EPA v. CORAL SHORES REALTY FLORIDA, LLC

Case summary

2/17/2022 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $3,600.00. PENALTY TO PAID WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE FINDINGS OF FACT, THE EPA HAS DETERMINED THAT PRIOR TO ENTERING INTO CONTRACTS TO SELL THE RESIDENTIAL DWELLINGS THAT ARE TARGET HOUSING UNDER WHICH THE PURCHASERS BECAME OBLIGATED TO PURCHASE THE TARGET PROPERTIES, THE RESPONDENT FAILED TO: A. PERMIT THE PURCHASERS A 10-DAY PERIOD, OR A WRITTEN, MUTUALLY AGREED UPON DIFFERENT TIME PERIOD, TO CONDUCT A RISK ASSESSMENT OR INSPECTION FOR THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, OR RECEIVED WRITTEN NOTICE BY THE PURCHASER THAT THEY HAVE WAIVED THE OPPORTUNITY TO CONDUCT THE RISK ASSESSMENT OR INSPECTION AS REQUIRED BY 40 C.F.R. ? 745.110(A); B. INCLUDE IN THE CONTRACT TO SELL TARGET HOUSING OR AS AN ATTACHMENT TO THE CONTRACTS A STATEMENT BY THE SELLER DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING SOLD OR INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN VIOLATION OF 40 C.F.R. ? 745.113(A)(2); C. INCLUDE IN THE CONTRACT TO SELL TARGET HOUSING OR AS AN ATTACHMENT TO THE CONTRACTS A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE SELLER PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING THAT HAVE BEEN PROVIDED TO THE PURCHASERS OR THAT NO SUCH RECORDS OR REPORTS ARE AVAILABLE IN VIOLATION OF 40 C.F.R. ? 745.113(A)(3); AND D. INCLUDE IN THE CONTRACTS TO SELL TARGET HOUSING OR AS AN ATTACHMENT TO THE CONTRACTS A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO SELL TARGET HOUSING THAT THE AGENT(S) HAS INFORMED THE SELLER OF THE SELLER?S OBLIGATIONS, AND THAT THE AGENT(S) IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE, AS REQUIRED BY 40 C.F.R. ? 745.113(A)(6)(I) AND 40 C.F.R. ? 745.113(A)(6)(II). IN ADDITION, THE EPA HAS DETERMINED THAT PRIOR TO OFFERING AND ENTERING INTO CONTRACTS FOR LEASE OF RESIDENTIAL DWELLINGS OF TARGET HOUSING IDENTIFIED, RESPONDENT FAILED TO: A. INCLUDE IN THE CONTRACTS FOR LEASE OR AS AN ATTACHMENT TO THE CONTRACTS A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFORMATION REQUIRED BY 40 C.F.R. ? 745.113(B)(2) AND (B)(3), AND THE LEAD HAZARD PAMPHLET AS REQUIRED BY 40 C.F.R. ? 745.113(B)(4); AND B. INCLUDE IN THE CONTRACTS FOR LEASE OR AS AN ATTACHMENT TO THE CONTRACTS, A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT(S) HAS INFORMED THE LESSOR OF THE LESSOR?S OBLIGATIONS, AND THAT THE AGENT(S) IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE AS REQUIRED BY 40 C.F.R. ? 745.113(B)(5)

Defendants (1)

• CORAL SHORES REALTY FLORIDA, LLCNamed in complaintNamed in settlement

Facilities (6)

• CORAL SHORES REALTY FLORIDA LLC (PRIVATE RESIDENCE)

  2125 LIBERTY STREET, HOLLYWOOD, FL, 33020

  Registry ID: 110071251162

• CORAL SHORES REALTY FLORIDA LLC (PRIVATE RESIDENCE)

  150 NE 15TH AVENUE, UNIT 158, FORT LAUDERDALE, FL, 33301

  Registry ID: 110071251161

• CORAL SHORES REALTY FLORIDA LLC

  8320 W SUNRISE BOULEVARD, SUITE 104, PLANTATION, FL, 33322

  Registry ID: 110071080429

• CORAL SHORES REALTY FLORIDA LLC (PRIVATE RESIDENCE)

  7091 RALEIGH STREET, HOLLYWOOD, FL, 33024

  Registry ID: 110071251158

• CORAL SHORES REALTY FLORIDA LLC (PRIVATE RESIDENCE)

  720 E COCO PLUM CIRCLE, PLANTATION, FL, 33324

  Registry ID: 110071251159

• CORAL SHORES REALTY FLORIDA LLC (PRIVATE RESIDENCE)

  7612 NW 69TH AVENUE, TAMARAC, FL, 33321

  Registry ID: 110071251160

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• CORAL SHORES REALTY FLORIDA, LLCentered 2022-02-17

  Primary law: TSCA

  Federal penalty: $3,600

Timeline (4 milestones)

• 2022-02-17Final Order Issued
• 2022-02-17Complaint Filed/Proposed Order
• 2022-04-11Enforcement Action Data Entered
• 2022-09-15Enforcement Action Closed