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Des Moines Landlords Cited for Serious Violations of Federal Lead Rules

Release Date: 08/03/2006
Contact Information: Javier Morales (206) 553-1255 [email protected] Mark MacIntyre (206) 553-7302 [email protected]

Tenants not informed of lead paint hazards; residents included young children

(Des Moines, Wash. -- August 3, 2006) The U.S. Environmental Protection Agency (EPA) has filed a complaint against Des Moines landlords Stanley Xu, Breakwater Apartments, L.L.C., and Longwell Company, alleging they failed to notify their tenants that lead-based paint could pose serious health threats to children or pregnant women. Longwell Company manages the Breakwater Apartments located at 23502 16th Pl S in Des Moines, WA. Each violation carries a maximum penalty of $11,000.

EPA’s complaint alleges the named parties committed 96 violations of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and Disclosure Rule for violations including:

• failure to provide tenants with a Lead Warning Statement disclosing the health hazards associated with lead-based paint and/or lead-based paint hazards;
• failure to notify the tenants of either the presence of known lead-based paint and/or lead-based paint hazards or a lack of knowledge of such presence;
• failure to provide any records or reports to the tenants regarding lead-based paint and/or lead-based paint hazards or a statement that no such records exist;
• failure to provide signatures of the landlord and tenants certifying to the accuracy of their statements along with the dates of signature; and
• failure to provide their tenants with the EPA-approved lead information pamphlet entitled Protect your Family from Lead in Your Home and a statement affirming receipt of the EPA-approved lead information pamphlet.

EPA previously filed a complaint against Stanley Xu and Longwell Company for violations of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and Disclosure Rule for Sunset Vista Apartments located at 10406 SE 174th in Renton, WA.

“Lead poisoning in children from deteriorating paint is especially tragic because it can be avoided,” said Rick Albright, Director, Air, Waste & Toxics, EPA Region 10 Seattle. “Landlords, owners and property management companies must take seriously their obligations to inform parents how to protect their children from the hazards associated with the lead-based paint and lead-based paint hazards.”

The Breakwater Apartments are considered by the EPA and the U.S. Department of Housing and Urban Development to be "target housing" - which includes most dwellings built prior to the 1978 Consumer Products Safety Commission ban on the manufacture and sale of lead-based paint. The federal lead-based paint and/or lead-based hazards Disclosure Rule requires sellers, owners and lessors, including property management firms, of pre-1978 rental housing to provide disclosures and other information to tenants prior to entering into a lease to enable the tenants to make informed decisions about protecting their children and themselves from lead-based paint and lead-based paint hazards.

Lead is a highly toxic metal that was used for many years in products found in and around our homes. Lead may cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. Children six years old and under are most at risk, because their bodies are growing quickly.