Landlord to Pay $6,000 for Lease Omission

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A landlord in Springfield, Massachusetts has agreed to pay $6,000 to settle EPA claims that tenants in a 99-unit building were not provided with information concerning lead paint.

According to EPAs New England office, the owners of the apartment building failed to disclose information about lead-based paint prior to leasing 10 apartments in the building.

Specifically, they failed to provide a copy of EPAs lead hazard information pamphlet, Protect Your Family from Lead in Your Home, to the tenants and failed to include a lead warning statement in the lease.

According to EPA, the landlord also failed to include, as an attachment or within the lease, a list of records or reports regarding lead-based paint or lead-based paint hazards, or to indicate that no such list exists.

This action stems from a 2008 inspection of the property by EPA.

The Lead Disclosure Rule is meant to give tenants adequate information about the risks associated with lead paint so that they can make informed decisions before signing a lease agreement.

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: the EPA-approved lead hazard information pamphlet, 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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