| The Disclosure Rule, promulgated under
Title X, Section 1018, requires property owners to inform prospective tenants
and/or buyers of known lead hazards in pre-1978 property being leased or
sold and to provide an EPA-approved pamphlet containing information on lead
hazards. The Rule itself does not require property owners to investigate
or control hazards. Rather, its strength lies in the opportunities for creative
enforcement of the civil, criminal, and administrative penalties available
under the law. In addition to collecting financial penalties, federal agencies
have advanced primary prevention by requiring defendants to assess and remediate
lead hazards in numerous apartments across the country and by directing
penalties to community-based lead poisoning prevention projects.
Federal agencies stepped up enforcement of the Rule in 2001, when they
announced several high-profile enforcement actions. In addition to settling
civil and administrative enforcement actions against landlords in Chicago,
New York, and Los Angeles in October 2001, EPA and the United States Attorney’s
Office criminally prosecuted a New Hampshire man and his company later
that year for violating the Disclosure Rule and obstructing justice. The
defendant leased an apartment to the family of a two-year-old girl who
died of lead poisoning in April 2000 and subsequently forged documents
certifying that the girl’s mother and others in the building had
received the required disclosure information. He was sentenced to 15 months
in prison and fined $40,000. While criminal prosecutions under the Disclosure
Rule are rare, they serve to send a message to property owners that blatant
disregard for the law will not be tolerated.
Federal agencies also have effectively used the Rule to require large
rental property owners and managers to control lead hazards in many properties
around the country. In the largest disclosure settlement to date, a Denver-based
company agreed with HUD and EPA in January 2002 to assess and remediate
lead hazards in more than 130,000 units in 47 states and the District
of Columbia and to pay a fine of $129,580. Between 2001 and 2005, other
large property owners with units in Minnesota, Virginia, and Wisconsin
made important repairs to lead hazards in their units under HUD- and EPA-imposed
settlements.
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