pride in knowing that our students are smart enough to know they shouldn’t eat the paint off of the window sills.”

    You can probably imagine the shit he took for that, but he was already set for retirement and decided…FUCK IT, I’m gonna tell it like it is for a change.

    Noteworthy Comment Thumb up +18

     
  8. Xavier

    August 25th, 2012

    Those fines do sound excessive, but it’s hard to believe that anyone involved with selling or renting property wouldn’t be aware of these requirements.

    Thumb up +1

     
  9. Darwinian Monkey

    August 25th, 2012

    We’re talking about China, right?

    Thumb up +1

     
  10. Horseface

    August 25th, 2012

    Tyranny.

    Thumb up +1

     
  11. RosalindJ

    August 25th, 2012

    I do not believe that someone would be a renter and not know that eating non-food items is a no-no.

    Then I look at the man-on-the-street interviews, and I remain unconvinced that had they been given pamphlets to read about lead-based paint (which has been eradicated from use for decades, and those walls have surely been re-painted or knocked down by now), that they would be capable of comprehending them anyway.

    Thumb up +5

     
  12. Unneutral

    August 25th, 2012

    EPA

    I believe that means, Employment Prevention Agency.

    Thumb up +8

     
  13. Corona

    August 25th, 2012

    I had my Rubella Umbrella shot. Have you?

    Thumb up +1

     
  14. everywhere i go

    August 26th, 2012

    I was talking to a librarian last year about her concerns about the government looking into lead used in the print in books.
    They don’t give a shit if you or your children get lead poisoning — it is all about government control.

    Thumb up +5

     
  15. Mary Jane Anklestraps

    August 26th, 2012

    Unneutral, you are correct.

    Thumb up +1

     
  16. Stranded in Sonoma

    August 26th, 2012

    Can we just pour a bucket of lead-based paint down the throats of the EPA management?

    Thumb up +3

     
  17. slum landlord

    August 26th, 2012

    It’s a scam to seize your property if you can’t afford the fines plus penalties and interest.

    Thumb up +6

     
  18. David Kramer

    August 26th, 2012

    Is it time yet folks? Keep your powder dry.

    Thumb up +3

     
  19. House of Kell

    August 26th, 2012

    LMFAO…with all these retarded liberals running around the country there cannot possibly be any lead paint chips, left!!!

    Thumb up +4

     
  20. Nutjob

    August 26th, 2012

    Its called breaking you through legislation for the final outcome….siezure of your assets.

    Thumb up +2

     
  21. reddecaesari

    August 26th, 2012

    the amount of the fine is up to the discretion of the epa. what will they do for a shakedown when they can’t find any rental properties older than 1978? go after non low-flow toilet abusers?

    Thumb up +2

     
  22. Nutjob

    August 26th, 2012

    @reddecaesari,

    Shhhhhhhhhhh, don’t give them any ideas. They’ll ban barbeque grils next because of their carbon emission and mandate they all have to be electric grills.

    Thumb up +3

     
  23. RANDO

    August 26th, 2012

    So who’s gonna protect us from the environmental PROTECTION Agency?

    Thumb up +3

     
  24. RosalindJ

    August 26th, 2012

    Brilliant! Mandate low-flow barely functional toilets that explode. Then levy fines for not removing them fast enough. Why, if I hadn’t been indoctinated differently by our betters, I would think it was all part of a plan. Or something.

    Thumb up +4

     
  25. Absolute muddjuice

    August 26th, 2012

    Nazification of America in full bloom….

    Thumb up +2