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EPA Waives Penalty as D.C. Landlord Discloses Lead Paint Violations

Release Date: 6/12/2000
Contact Information: Roy Seneca (215) 814-5567

Roy Seneca, 215-814-5567

WASHINGTON, D.C. - The U.S. Environmental Protection Agency will waive more than $1 million in potential penalties against a D.C. landlord and property management company for violations of the Residential Lead-Based Paint Hazard Reduction Act.

The owner and property management company of the 250-unit West Park Apartments at DuPont Circle voluntarily disclosed to EPA that they failed to advise tenants of the presence of lead-based paint. The property is owned by 2130 P St. Associates and managed by QDC Property Management Inc. These parties have corrected this disclosure violation, and have indicated they will abate and/or eliminate lead-based paint in the apartments.

“We encourage individuals and companies to disclose and correct environmental violations. We are pleased that these companies are now complying with the law and disclosing the risks from lead-based paint,” said EPA Regional Administrator Bradley M. Campbell.

Under federal law, sellers and landlords of housing built before 1978 must disclose to purchasers and tenants the presence of known lead-based paint hazards. The law also requires the sellers and landlords to 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.

In an October 22, 1999 letter, the two companies disclosed to EPA that they failed to comply with the disclosure requirements during lease transactions over a three-year period.

According to information provided to EPA, testing of paint at the apartment complex has revealed lead-based paint in parts of the garage and elevator frames and doors, but no lead-based paint in residential units. In December 1999, the companies disclosed this information to all residential tenants, and provided the other materials required under the law.

Under EPA’s penalty policy, the landlord and management company of the property were each liable for about $584,000 in civil penalties. However, EPA determined the companies qualified for favorable treatment under the agency’s “audit policy,” which encourages self-policing and voluntary reporting of violations.

The policy reduces, and in some cases eliminates, penalties for violations discovered and corrected by a company. The policy does not cover criminal violations, or violations that resulted in significant harm to public health or the environment. Because the company gained no economic benefit from the violations, EPA agreed to a complete penalty waiver.

EPA and the U.S. Department of Housing and Urban Renewal are cooperating to protect tenants and homeowners from the health risks of lead-based paint. Exposure to lead can cause damage to the nervous system and has been linked to other health problems in children, including reduced intelligence and attention span, hearing loss, stunted growth, reading and learning problems and behavioral difficulties.



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