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judgeLeasing agent faced criminal prosecution

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 EPAs lead hazard information pamphlet to its lessees.

In addition to this settlement, EPA’s Criminal Investigation Division and the Connecticut U.S. Attorney’s Office prosecuted an individual employee for violations of the Disclosure Rule. On December 11, 2009, Sandra Sattler, leasing supervisor, pled guilty to one count of knowingly and willfully failing to provide Lead Disclosure information in violation of TSCA.  She was sentenced to six-months probation and fined $2,500.

Federal law requires that property owners, property managers and real estate agents leasing or selling housing built before 1978 provide the following information to tenants and buyers: an EPA-approved lead hazard information pamphlet, called Protect Your Family from Lead in Your Home; a lead warning statement; statements disclosing any known lead-based paint and lead-based paint hazards; and copies of all available records or reports regarding lead-based paint and lead-based paint hazards. This information must be provided to tenants and buyers before they enter into leases or purchase and sales agreements. Property owners, property managers and real estate agents equally share responsibility for providing lead disclosure information and must retain copies of records regarding lead disclosures for three years.

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  • Joseph

    The homes I rent are pre 1978, But I do not know if they have lead paint. I am not going to disclose to my tenant that there may be lead paint. I will give them the pamphlet and let them decide.

    Well the EPA has shown its true face. They are after money! They need cash to pay for the inspectors they will hire to enforce this stupid law.

  • Disclosures are enforced by the gov. because we have people like Joseph that don’t put the client FIRST (#1). I personally will ensure that to the best of my knowledge there is no Lead based paint, no mold, and/or no radon. Disclosure is in place to PROTECT the client whether it be a renter or owner. If you knowingly/suspect a discrepancy you are MORALLY responsible for disclosing that. Ask yourself, ” Why does the government have to enforce………..”. My answer is, “A lot of someones on the scene/local FAILED to enforce it. That is how/when the gov. took over. We bring it upon ourselves when we bet greedy and put the $$$$$ before the client safety.”

  • Matt Bayan

    We have several pre-1978 houses we rent out. I give each renter a copy of the EPA Lead pamphlet at lease signing and I give them a statement that we don’t know of any lead issues, which the renter and I also sign. All properties have been well-painted recently with latex paint, there is no flaking. We have never had tests done and unless we are required to do testing, we don’t need to open that expensive Pandora’s box, do we? Is this an unreasonahle position?

  • Pat M

    You will find out if yu have lead paint in your rented out dwelling when you get a call from an inspector from housing and a visiting nurse.regardless when the tenant moved in, if the child goes to the “clinic” andshows high levels of lead, it HAD to have come from their current living place. Foret the fact that most “tin” cans are sealed with lead, most “cheap” toes come rom China tainted with lead.Been there done that !!!!
    A friend ad also a landlord is tied up for several years with an ongoing LEAD cas. It’s a source of $$$$$ for those that chase ambulances…. nuff said.

  • Pat M

    sorry about my mispells, I am on a roll !

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