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EPA Cites Philadelphia Building Manager for Failing to Disclose Lead-Based Paint to Residential Tenants

Release Date: 9/15/2000
Contact Information: Ruth Wuenschel, 215-814-5540

Ruth Wuenschel, 215-814-5540

PHILADELPHIA - The U.S. Environmental Protection Agency has cited an apartment manager here for failing to inform new tenants that a building on Upland Street had lead-based paint.

According to EPA’s complaint, James Popley, manager of the rental property, did not provide a disclosure statement and lead-based paint information when he leased an apartment to a new tenant in 1998. At the time of the lease signing, the new tenant had two children. In 1999, the tenant’s younger child was identified as having elevated blood lead levels.

EPA has proposed a $30,800 penalty against Mr. Popley who allegedly violated the Lead Disclosure Rule which requires that owners, property managers, and landlords of residential housing built before 1978 must disclose to tenants the presence of lead-based paint hazards (or lack of knowledge of such hazards); provide a lead hazard information pamphlet before the lease is signed; provide a warning statement on the dangers of lead-based paint; and include disclosure and acknowledgment language in sales contracts and leases.

This legal action is part of a nationwide effort by EPA to protect homeowners, tenants, and their children from the health hazards of lead-based paint. High levels of lead in a child’s blood and bones can cause permanent damage to the nervous system and widespread health problems, such as a reduced intelligence and attention span, hearing loss, stunted growth, reading and learning problems and behavioral difficulties.

Mr. Popley has the right to a hearing to contest the alleged violations and proposed penalties. For more information on the Lead Disclosure Rule, please visit
www.epa.gov/reg3wcmd/lead.htm or www. epa.gov/lead