EPA v. TOPFLIGHT REALTY AND PROPERTY MANAGEMENT, LLC

Case summary

6/21/2022 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $33,600.00. PENALTY TO PAID WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA?S REVIEW OF RESPONDENT?S RECORDS, THE EPA ALLEGES THAT PRIOR TO OFFERING AND ENTERING INTO CONTRACTS FOR LEASE OF RESIDENTIAL DWELLINGS OF TARGET HOUSING, RESPONDENT FAILED TO INCLUDE THE FOLLOWING AS AN ATTACHMENT OR WITHIN THE CONTRACT(S) TO LEASE TARGET HOUSING: A. THE APPROPRIATE LEAD WARNING STATEMENT IN VIOLATION OF 40 C.F.R. ? 745.113(B)(1); B. A STATEMENT BY THE LESSOR DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED 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(B)(2); C. A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFORMATION REQUIRED UNDER 40 C.F.R. ? 745.113(B)(2) AND 40 C.F.R. ? 745.113(B)(3), AND THE LEAD HAZARD PAMPHLET REQUIRED UNDER 15 U.S.C. ? 2686 IN VIOLATION OF 40 C.F.R. ? 745.113(B)(4); D. A STATEMENT BY THE AGENT(S) 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/ARE AWARE OF HIS/THEIR DUTY TO ENSURE COMPLIANCE IN VIOLATION OF 40 C.F.R. ? 745.113(B)(5), AND AS PROMULGATED AT 61 FEDERAL REGISTER 9085 (MARCH 6, 1996); AND E. THE SIGNATURE OF LESSORS, AGENTS, AND LESSEES, CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, TO THE BEST OF THEIR KNOWLEDGE, ALONG WITH THE DATES OF SIGNATURE IN VIOLATION OF 40 C.F.R. ? 745.113(B)(6).

Defendants (1)

• TOPFLIGHT REALTY AND PROPERTY MANAGEMENT, LLCNamed in complaintNamed in settlement

Facilities (10)

• TOPFLIGHT REALTY AND PROPERTY MANAGEMENT, LLC (PRIVATE RESIDENCE)

  513 MILLBROOKE DRIVE, HOPKINSVILLE, TN, 42240

  Registry ID: 110071293309

• TOPFLIGHT REALTY AND PROPERTY MANAGEMENT, LLC (PRIVATE RESIDENCE)

  100 BROOKSIDE DRIVE, APT. 1A, CLARKSVILLE, TN, 37042

  Registry ID: 110071293304

• TOPFLIGHT REALTY AND PROPERTY MANAGEMENT, LLC (PRIVATE RESIDENCE)

  108 AIRPORT RD, CLARKSVILLE, TN, 37042

  Registry ID: 110071293307

• TOPFLIGHT REALTY AND PROPERTY MANAGEMENT, LLC (PRIVATE RESIDENCE)

  306 BARKWOOD DRIVE, CLARKSVILLE, TN, 37040

  Registry ID: 110071293305

• TOPFLIGHT REALTY AND PROPERTY MANAGEMENT, LLC (PRIVATE RESIDENCE)

  301 S. CAMPBELL STREET, HOPSKINSVILLE, TN, 42220

  Registry ID: 110071293308

• TOPFLIGHT REALTY AND PROPERTY MANAGEMENT, LLC (PRIVATE RESIDENCE)

  203 ROBINHOOD DRIVE, CLARKSVILLE, TN, 37042

  Registry ID: 110071293306

• TOPFLIGHT REALTY AND PROPERTY MANAGEMENT, LLC (PRIVATE RESIDENCE)

  145 TANDY APT. B, CLARKSVILLE, TN, 37042

  Registry ID: 110071293303

• TOPFLIGHT REALTY AND PROPERTY MANAGEMENT, LLC (PRIVATE RESIDENCE)

  2871 EWELL ELLIOT ROAD, SPRINGFIELD, TN, 37172

  Registry ID: 110071293310

• TOPFLIGHT REALTY AND PROPERTY MANAGEMENT, LLC (PRIVATE RESIDENCE)

  100 BROOKSIDE DRIVE, APT. 8A, CLARKSVILLE, TN, 37040

  Registry ID: 110071293304

• TOPFLIGHT REALTY AND PROPERTY MANAGEMENT, LLC

  2180 PEACHERS MILL ROAD A, CLARKSVILLE, TN, 37042

  Registry ID: 110071176381

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• TOPFLIGHT REALTY AND PROPERTY MANAGEMENT, LLCentered 2022-06-21

  Primary law: TSCA

  Federal penalty: $33,600

Timeline (3 milestones)

• 2022-06-21Complaint Filed/Proposed Order
• 2022-06-21Final Order Issued
• 2022-06-30Enforcement Action Data Entered