EPA v. AIMCO

Case summary

On July 2, 2003, a Complaint/Consent Agreement & Final Order (Complaint/CAFO) was filed resolving alleged violations of the Toxic Substances Control Act (TSCA), the Residential Lead-Based Paint Hazard Reduction Act, and the Real Estate Notification and Disclosure Rule. This enforcement action was taken against the Apartment Investment and Management Company (AIMCO) and several related companies (collectively, AIMCO Entities) involved in the ownership and leasing of the 144-unit Casa de Monterey residential complex in Norwalk, California. Under the Complaint/CAFO, the AIMCO Entities have agreed to pay a penalty of $55,000. The Complaint/CAFO alleges that the AIMCO Entities, in their respective roles as lessors and agents, failed to comply with Section 1018 and the Disclosure Rule with respect to leases of 67 units. Forty-nine of these units were occupied by families with children under six years old, who are most at risk from lead-based paint hazards. The investigation at the Casa de Monterey complex led to a national settlement with the AIMCO Entities, in which the AIMCO Entities agreed to conduct abatement of lead-based paint hazards in its many other residential holdings. The AIMCO Entities have come into compliance with the Disclosure Rule at the Casa de Monterey complex and have fully abated the lead paint present at the complex.

Defendants (9)

• Apartment Investment and Management CompaniesNamed in complaintNamed in settlement
• AIMCO PropertiesNamed in complaintNamed in settlement
• AIMCO-GP Inc.Named in complaintNamed in settlement
• MAERIL Inc.Named in complaintNamed in settlement
• NHP Management CompanyNamed in complaintNamed in settlement
• NHPMN Management L.P.Named in complaintNamed in settlement
• VMS National Residential Portfolio INamed in complaintNamed in settlement
• VMS National Residential Portfolio IiNamed in complaintNamed in settlement
• VMS National Properties Joint VentureNamed in complaintNamed in settlement

Facilities (1)

• VMS NATIONAL RESIDENTIAL PROPERTIES

  12301 STUDEBAKER ROAD, NORWALK, CA, 90650

  Registry ID: 110015754003

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• AIMCO Consent Agreemententered 2003-07-02

  Primary law: TSCA

  Federal penalty: $55,000

Timeline (3 milestones)

• 2003-07-02Complaint Filed/Proposed Order
• 2003-07-02Final Order Issued
• 2003-07-21Enforcement Action Data Entered