EPA v. KENTWOOD LAND TRUST, AND HOWARD LAND TRUST

Case summary

On August 14, 2018, the Regional Judicial Officer for EPA-Region III issued a Final Order concluding proceedings initiated by EPA under the federal Toxic Substances Control Act (TSCA) against two land trusts for multiple violations of the federal real estate notification and disclosure rule for lead-based paint in lease transactions for residential properties in Lancaster, Pennsylvania (Kentwood Land Trust) and Lititz, Pennsylvania (Howard Land Trust). Each land trust, as owner of the relevant property, through its lessor, had violated multiple requirements of 40 C.F.R. Part 745, Subpart F, Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property. Subpart F is referred to as the Real Estate Notification and Disclosure Rule for Lead-Based Paint. Among other things, the Disclosure Rule requires that lessors of ?target housing? comply with certain notification and disclosure requirements for lease transactions of residential properties or dwellings. In each lease transaction, the land trust?s lessor failed to include a prescribed lead warning statement, the lessor?s lead disclosure statement, and the lessee?s statement of receipt in the lease contract. The Final Order, which incorporates a Consent Agreement executed by the parties, resolves the alleged past civil violations. The proceeding was initiated by a show cause/settlement opportunity letter. Under the terms of the settlement, a civil penalty of $11,400 will be paid by Kentwood Land Trust and a civil penalty of $18,720 will be paid by Howard Land Trust. This was a case of direct implementation.

Defendants (1)

• KENTWOOD LAND TRUST, AND HOWARD LAND TRUSTNamed in complaintNamed in settlement

Facilities (1)

• KENTWOOD LAND TRUST, AND HOWARD LAND TRUST

  9 CHESTNUT HILL DRIVE, MOHNTON, PA, 19540

  Registry ID: 110070262164

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• KENTWOOD LAND TRUST, AND HOWARD LAND TRUSTentered 2018-08-14

  Primary law: TSCA

  Federal penalty: $30,120

Timeline (3 milestones)

• 2018-08-14Complaint Filed/Proposed Order
• 2018-08-14Final Order Issued
• 2018-08-23Enforcement Action Data Entered