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Landlord settles lead-based paint violations at rental properties

Release Date: 07/05/2006
Contact Information: Francisco Arcaute, (213) 244-1815

SAN FRANCISCO – For violating federal lead-based paint disclosure requirements at seven rental units at his properties built before 1978 in San Diego, Calif., property owner Donald R. Henely has agreed to abate lead-based paint at two properties at a cost of $55,000 and pay a penalty of $2,941 to the U.S. Environmental Protection Agency.

Henely failed to provide to renters of these units an EPA-approved lead information pamphlet and failed to include in the leases a lead warning statement, a statement of knowledge about lead-based paint in the units, an identification of any records available regarding lead-based paint in the units, and comply with related certification requirements.

These failures resulted in numerous violations of federal lead-based paint disclosure requirements.

"EPA’s goal is to ensure that renters and buyers receive adequate information necessary to protect public health, especially children’s health, from potential lead-based paint hazards," said Enrique Manzanilla, the director of the EPA’s Communities and Ecosystems Division for the Pacific Southwest Region. “EPA welcomes and encourages Mr. Henely’s commitment to remove lead-based paint at two of his properties, which will ensure that children living there will not be exposed to lead-based paint hazards in their homes in the future.”

An estimated three-quarters of the U.S. housing stock built before 1978 contains some lead-based paint. Lead-based paint endangers the health of American children in as many as 4 million homes. Lead poisoning in children can have serious, long-term consequences including intelligence deficiencies, learning disabilities, hearing impairment, hyperactivity and/or behavioral problems. Children under six years of age are among the most vulnerable population to adverse health risks from lead-based paint and lead-based paint hazards such as dust and contaminated soil.

The Residential Lead-Based Paint Hazard Reduction Act helps prevent exposure -- especially the exposure of children -- to hazards from lead-based paint by requiring disclosure and notification when selling or leasing applicable housing.

Federal law requires that persons and entities who sell or rent housing built before 1978 must:
• provide an EPA-approved lead hazard information pamphlet;
• include lead notification language in sales and rental forms;
• disclose any known lead-based paint hazards and provide reports to buyers or renters;
• allow a lead inspection or risk assessment by home buyers; and
• maintain records certifying compliance with applicable federal requirements for three years.

For additional information on lead in paint, dust and soil, see: https://www.epa.gov/lead/.