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WASHINGTON, D.C.-AREA LANDLORD PLEADS GUILTY IN FIRST-EVER PROSECUTION RELATED TO LEAD HAZARD WARNINGS
Release Date: 07/12/2001
Contact Information:
FOR RELEASE: THURSDAY, JULY 12, 2001
WASHINGTON, D.C.-AREA LANDLORD PLEADS GUILTY IN
FIRST-EVER PROSECUTION RELATED TO LEAD HAZARD WARNINGS
Luke C. Hester 202-564-7818 / [email protected]
FIRST-EVER PROSECUTION RELATED TO LEAD HAZARD WARNINGS
Luke C. Hester 202-564-7818 / [email protected]
On July 11, a Washington-area landlord, David Nuyen of Silver Spring, Md., pleaded guilty to obstructing justice and making false statements to federal officials in order to conceal his failure to notify tenants of the presence and hazards associated with lead-based paint. The case is the first-ever criminal prosecution in the United States related to lead hazard warnings that are required by the Lead Hazard Reduction Act of 1992. If the terms of the agreement are approved by the Federal Court in Greenbelt, Md., Nuyen will serve two years in prison, provide all tenants with new notices about actual and potential lead hazards and retain an independent contractor to assess lead paint hazards and develop a lead abatement plan for the properties he currently owns in the District of Columbia and Maryland. He is also subject to a maximum $250,000 criminal fine for each of the six felony counts to which he is pleading. The Lead Hazard Reduction Act requires landlords to notify tenants about actual and possible lead hazards, provide an EPA pamphlet to tenants describing how to minimize lead dangers to children and document their compliance with the law. Nuyen admitted that, even though he knew there were lead paint hazards in some of his buildings, he failed to notify tenants and obstructed an investigation by the U.S. Department of Housing and Urban Development (HUD) by presenting falsified forms that purported to show that his tenants had been notified of the potential for lead hazards when they moved into their apartments. Lead is highly toxic, affecting virtually every system of the body, and is a significant health risk for young children. Lead poisoning can damage a child’s kidneys and central nervous system and can cause anemia. At very high levels lead can cause coma, convulsions and death. Even levels of lead as low as 10 micrograms per deciliter of blood are associated with decreased intelligence, behavior problems, impaired hearing, reduced physical stature and growth. Today the most significant exposure sources of lead for children are in the residential environment due to deteriorated household paint, lead-contaminated dust and soil. Lead poisoning is especially acute among low-income and minority children living in older housing. The investigation was conducted by EPA, HUD, and the Federal Bureau of Investigation. The case was prosecuted by the U.S. Attorney’s offices for the District of Maryland and the District of Columbia, and the Department of Justice.
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