(Seattle – May 15, 2012) Robert Kerr of Everett, Washington will pay a penalty for alleged violations of the federal Real Estate Notification and Disclosure Rule, according to a settlement with the U.S. Environmental Protection Agency.

Mr. Kerr leases properties located in Bellingham, Washington. From 2008-2010, Mr. Kerr leased 26 residential units numerous times and failed to notify tenants about the presence of lead paint and lead-based paint hazards, as required by the Disclosure Rule. Mr. Kerr will pay a $21,800 penalty.

“People have the right to know about lead hazards prior to renting or buying a place to live,” said Rick Albright, Director of EPA’s Office of Air, Waste and Toxics in Seattle. “Sellers, landlords and property managers who do not properly notify the people who will live in these homes can face stiff penalties.”

The Disclosure Rule requires landlords, property management companies, real estate agencies, and sellers to inform potential lessees and purchasers of the presence of lead-based paint and lead-based paint hazards in pre-1978 housing. They must also provide the purchaser or lessee with a copy of the Lead Hazard Information Pamphlet, “Protect Your Family from Lead in Your Home” before entering into any lease or sales agreement, and keep records showing they have met the federal requirements.

Lead from paint, dust, and soil can be dangerous if not managed properly. Lead exposure can harm young children, babies and developing fetuses. People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead.

Contacts: David Deegan, (617) 918-1017

Companies Fined for Failing to Notify Tenants About Lead Paint at Two Navy Bases in New England

(Boston, Mass. – May 1, 2012) – Two companies have agreed to pay a penalty of $89,300 to settle EPA claims that they violated federal lead paint disclosure laws at the Portsmouth Naval Shipyard in Kittery, Maine and the Naval Submarine Base New London in Groton, Conn.

In a recent EPA enforcement complaint, EPA alleged that Northeast Housing, LLC, and Balfour Beatty Military Housing Management, LLC failed on multiple occasions to notify prospective tenants, including families with young children, about potential lead paint hazards in housing managed by the companies on the two Navy bases in New England.  Specifically, the companies failed to comply with the Lead Based Paint Disclosure Rule when they entered into contracts to lease housing with military personnel during the years 2007-2010 by failing to provide available records and reports regarding lead-based paint and lead-based paint hazards to 13 lessees (10 lessees at Portsmouth and three lessees at the Conn. base).  Nine of the lessees were families with children, including seven families with children under the age of six.

Notifying prospective tenants of housing units helps parents protect young children from exposure to lead-based paint hazards.  Infants and young children are especially vulnerable to lead paint exposure, which can cause intelligence quotient deficiencies, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity, and behavior problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems, and muscle and joint pain.

Many homes built before 1978 have lead-based paint. The federal government banned lead-based paint from housing in 1978. The purpose of the Lead Disclosure Rule is to provide residential renters and purchasers of pre-1978 housing with enough information about lead-based paint in general and known lead-based paint hazards in specific housing, so that they can make informed decisions about whether to lease or purchase the housing.

The housing at both bases is owned by Northeast, a joint venture limited liability company between the Department of the Navy and a wholly-owned subsidiary of Balfour Beatty Communities, LLC, of which the BBC affiliate is the managing member.  There are approximately 25 pre-1978 housing units located at Portsmouth Naval Shipyard, where housing was built in the 1800s and early 1900s.  There are approximately 735 pre-1978 housing units at the Naval Submarine Base in Groton which were built in the early 1960s.

Northeast Housing and Balfour Beatty Military Housing Management cooperated with EPA in promptly correcting the violations and in reaching a quick settlement.

More information on lead hazards and lead disclosure rule: http://epa.gov/lead/pubs/leadinfo.htm

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Learn More about the Latest EPA News & Events in New England (http://www.epa.gov/region1/newsevents/index.html)

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More info on EPA’s Environmental Results in New England (http://www.epa.gov/region1/results/index.html)

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According to a complaint filed by EPA’s New England office, Juan Hernandez allegedly violated lead-based paint disclosure requirements seven times when he rented apartment units in Bridgeport, Conn. between 2008 and 2010.  Mr. Hernandez faces an EPA penalty of up to $127,150 for violating federal lead paint disclosure rules. During the time period relevant to EPA’s investigation, all of the apartment buildings owned by Mr. Hernandez were located in potential environmental justice areas.

In a separate EPA complaint, Edward Franco, owner of El Paso Management, and its affiliates allegedly violated lead-based paint disclosure requirements when they rented apartment units three times in South Boston, Roxbury, and Dorchester in 2009.  Most of the tenants involved in this case live in low income and/or minority areas.

Both parties are charged with failing to give tenants required lead hazard information pamphlets, failing to include lead warning statements in leases, failing to disclose any known lead-based paint or lead-based paint hazards, and/or failing to provide records or reports pertaining to lead-based paint or lead-based paint hazards.

Federal lead disclosure rules are meant to give tenants adequate information about the risks associated with lead paint so that they can make informed decisions before signing a lease contract. Property owners leasing housing built before 1978 are required to provide the following information to tenants: the EPA-approved lead hazard information pamphlet, Protect Your Family from Lead in Your Home; a lead warning statement; statements disclosing any known lead-based paint and/or lead-based paint hazards; and copies of all available records or reports regarding lead-based paint and lead-based paint hazards.  This information must be provided to tenants before they enter into leases.

Infants and young children are especially vulnerable to lead paint exposure, which can cause developmental impairment, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavioral problems.  Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems and muscle and joint pain.

More information:
Lead-based paint health hazards (www.epa.gov/ne/eco/ne_lead/index.html)
Lead-based paint disclosure rule (www.epa.gov/ne/enforcement/leadpaint/index.html)

“Exposure to lead can cause serious health problems and affects our most vulnerable population, our children,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By taking action to enforce lead rules we are protecting people’s health and ensuring that businesses that follow the rules have a level playing field.”

On March 21, 2012, Colin Wentworth, a rental property owner who was responsible for building operation and maintenance, agreed to pay $10,000 to resolve violations of the RRP rule. The complaint alleged that Mr. Wentworth’s workers violated the rule by improperly using power equipment to remove paint from the exterior surface of an 1850’s apartment building he owns in Rockland, Maine. The complaint also alleged that the workers had not received any training under the rule and that Mr. Wentworth had failed to apply for firm certification with the EPA. Because the lead dust had not been properly contained, residents were potentially exposed and the dust could have also contaminated the ground surrounding the apartment building. Two of the four units in the building were rented to recipients of U.S. Department of Housing and Urban Development Section 8 vouchers and there were at least four children under the age of 18, including one under the age of six, living in the units. The Maine Department of Environmental Protection and the Occupational Safety and Health Administration (OSHA) also responded to the alleged violations.

On March 20, 2012, Valiant Home Remodelers, a New Jersey window and siding company, agreed to pay $1,500 to resolve violations from failing to follow the RRP rule during a window and siding replacement project at a home in Edison, N.J. Valiant Home Remodelers failed to contain renovation dust, contain waste, and train workers on lead-safe work practices.

On February 21, 2012, Johnson Sash and Door, a home repair company located in Omaha, Neb., agreed to pay a $5,558 penalty for failing to provide the owners or occupants of housing built prior to 1978 with an EPA-approved lead hazard information pamphlet or to obtain a written acknowledgement prior to commencement of renovation activities at five homes. The complaint also alleged that Johnson failed to obtain initial certification prior to performing renovations at these residences.

As required by the law, a company or individual’s ability to pay a penalty is evaluated and penalties are adjusted accordingly.

These recent actions are part of EPA’s effort to ensure that contractors and individuals follow the RRP requirements and other lead rules to protect people’s health from exposure to lead. Lead exposure can cause a range of health effects, from behavioral problems and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

More on the settlement: http://www.epa.gov/compliance/civil/tsca/tscaenfstatreq.html

More about lead: http://www.epa.gov/lead
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FedEx recently announced that the cost to ship an overnight envelope with FedEx Express^® will increase by a net average of 3.9%, while the cost to ship a FedEx Ground^® shipment will increase an average of 4.9%.

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[Private Property]

Red Wing, Minn.—Today the Minnesota Supreme Court handed down an important victory for Red Wing property owners and renters and for citizens across the state of Minnesota. The court allowed a property rights case to go forward that had been tied up by procedural hurdles for more than five years. The case challenges Red Wing’s rental inspection program, under which the city can enter and inspect people’s homes without any evidence that a code violation has taken place. The decision, which seriously examined the facts of the case and the practical impact of the law on plaintiffs’ rights, is a model of judicial engagement.

Nine landlords and two tenants from Red Wing, Minn.—who are represented by the public interest law firm the Institute for Justice—object to Red Wing’s rental inspection law.  Many cities across Minnesota—including Minneapolis, St. Paul, Duluth and Rochester—have local laws like Red Wing’s that allow government officials to conduct housing inspections of all rented homes in the city, even if the tenant refuses to consent to the search and even if the government has no reason to believe there is a problem with the rental home or even with the building.  The unusual alliance of landlords and tenants sued the city to prevent government inspectors from violating their rights.

“Red Wing’s unreasonable and unconstitutional inspection program allows government inspectors to poke around in practically every nook and cranny in your home—even closets and your bathroom,” said IJ Senior Attorney Dana Berliner.  “Our clients sought to test the constitutionality of this law before it is used to illegally enter their homes. Now, thanks to the Minnesota Supreme Court, they will get an answer to that question. The courthouse door remains open for our clients.”

As the Minnesota Supreme Court pointed out, “The City has actually begun enforcing the rental inspection ordinance against appellants.” Therefore, there is a real dispute that affects plaintiffs’ rights, and the courts can go forward to address whether the law is unconstitutional.

Until today’s ruling, the city had announced its plan to continue to try to enter the plaintiffs’ homes without their consent and force the plaintiffs to engage in piecemeal litigation to protect themselves. With the ruling, the plaintiffs can settle the constitutionality of the law once and for all.

Landlord Robert McCaughtry, a plaintiff in the case, has had enough of the city’s inspection program. He said, “I’m not against the city having housing standards, but it’s wrong for the city to force its way into peoples’ homes without any evidence of a problem or code violation. I’m grateful that we’ll finally get our opportunity to show that this program is unconstitutional.”

“Increasingly local governments use ‘administrative warrant’ programs to skirt the protections of the Fourth Amendment and force their way into people’s homes,” said IJ Minnesota Chapter Attorney Anthony Sanders. “The Fourth Amendment, and the similar provision in the Minnesota Constitution, was intended to protect people’s property and privacy rights, and its standards—requiring probable cause of an actual violation of the law—are entirely reasonable and not something the government should be allowed to ignore.”

The court remanded the case to the Minnesota Court of Appeals to decide the issue the plaintiffs have been fighting for all along: whether the Minnesota Constitution allows inspections without probable cause.

“The Minnesota Supreme Court has regularly interpreted the Minnesota Constitution to provide greater protection for individual liberty than is provided by the U.S. Constitution,” said Berliner.  “We believe this is an excellent opportunity to ensure all Minnesotans are free from unreasonable searches of their homes and properties.”

Cleveland, Ohio, December 7, 2011—The National REIA Shipping Program, managed by PartnerShip, today announced that FedEx Corp. (NYSE: FDX) and UPS (NYSE: UPS) will increase envelope and small package shipping rates for 2012.

Air Shipping Costs to Increase

Effective January 2, 2012, the cost to ship an overnight envelope with Memphis-based FedEx Express will increase by a net average of 3.9%. The full average rate increase of 5.9% will be partially offset by adjusting the fuel price threshold at which the fuel surcharge begins, reducing the fuel surcharge by 2%. Air packages shipped with Atlanta-based UPS will increase by a net average 4.9% beginning January 2, 2012. The rate increase for UPS air and international shipments is based on a 6.9% increase in the base rate, less a 2% reduction to the index-based air and international fuel surcharge.

Ground Shipping Rates Going Up As Well

Effective January 2, 2012, the cost to ship with FedEx Ground will increase by a net average 4.9%. The full average rate increase of 5.9% will be partially offset by adjusting the fuel price threshold at which the fuel surcharge begins, reducing the fuel surcharge by 1%. UPS ground shipping will also increase by a net average 4.9% for U.S. domestic services, achieved through a 5.9% increase in the base rate, less a 1% reduction to the index-based ground fuel surcharge.

Additionally, UPS Next Day Air Freight and UPS 2nd Day Air Freight rates for shipments within and between the U.S., Canada and Puerto Rico will increase 5.9%. UPS 3 Day Freight rates will remain unchanged.

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