EPA v. Ralph Hovannisian - TSCA Section 1018

Case summary

Comment One: On December 12, 2007, EPA Region IX issued an administrative civil complaint against Ralph Hovannisian alleging violations of the lead-based paint disclosure requirements of Section 1018 of Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. § 4852d, and its implementing regulations found at 40 C.F.R. Part 745 (“Lead Disclosure Rule”). The complaint cited Mr. Hovannisian with 42 counts of violations of the Lead Disclosure Rule in eight leasing transactions for pre-1978 rental properties owned by him located in Fresno, California, including failure to provide a lead warning statement and lead pamphlet, failure to indicate the presence of lead-based paint or else state no knowledge of lead-based paint, failure to provide reports on lead-based paint and failure to obtain signed and dated certifications from lessees for receipt of the disclosure information. The complaint does not seek a specific penalty but rather generally pleads for penalties up to the current statutory max of $11,000 per violation. Mr. Hovannisian has thirty days to file an answer to the complaint. Comment Two: Residential property owner and manager Ralph Hovannisian did not provide federally-required lead warning statements to his tenants. He also failed to disclose information or reports on lead-based paint or lead hazards at these locations prior to tenants signing lease agreements. The tenants didn’t receive an EPA-approved lead information pamphlet, a statement of knowledge about lead-based paint in the units, or an identification of any records available regarding lead-based paint in the units. These failures resulted in multiple violations of the federally regulated Toxic Substances Control Act. This case originated from a tip and complaint from the County of Fresno. The landlord, Ralph Hovannisian, agreed to settle the case and pay a penalty of $16,000

Defendants (1)

• Ralph HovannisianNamed in complaintNamed in settlement

Facilities (1)

• HOVANNISIAN - PROFESSIONAL MAN PROPERTY MANAGEMENT

  1508 WEST MINERAL KING AVENUE, VISALIA, CA, 93291

  Registry ID: 110033198983

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• Ralph Hovannisian - TSCA Section 1018entered 2008-06-18

  Primary law: TSCA

  Federal penalty: $16,000

Timeline (4 milestones)

• 2007-12-12Complaint Filed/Proposed Order
• 2008-01-15Enforcement Action Data Entered
• 2008-06-18Final Order Issued
• 2008-07-28Enforcement Action Closed