EPA v. FOGELMAN PROPERTIES, LLC

Case summary

4/20/2026 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $4000.00 TO BE PAID IN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON OR AROUND APRIL 2, 2025, THE EPA RECEIVED INFORMATION REGARDING LEAD-BASED PAINT RENOVATIONS AT AN APARTMENT BUILDING UNDER RESPONDENT'S MANAGEMENT LOCATED AT 99 SOUTH FRONT STREET, MEMPHIS, TENNESSEE 38103. ON NOVEMBER 18, 2025, THE EPA REQUESTED ADDITIONAL INFORMATION FROM RESPONDENT IN ORDER TO EVALUATE ITS COMPLIANCE WITH 40 C.F.R. PART 745, SUBPART F. RESPONDENT SUBMITTED SUCH INFORMATION VIA EMAIL ON NOVEMBER 21, 2025. BASED ON THE EPA'S REVIEW OF THE INFORMATION RECEIVED AND THE RECORDS SUBMITTED BY RESPONDENT, THE EPA DETERMINED THAT ON OR ABOUT AUGUST 25, 2022, RESPONDENT, IN ITS CAPACITY AS AGENT ON BEHALF OF THE LESSOR, HAD ENTERED INTO A CONTRACT TO LEASE THE RESIDENTIAL DWELLING LOCATED AT 99 SOUTH FRONT STREET, UNIT B03, MEMPHIS, TENNESSEE 38103 (THE PROPERTY ). BASED ON THE INFORMATION AND RECORDS RECEIVED, THE EPA ALLEGES THAT RESPONDENT, IN ITS CAPACITY AS AGENT ON BEHALF OF THE LESSOR CONCERNING THE LEASING OF THE PROPERTY, FAILED TO: A. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE THE PROPERTY, THE APPROPRIATE LEAD WARNING STATEMENT, IN VIOLATION OF 40 C.F.R. ? 745.113(B}(L}; B. INCLUDE AS AN ATTACHMENT OR WITHIN THE CONTRACT TO LEASE THE PROPERTY, 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 CONTRACT TO LEASE THE PROPERTY, A STATEMENT BY THE LESSEE 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 VIOLATION OF 40 C.F.R. ? 745.113(B)(4).

Defendants (1)

• FOGELMAN PROPERTIES, LLCNamed in complaintNamed in settlement

Facilities (1)

• FOGELMAN PROPERTIES, LLC

  6060 POPLAR AVENUE, MEMPHIS, TN, 38119

  Registry ID: 110072172417

Statutes cited

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

Enforcement conclusions (1)

• FOGELMAN PROPERTIES, LLCentered 2026-04-20

  Primary law: TSCA

  Federal penalty: $4,000

Timeline (3 milestones)

• 2026-04-20Complaint Filed/Proposed Order
• 2026-04-20Final Order Issued
• 2026-05-11Enforcement Action Data Entered