Two housing authorities in upstate New York could face penalties if they don’t address alleged violations of lead-based paint regulations under the federal Toxic Substances Control Act, the Environmental Protection Agency said Thursday.
The federal agency said it entered into a settlement with the Buffalo Municipal Housing Authority and Syracuse Housing Authority, which alleges both were aware of lead-based paint in some of their properties but did not notify tenants of available information on potential hazards, which is required by federal regulations.
“If you rent or sell a home or apartment the rule is clear -- you must disclose its lead-based paint history. Notification of potential and actual lead hazards by landlords to tenants is one of the easiest and most effective ways to reduce dangerous lead exposure,” EPA regional administrator Lisa F. Garcia said in a statement. “Tenants must have the ability to make informed decisions, especially when it comes to protecting their children’s health.”
The EPA inspected the Frederick Douglass Towers and Shaffer Village Apartments in Buffalo, and the James Geddes Row Houses and Pioneer Homes in Syracuse. They found that both local housing authorities did not:
- Disclose the presence of (or include in lease a statement disclosing the presence of) or indicate no knowledge any lead-based paint or lead-based paint hazards in the housing being leased
- Provide lessees with all available records and reports (or include in lease a list of records and reports) pertaining to the presence of lead-based paint or lead-based paint hazards
- Include in lease a statement by lessee affirming receipt of information of presence of lead-based paint, list of reports or records of lead-based paint and the lead-based paint information pamphlet
- Include signatures of lessors, agents and lessees certifying the accuracy of their statements regarding lead-based paint and/or lead-based paint hazards
In order to not face penalties, both housing authorities must provide completed disclosure forms to the EPA for 20 new leases and/or lease renewals each at the locations for each quarter, providing to the EPA a list of all apartment units where renovation work was conducted during each quarter as well as a description of the work performed, the name of the firm and certified renovator who performed the renovation.
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