EPA v. SABINA PROPERTIES, LLC (MARQUIS RENTAL APARTMENTS)

Case summary

9/30/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,000, DUE WITHIN 30 DAYS. ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT JAN 26, 2012, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES RESPONDENT VIOLATED TSCA 409 AS FOLLOWS: A. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASE, 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 ONE LEASE. B. PURSUANT TO 40 CFR 745.113(b)(3), 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 TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. C. 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 ONE LEASE. D. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO LEASE 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 TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. E. 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 STATEMENT AS WELL AS DATES. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(c)(1), A LESSOR SHALL RETAIN A COPY OF THE COMPLETED DISCLOSURE RECORDS FOR NO LESS THAN 3 YRS FROM THE COMPLETION DATE OF THE LEASE. RESPONDENT FAILED TO RETAIN A COPY OF THE COMPLETED DISCLOSURE RECORDS.

Defendants (1)

• SABINA PROPERTIES, LLCNamed in complaintNamed in settlement

Facilities (1)

• MARQUIS RENTAL APARTMENTS

  2609 GEMINI CT, TAMPA, FL, 33614

  Registry ID: 110040419400

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• SABINA PROPERTIES, LLC (MARQUIS RENTAL APARTMENTS)entered 2014-09-30

  Primary law: TSCA

  Federal penalty: $1,000

Timeline (4 milestones)

• 2014-09-30Complaint Filed/Proposed Order
• 2014-09-30Enforcement Action Closed
• 2014-09-30Final Order Issued
• 2014-10-02Enforcement Action Data Entered