EPA v. J DASILVA PROPERTIES

Case summary

On May 23, 2024, EPA filed a Consent Agreement and Final Order (CAFO) settling an administrative penalty action against J. Da Silva Properties, LLC (Respondent) regarding alleged violations of the Lead-Based Paint Disclosure Rule under Section 1018 of the Residential Lead Based Paint Hazard Reduction Act of 1992 (Disclosure Rule). The Disclosure Rule ensures that purchasers and renters of housing built before 1978 receive the information necessary to protect themselves and their families from lead-based paint hazards. Respondent owns at least six target housing buildings totaling 39 units located in Danbury, Connecticut and allegedly failed to provide a copy of EPA's lead hazard information pamphlet to five lessees, disclose the presence of known lead-based paint and/or lead-based paint hazards to two lessees, include the Lead Warning Statement as an attachment or within the contracts to lease to five lessees, include as an attachment to or within the lease contract, a statement disclosing the presence of known lead-based paint and/or lead-based paint hazards to five lessees, and provide a list of records or reports regarding the presence of lead-based paint and/or lead-based paint hazards to three lessees. Pursuant to the CAFO, Respondent will pay a cash penalty of $68,078. The Respondent will also complete a lead-based paint abatement Supplemental Environmental Project (SEP) at two properties that it owns and will certify compliance with the Disclosure Rule. The SEP work is valued at $44,453 and will yield significant environmental and public health benefits. The State of Connecticut is aware of this action. The rental properties/store cited in this case are in environmental justice areas of concern.

Defendants (1)

• J DaSilva Properties LLCNamed in complaintNamed in settlement

Facilities (1)

• J. DASILVA PROPERTIES, LLC

  288 MAIN STREET, SUITE 1, DANBURY, CT, 06810

  Registry ID: 110071339817

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• J DASILVA PROPERTIESentered 2024-05-23

  Primary law: TSCA

  Federal penalty: $68,078 · SEP: $44,454

Timeline (3 milestones)

• 2024-05-23Final Order Issued
• 2024-05-23Complaint Filed/Proposed Order
• 2024-07-29Enforcement Action Data Entered