Full disclosure

The EPA cited a Boston-based nonprofit urban housing developer and some associated property owners yesterday for failing to properly inform tenants about potential lead paint hazards. The result for the company – which got its start in the 1960s rehabbing abandoned apartments in the South End, and now manages almost 9,000 units for low-income, elderly, and special needs tenants – could be a huge fine.

The Community Builders Inc. and 23 associate groups were cited by the EPA for more than 800 alleged violations of federal
Lead Disclosure Rules between 2003 and 2006. Each violation could carry a penalty of up to $11,000.

Federal law requires landlords and property owners to notify prospective tenants or buyers about the potential for lead paint hazards in residential properties – particularly those built before 1978 when lead paint was banned. The goal being to protect children who may live in the units, because ingesting lead paint can affect a child’s brain development, causing reading or learning disabilities, among other things.

TCB’s president and CEO Patrick E. Clancy issued this statement in response to the EPA citation: “The Community Builders is committed to maintaining safe properties and to full compliance with lead paint disclosure regulations. … While we are still in discussions with the EPA we have implemented new procedures for compliance and monitoring including increased staff training. We look forward to continuing to work with the EPA.”

The properties involved in the citation are in Boston, Fall River, Gloucester, Holyoke, Lawrence, Lexington, Springfield, Westfield, and Worcester, as well as in New Haven and Vernon, Conn.

No children sustained lead poisoning as a result of the violations, according to the EPA. However, the agency stated that some of the properties involved are known to contain lead-based paint.

** Update: Clancy added to his statement this afternoon to say this is largely a paperwork issue related to tenant disclosure and that the company has straightened out the paperwork problems. He further added that he doesn't expect the EPA to impose a huge fine. "We are unaware of any case of this nature resulting in a settlement or penalty of that magnitude, particularly with a nonprofit, mission-oriented organization that has cooperated fully," Clancy said.