EPA v. LIVINGINTOWN REALTY GROUP, LLC

Case summary

APRIL 8, 2025 - CONSENT AGREEMENT On April 3, 2023, an inspector with the EPA conducted an inspection at Respondent?s place of business located at 1904 Monroe Drive NE, Suite 100, Atlanta, Georgia 30324, for the purpose of evaluating Respondent?s compliance with the requirements of 40 C.F.R. Part 745, Subpart F. During the inspection, the EPA requested copies of Respondent?s records to determine its compliance with 40 C.F.R. Part 745, Subpart F. Respondent advised the inspector that the requested records were not available at that time but would be provided later. On April 12 and April 24, 2023, Respondent submitted records to the EPA for review to determine its compliance with 40 C.F.R. Part 745, Subpart F. After review of the records, the EPA determined that Respondent, on behalf of the lessor, had entered into contracts to lease the residential dwellings that are target housing (constructed before 1978) at several locations around Atlanta, Georgia. The records provided by Respondent did not show that prior to entering into the leases with the lessees for the target housing identified in Paragraph 28, Respondent had: a. Included as an attachment or within the contracts to lease target housing the appropriate Lead Warning Statement as required by 40 C.F.R. ? 745.113(b)(1); b. Included 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 as required by 40 C.F.R. ? 745.113(b)(2); or c. Included as an attachment or within the contracts to lease target housing, a statement by the lessees affirming receipt of the information required under 40 C.F.R. ?? 745.113(b)(2) and (b)(3), and the lead hazard pamphlet required under 15 U.S.C. ? 2686, in accordance with 40 C.F.R. ? 745.113(b)(4). Based on the EPA?s review of Respondent's records, the EPA alleges that prior to offering and entering into contracts for lease of the residential dwellings of target housing. Respondent failed to: a. Include as an attachment or within the contracts, the appropriate Lead Warning Statement, in violation of 40 C.F.R. ? 745.113(b)(1); b. Include as an attachment or within the contracts 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 c. Include as an attachment or within the contracts, a statement by the lessee affirming receipt of the information required under 40 C.F.R. ? 745.113(b)(2) (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). Based on Respondent's substantiated ability to pay claim, and in accordance with TSCA, the EPA has determined that TWELVE THOUSAND DOLLARS ($12,000.00) is an appropriate civil penalty to settle this action, which Respondent consents to pay within thirty (30) days after the Effective Date of the consent agreement.

Defendants (1)

• LIVINGINTOWN REALTY GROUP, LLCNamed in complaintNamed in settlement

Facilities (13)

• NA

  1147 NORTH AVENUE, ATLANTA, GA, 30307

  Registry ID: 110071949038

• N/A

  545 OAKVIEW ROAD, UNIT #4, DECATUR, GA, 30030

  Registry ID: 110071949044

• N/A

  1001 MCLYNN AVENUE NE, ATLANTA, GA, 30306

  Registry ID: 110071949041

• N/A

  1744 LYLE AVENUE, APT #12, COLLEGE PARK, GA, 30337

  Registry ID: 110071949047

• N/A

  3425 REGALWOODS DRIVE, DORAVILLE, GA, 30340

  Registry ID: 110071949039

• N/A

  996 AMSTERDAM, APT #4, ATLANTA, GA, 30306

  Registry ID: 110071949042

• N/A

  547 ELMWOOD DRIVE NE, ATLANTA, GA, 30306

  Registry ID: 110071949040

• N/A

  705 PIEDMONT AVENUE, UNIT 11, ATLANTA, GA, 30308

  Registry ID: 110071949048

• N/A

  1783 PIEDMONT WAY, UNIT B, ATLANTA, GA, 30324

  Registry ID: 110071949045

• N/A

  348 SEVENTH STREET NE, ATLANTA, GA, 30308

  Registry ID: 110071949046

• N/A

  860 BRIARCLIFF ROAD, APT. #10, ATLANTA, GA, 30306

  Registry ID: 110071949049

• LIVINGINTOWN REALTY GROUP

  1904 MONROE DRIVE NE, ATLANTA, GA, 30324

  Registry ID: 110071407535

• N/A

  589 SEMINOLE AVENUE, UNIT A, ATLANTA, GA, 30307

  Registry ID: 110071949043

Statutes cited

• TSCA 1018 — Lead: Disclosure
• TSCA 406B — Lead: Pre-Renovation Education Rule
• TSCA 402C — Lead: RRP

Enforcement conclusions (1)

• LIVINGINTOWN REALTY GROUP, LLCentered 2025-04-08

  Primary law: TSCA

  Federal penalty: $12,000

Timeline (4 milestones)

• 2025-04-08Complaint Filed/Proposed Order
• 2025-04-08Final Order Issued
• 2025-04-30Enforcement Action Closed
• 2025-05-22Enforcement Action Data Entered