EPA v. CHESTNUT HILL REALTY

Case summary

THIS CASE INVOLVES VIOLATIONS OF THE LEAD-BASED PAINT DISCLOSURE RULE UNDER TSCA( DISCLOSURE RULE ). EPA's COMPLAINT ALLEGES THAT THE RESPONDENTS FAILED TO COMPLY WITH THE DISCLOSURE RULE IN 2004 AND 2005 WHEN THEY RENTED AND/OR SOLD OVER 5,000 APARTMENTS LOCATED IN MASSACHUSETTS AND RHODE ISLAND. THE MOST SIGNIFICANT VIOLATIONS INCLUDE THE FAILURE TO DISCLOSE KNOWN LEAD-PAINT HAZARDS AND PROVIDE RECORDS REGARDING THOSE HAZARDS TO 135 TENANTS AND FAILING TO PROVIDE A COPY OF AN EPA-APPROVED LEAD HAZARD INFORMATION PAMPHLET TO 41 TENANTS. THE PURPOSE OF THE DISCLOSURE RULE IS TO HELP PREVENT EXPOSURE TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS BY REQUIRING LANDLORDS TO DISCLOSE INFORMATION ABOUT LEAD-BASED PAINT TO TENANTS. THIS ACTION WILL HELP ENSURE THAT FUTURE TENANTS OF THE RESPONDENTS WILL RECEIVE INFORMATION THEY NEED TO EVALUATE WHETHER AN APARTMENT THEY WANT TO RENT COULD POSE RISKS TO THEIR HEALTH AND THE HEALTH OF THEIR CHILDREN. LEAD POISONING IN CHILDREN CAUSES INTELLIGENCE QUOTIENT DEFICIENCIES, READING AND LEARNING DISABILITIES, IMPAIRED HEARING, REDUCED ATTENTION SPAN, HYPERACTIVITY, AND BEHAVIOR PROBLEMS.

Defendants (20)

• WENDELL TERRACE LLC (SB)Named in complaint
• ZUCKER SUSAN (SB)Named in complaint
• GREENHILL LLC (SB)Named in complaint
• HARVARD MANOR LLC (SB)Named in complaint
• HAMPTON COURT REALTY LLC (SB)Named in complaint
• SELKIRK GARDENS LLC (SB)Named in complaint
• FKL LLC (SB)Named in complaint
• KILSYTH VILLAGE LLC (SB)Named in complaint
• J-20-A REALTY TRUST (SB)Named in complaint
• BAY VIEW REALTY (SB)Named in complaint
• ZUCKER EDWARD E (SB)Named in complaint
• MCHUGH GEORGE M (SB)Named in complaint
• JOHN HARVARD LLC (SB)Named in complaint
• CHAUNY COURT LLC (SB)Named in complaint
• AUBURN & HARRIS LLC (SB)Named in complaint
• CAMBROOK LP (SB)Named in complaint
• ST PAUL GARDENS LLC (SB)Named in complaint
• HAMMOND MEADOWS REALTY TRUST (SB)Named in complaint
• VILLAGE MANOR LLC (SB)Named in complaint
• CHESTNUT HILL REALTYNamed in complaintNamed in settlement

Facilities (1)

• CHESTNUT HILL REALTY CORP.

  1223 BEACON ST STE B1, BROOKLINE, MA, 024465392

  Registry ID: 110009918679

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• CHESTNUT HILL REALTYentered 2008-02-14

  Primary law: TSCA

  Federal penalty: $28,538 · SEP: $257,392

Timeline (3 milestones)

• 2007-01-11Enforcement Action Data Entered
• 2007-08-15Complaint Filed/Proposed Order
• 2008-02-14Final Order Issued