HUD warns California landlords for failing to comply with lead safety regulations

Pre-penalty letters part of broader Protect Our Kids! enforcement campaign

211

The U.S. Department of Housing and Urban Development (HUD) today announced it issued notices of violation against the owners of eight HUD-assisted properties throughout California for violations of HUD’s lead safety rules and regulations.

These latest enforcement efforts are part of HUD’s Protect Our Kids! campaign, which was announced by Secretary Carson earlier this month. This Department-wide enforcement campaign is working to ensure that all federally assisted homes are lead-safe and that landlords of older homes are fulfilling their responsibilities to disclose lead-based paint hazards in their properties.

“Landlords have a responsibility to ensure the homes they rent to their tenants are safe and healthy places to live,” said HUD Secretary Ben Carson. “These rules are designed to protect families and their young children from the preventable dangers associated with lead poisoning.”

HUD’s enforcement campaign seeks to ensure compliance with the Lead Disclosure Rule and Lead Safe Housing Rule, which are intended to reduce the potential of lead poisoning in children in both privately owned homes and those that receive federal assistance.

Under HUD’s and the Environmental Protection Agency’s (EPA) Lead Disclosure Rule, most landlords and home sellers of homes built before 1978 are required to inform tenants and purchasers of any known lead-based paint or lead-based paint hazards in the home. HUD’s Lead Safe Housing Rule requires providers of most pre-1978 housing that is federally owned or receiving Federal assistance to make certain their units are lead safe.

As part of the Protect our Kids! campaign, HUD is taking the following actions to ensure compliance with these rules:

  • HUD issued a Pre-Penalty Notice to S&J II Ltd., the owner of S&J Limited II, a 73-unit HUD-assisted housing complex in Los Angeles. The owner knew that the property contained lead-based paint but failed to disclose this to tenants and failed to conduct necessary risk assessments and re-evaluations of lead-based paint hazards. The owner of the property is potentially liable for up to $506,924 in civil money penalties for failing to comply with its obligations under the lead safe housing rule and lead disclosure rule.
  • HUD issued a Pre-Penalty Notice to Harrison Bryant Kearney Cooley Boulevard Plaza, Inc., the owner of Kearney-Cooley Plaza, a 139-unit HUD-assisted housing complex in Fresno, California. The owner of the property failed to conduct risk assessments and re-evaluations of lead-based paint hazards and is potentially liable for up to $165,984 in civil money penalties for failing to comply with its obligations under the lead safe housing rule.
  • HUD issued a Pre-Penalty Notice to Oak Center Homes Partners LP, the owner of Oak Center Homes, an 89-unit HUD-assisted housing complex in Oakland, California. The owner of the property failed to conduct risk assessments and re-evaluations of lead-based paint hazards and is potentially liable for up to $165,984 in civil money penalties for failing to comply with its obligations under the lead safe housing rule.
  • HUD issued Pre-Penalty Notices to the owners of five (5) HUD-assisted housing complexes in Oakland, Los Angeles, San Diego, and Fresno, California. The owners of these properties failed to produce documentation to HUD demonstrating compliance with the lead safe housing rule in violation of their contractual obligation to produce such records. The owners of these properties are each potentially liable for up to $203,380 in civil money penalties for failing to comply with the lead safe housing rule and failing produce records as requested by HUD.

To support these local efforts, and to expand the public’s awareness about the dangers of lead, HUD developed a toolkit that underscores the importance of lead testing and provides tips on how to prevent lead poisoning. Learn more about National Healthy Homes Month 2018 and ways you can protect your children from lead and other home health and safety hazards.