EPA v. MORGAN RENTAL PROPERTIES, LLC

Case summary

9/16/2008 - CONSENT AGMT AND FINA ORDER ISSUED, ASSESSING A PENALTY OF $500, DUE IN INSTALLMENT PAYMENTS. PAYMENT OF $250 DUE WITHIN 30 DAYS. SECOND PAYMENT OF $256.88 (WITH INTEREST) DUE WITHIN 120 DAYS. ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED AT 204 SOUTH 13TH AVE., LAUREL MS AND 817 WEST 26TH STREET, LAUREL, MS. BASED ON INFO OBTAINED BY EPA ON OR ABOUT JUNE 4, 2007, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING DESCRIBED ABOVE, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THE PURCHASER IS OBLIGATED UNDER ANY CONTRACT TO PURCHASE TARGET HOUSING. RESPONDENT FAILED IN AT LEAST TWO LEASES. B. EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, THE LEAD WARNING STATEMENT. RESPONDENT FAILED IN AT LEAST TWO LEASES. C. EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, A STATEMENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED OR A STATEMENT INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAIN AND/OR LEAD-BASED PAINT HAZARD. RESPONDENT FAILED IN AT LEAST TWO LEASES. D. EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED IN AT LEAST TWO LEASES. E. EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAIL IN AT LEAST TWO LEASES. F. EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO LEAST TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS AND THAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED IN AT LEAST TWO LEASES. G. EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURES OF THE LESSOR, AGENT AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST TWO LEASES.

Defendants (1)

• MORGAN RENTAL PROPERTIES, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• MORGAN RENTAL PROPERTIES, LLC

  541 CENTRAL AVENUE, LAUREL, MS, 39440-3978

  Registry ID: 110030902575

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• MORGAN RENTAL PROPERTIES, LLCentered 2008-09-16

  Primary law: TSCA

  Federal penalty: $500

Timeline (4 milestones)

• 2008-09-16Complaint Filed/Proposed Order
• 2008-09-16Final Order Issued
• 2008-09-18Enforcement Action Data Entered
• 2008-11-19Enforcement Action Closed