5/25/12 - COMPLAINT FILED. AT ALL TIMES RELEVANT TO THIS MATTER, RESPONDENT WAS A LESSOR OF RESIDENTIAL PROPERTIES LOCATED AT 215-B SAMFORD AVENUE, OPELIKA, AL; 1827 1ST AVENUE, OPELIKA, AL; 104 14TH STREET, OPELIKA, AL; AND 4006 US HWY 29N, OPELIKA, AL.
THE RESIDENTIAL PROPERTIES WERE CONSTRUCTED PRIOR TO 1978.
ALLEGATIONS:
RESPONDENT ENTERED INTO FOUR LEASES OF THE RESIDENTIAL PROPERTIES.
COUNTS 1-4: FAILURE TO PROVIDE LESSEES WITH EPA-APPROVED LEAD HAZARD INFO PAMPHLET. AT THE TIME THAT RESPONDENT ENTERED INTO THE FOUR LEASES, RESPONDENT DID NOT PROVIDE THE LESSEES WITH AN EPA-APPROVED LEAD HAZARD IFO PAMPHLET AS REQUIRED BY 40 CFR 745.107(a)(1).
COUNTS 5-8: FAILURE TO INCLUDE LEAD WARNING STATEMENT AS AN ATTCHMENT TO OR WITHIN LEASE. AT THE TIMES THAT RESPONDENT ENTERED INTO THE FOUR LEASES, RESPONDENT DID NOT INCLUDE AS AN ATTACHMENT TO THE LEASES OR WITHIN THE LEASES A LEAD WARNING STATEMENT CONTAINING LANGUAGE PROVIDED IN 40 CFR 745.113(b)(1) AS REQUIRED 40 CR 745.113(b)(1).
COUNTS 10-13: FAILURE TO INCLUDE STATEMENT DISCLOSING PRESENCE OF LEAD-BASED PAINT AND/OR HAZARDS OR INDICATING NO KNOWLEDGE. AT THE TIMES THAT RESPONDENT ENTERED INTO THE FOUR LEASES, RESPONDNET FAILED TO INCLUDE IN THE LEASES A STATEMENT BY RESPONDENT DISCLOSING THE PRESENCE OF KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE UNITS BEING LEASED OR INDICATING NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, AS REQUIRED BY 40 CFR 745