ON SEPT 27, 2000, EPA REGION III FILED TWO COMPLAINTS AND NOTICE OF OPPORTUNITY FOR HEARING ( COMPLAINTS ). ONE COMPLIANT WAS FILED AGAINST, THE LESSOR, AND THE OTHER AGAINST THE AGENT FOR THE LESSOR, OF PROPERTY LOCATED AT 3304 PENNSYLVANIA AVENUE, SE ( THE RENTAL PROPERTY ), WASHINGTON, DC FOR ALLEGEDLY VIOLATING SECTION 409 OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 286 2869, BY FAILING TO COMPLY WITH REGULATIONS CODIFIED AT 40 C.F.R. PART 745, SUBPART F (THE DISCLOSURE RULE ), WHICH REQUIRE DISCLOSURE OF CERTAIN INFORMATION CONCERNING LEAD- BASED PAINT PRIOR TO SALE OR LEWASE OF RESIDENTIAL PROPERTY BUILT PRIOR TO 1978. IN EACH OF THE COMPLAINTS EPA SEEKS A $8,316 PENALTY FROM C.G.N.B. ASSOCIATES ( CGNB ) AND WILLOUGHBY REAL ESTATE COMPANY, INC. ( WILLOUGHBY ) REGARDING SEVERAL WASHINGTON D.C. APARTMENTS. RESPONDENT (CGNB AS LESSOR AND WILLOUGHBY AS AGENT FOR CGNB) ENTERED INTO LEASE AGREEMENTS WITH LESSEE FIVE APARTMENTS AT THE RENTAL PROPERTY, RESULTING IN VIOLATION OF THE DISCLOSURE RULE. SPECIFICALLY, RESPONDENT CGNB VIOLATED 40 C.F.R. SECTION 745.113(B)(2) BY NOT PROVIDING TO THE LESSEES, EITHER AS AN ATTACHMENT OR WITHIN A LEASES, A STATEMENT DISCLOSING THE PRESENCE OF ANY KNOWN LEAD-BASED IN THE TARGET HOUSING OR INDICATING A LACK OF KNOWLEDGE OF SUCH PRESENCE. RESPONDENT WILLOUGHBY VIOLATED 40 C.F.R. SECTION 745.115(A)(2) BY FAILING TO ENSURE C