EPA v. EVERNEST HOLDINGS, LLC

Case summary

APRIL 23, 2025 - CONSENT AGREEMENT On April 5, 2023, an inspector with the EPA conducted an inspection at Respondent's place of business located at 4020 Old Milton Parkway, Suite 200, Alpharetta, Georgia 30005, for the purpose of evaluating Respondent's compliance with the requirements of 40 C.F.R. Part 745, Subparts E and F. During the inspection, the inspector requested that Respondent provide records for the inspector's review. Respondent advised the inspector that the records were not available at Respondent's Alpharetta location but would be provided after the inspection. Subsequent to the inspection, on July 14, 2023, July 17, 2023, August 15, 2023, October 4, 2023, November 30, 2023, and December 3, 2023, Respondent submitted records to the EPA for review to determine its compliance with 40 C.F.R. Part 745, Subparts E and F. 34. Based on a review of Respondent's records, the EPA determined that Respondent, working on behalf of the lessor, had entered into contracts to lease the residential dwellings that are target housing at the several locations. At the time of the inspection, and subsequent to the inspection, Respondent was unable to provide records to the inspector documenting that prior to entering into the leases. Based on the EPA?s review of Respondent's records, including records submitted by Respondent subsequent to the inspection, the EPA alleges that Respondent, in its capacity as an agent concerning the leasing of target housing, failed to: a. Provide the lessee with an EPA-approved lead hazard information pamphlet, in violation of 40 C.F.R. ? 745.107(a)(1); b. Include as an attachment or within the contract to lease target housing, the appropriate Lead Warning Statement, in violation of 40 C.F.R. ? 745.113(b)(1); c. Include as an attachment or within the contract 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); d. 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, ?Protect Your Family From Lead in Your Home,? 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); e. Include as an attachment or within the contract to lease target housing a statement by the agent involved in the transaction to lease target housing that the agent had informed the lessor of the lessor's obligations, and that the agent was aware of its duty to ensure compliance, in violation of 40 C.F.R. ? 745.113(b)(5); and f. Include as an attachment or within the contract to lease target housing the signatures of the lessors, agents, and lessees, certifying to the accuracy of the statements made pursuant to 40 C.F.R. ? 113(b)(2), (b)(4), and (b)(5), to the best of their knowledge, along with the dates of signature, in violation of 40 C.F.R. ? 745.113(b)(6). Based on the EPA?s review of Respondent's records, the EPA determined that at the time Respondent offered to perform and/or performed renovations of the Properties identified in Paragraph 36, Respondent failed to 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). Respondent consents to pay a civil penalty, which was calculated in accordance with the Act, in the amount a of EIGHTEEN THOUSAND, FOUR HUNDRED DOLLARS ($18,400).

Defendants (1)

• EVERNEST HOLDINGS, LLCNamed in complaintNamed in settlement

Facilities (8)

• N/A

  1443-UNIT B, VESTA AVENUE, EAST POINT, GA, 30344

  Registry ID: 110071949050

• N/A

  11230 KAPOK AVENUE, PORT RICHEY, FL, 34668

  Registry ID: 110071949054

• N/A

  526 BELFAST DRIVE, GASTONIA, NC, 28052

  Registry ID: 110071949053

• EVERNEST, LLC

  4020 OLD MILTON PARKWAY, SUITE 200, ALPHARETTA, GA, 30005

  Registry ID: 110071407606

• N/A

  937 PHILLIPS STREET, NASHVILLE, TN, 37208

  Registry ID: 110071949056

• N/A

  1015 PIEDMONT AVENUE NE, APT D3, ATLANTA, GA, 30309

  Registry ID: 110071949052

• N/A

  330 WILLFORD STREET, MEMPHIS, TN, 38112

  Registry ID: 110071949055

• N/A

  55 HANOVER CIRCLE, APT 301, BIRMINGHAM, AL, 35205

  Registry ID: 110071949051

Statutes cited

• TSCA 402C — Lead: RRP
• TSCA 1018 — Lead: Disclosure

Enforcement conclusions (1)

• EVERNEST HOLDINGS, LLCentered 2025-04-23

  Primary law: TSCA

  Federal penalty: $18,400

Timeline (3 milestones)

• 2025-04-23Final Order Issued
• 2025-04-23Complaint Filed/Proposed Order
• 2025-05-22Enforcement Action Data Entered