EPA v. STRATEGIC PROPERTIES, LLC

Case summary

9/4/2024 ? CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $41,200 TO BE PAID IN SIX (6) INSTALLMENTS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON AUGUST 24, 2022, AN INSPECTOR WITH THE EPA CONDUCTED AN INSPECTION AT RESPONDENT?S OFFICE LOCATED IN MIAMI, FLORIDA 33137, FOR THE PURPOSE OF EVALUATING RESPONDENT?S COMPLIANCE WITH THE REQUIREMENTS OF 40 C.F.R. PART 745, SUBPARTS E AND F. RESPONDENT ADVISED THE INSPECTOR THAT THE RECORDS WERE NOT AVAILABLE AT THAT TIME AND THAT THEY WOULD PROVIDE THEM TO THE INSPECTOR SUBSEQUENT TO THE INSPECTION. ON AUGUST 24, 2022, AUGUST 30, 2022, AND SEPTEMBER 26, 2022, RESPONDENT SUBMITTED RECORDS TO THE EPA FOR REVIEW TO DETERMINE ITS COMPLIANCE WITH 40 C.F.R. PART 745, SUBPARTS E AND F. BASED ON THE EPA?S REVIEW OF RESPONDENT?S RECORDS, THE EPA HAS DETERMINED THAT PRIOR TO OFFERING AND ENTERING INTO CONTRACTS FOR THE LEASE OF RESIDENTIAL DWELLINGS OF TARGET HOUSING IDENTIFIED IN PARAGRAPH 41(A) AND (B), RESPONDENT FAILED TO: A. INCLUDE IN THE CONTRACTS FOR LEASE, 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 OR ITS EQUIVALENT THAT HAS BEEN APPROVED FOR USE IN THE STATE BY THE EPA, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(4); AND B. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT(S) TO LEASE TARGET HOUSING A STATEMENT BY THE AGENT(S) INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT(S) HAD INFORMED THE LESSOR OF THE LESSOR?S OBLIGATIONS, AND THAT THE AGENT(S) WAS/WERE AWARE OF HIS/THEIR DUTY TO ENSURE COMPLIANCE, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(5). PRIOR TO OFFERING AND ENTERING INTO CONTRACTS OF TARGET HOUSING IDENTIFIED IN PARAGRAPH 41(C) TO 42(O), RESPONDENT FAILED TO: A. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACTS TO LEASE TARGET HOUSING 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); AND B. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT(S) TO LEASE TARGET HOUSING A LIST OF ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE HOUSING THAT HAD BEEN PROVIDED TO THE LESSEE OR THAT NO SUCH RECORDS OR REPORTS WERE AVAILABLE, IN VIOLATION OF 40 C.F.R. ? 745.113(B)(3). THE EPA DETERMINED THAT AT THE TIME RESPONDENT OFFERED TO PERFORM AND/OR PERFORMED RENOVATIONS OF THE PROPERTY IDENTIFIED IN PARAGRAPH 45, RESPONDENT FAILED TO: A. APPLY TO THE EPA AND OBTAIN FIRM CERTIFICATION TO PERFORM, OFFER, OR CLAIM TO PERFORM RENOVATIONS FOR COMPENSATION, IN VIOLATION OF 40 C.F.R. ?? 745.81(A)(2)(II) AND 745.89(A)(1); B. PROVIDE THE ADULT OCCUPANT OF EACH DWELLING UNIT IN THE TARGET HOUSING UNDERGOING RENOVATION WITH AN EPA-APPROVED PAMPHLET, RENOVATE RIGHT: IMPORTANT LEAD HAZARD INFORMATION FOR FAMILIES, CHILD CARE PROVIDERS AND SCHOOLS, IN VIOLATION OF SECTION 406 OF TSCA, 15 U.S.C. ? 2686, AND 40 C.F.R. ? 745.84(A)(2); AND C. ENSURE THAT ALL INDIVIDUALS PERFORMING RENOVATION ACTIVITIES ON BEHALF OF THE FIRM WERE EITHER CERTIFIED RENOVATORS OR HAD BEEN TRAINED BY A CERTIFIED RENOVATOR, IN VIOLATION OF 40 C.F.R. ? 745.89(D)(1).

Defendants (1)

• STRATEGIC PROPERTIES, LLCNamed in complaintNamed in settlement

Facilities (15)

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  774 NE 86TH STREET, UNIT # 1, MIAMI, FL, 33138

  Registry ID: 110071846203

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  2046 NE 162ND STREET APT# 2, NORTH MIAMI BEACH, FL, 33162

  Registry ID: 110071846207

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  2708 NE 32ND STREET, UNIT 2, FORT LAUDERDALE, FL, 33306

  Registry ID: 110071846175

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  1841 MIAMI ROAD, FORT LAUDERDALE, FL, 33316

  Registry ID: 110071846176

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  609 ALLEN DRIVE, UNIT #A6, RIVERDALE, GA, 30274

  Registry ID: 110071846182

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  2910 NW 14TH AVENUE, UNIT 1, MIAMI, FL, 33142

  Registry ID: 110071846177

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  3049 NW 9TH AVENUE, UNIT 3, WILTON MANORS, FL, 33311

  Registry ID: 110071846178

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  8287 NE MIAMI COURT 203, MIAMI, FL, 33138

  Registry ID: 110071846201

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  2900 CAMP CREEK PARKWAY, COLLEGE PARK, GA, 30337

  Registry ID: 110071846174

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  580 NE 127TH STREET, UNIT 26, NORTH MIAMI, FL, 33161

  Registry ID: 110071846181

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  789 NE 85TH STREET, MIAMI, FL, 33138

  Registry ID: 110071846204

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  2030 NE 162ND STREET, APT. #2, NORTH MIAMI BEACH, FL, 33162

  Registry ID: 110071846206

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  4543-4547 NE 16TH AVENUE, UNIT 4543, OAKLAND PARK, FL, 33334

  Registry ID: 110071846179

• STRATEGIC PROPERTIES

  250 NE 25TH STREET, SUITE 203, MIAMI, FL, 33137

  Registry ID: 110071339468

• STRATEGIC PROPERTIES LLC (TARGET HOUSING)

  7630 NE 2ND COURT, UNIT 1, MIAMI, FL, 33138

  Registry ID: 110071846180

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018
• TSCA 406B — Lead: Pre-Renovation Education Rule
• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• STRATEGIC PROPERTIES, LLCentered 2024-09-04

  Primary law: TSCA

  Federal penalty: $41,200

Timeline (3 milestones)

• 2024-09-04Final Order Issued
• 2024-09-04Complaint Filed/Proposed Order
• 2024-10-01Enforcement Action Data Entered