EPA v. TALLA VILLA APARTMENTS (A FLORIDA LIMITED PARTNERSHIP)

Case summary

3/19/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,700. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGATIONS: PURSUANT 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THE LESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVED PAMPHLET IN AT LEAST 23 LEASES. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, THE LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST 23 LEASES. PURSUANT TO 40 CFR 745.113(b)(2) 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 PAIN AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED OR A STATEMENT INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST 23 LEASES. PURSUANT TO 40 CFR 745.113(b)(3) EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE AS AN ATTACHMENT TO OR WITHIN THE CONTRACT 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 TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 23 LEASES. PURSUANT TO 40 CFR 745.113(b)(4) EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 23 LEASES. PURSUANT TO 40 CFR 745.113(b)(5) 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 THIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPRORIATE INFO IN AT LEAST 23 LEASES. PURSUANT TO 40 CFR 745.113(b)(6), 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 23 LEASES.

Defendants (1)

• TALLA VILLA APARTMENTS (SB)Named in complaintNamed in settlement

Facilities (1)

• TALLA VILLA APARTMENTS

  925 E MAGNOLIA DR, TALLAHASSEE, FL, 32301

  Registry ID: 110020775794

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• TALLA VILLA APARTMENTS (A FLORIDA LIMITED PARTNERSHIP)entered 2009-03-19

  Primary law: TSCA

  Federal penalty: $7,700 · SEP: $69,300

Timeline (4 milestones)

• 2009-03-19Complaint Filed/Proposed Order
• 2009-03-19Final Order Issued
• 2009-03-24Enforcement Action Data Entered
• 2009-04-09Enforcement Action Closed