New York City contractor fined for lead paint violations

A New York City contractor has agreed to pay the second-largest fine of its kind for alleged violations of the Toxic Substances Control Act and the EPA’s Renovation, Repair, and Painting Rule. 

Apex Building Company agreed to pay $607,000 for failing to comply with safety requirements mandated by the TSCA and the RRP Rule during renovation work on hundreds of apartments between 2015 and 2021, the U.S. Attorney’s Office for the Southern District of New York said in a press release.

The regulations are designed to reduce the risk of exposure to toxic lead paint dust during residential building renovations, particularly for young children, tenants, and workers. Exposure to lead paint dust is a significant cause of lead poisoning, which can result in severe and irreversible health issues, especially in children.

The lawsuit filed by the U.S. Attorney’s office alleges Apex violated various provisions of the RRP Rule, including inadequate containment of construction dust containing lead, failure to assign a certified renovator, lack of on-the-job lead safety training for workers, and failure to provide proper warnings and lead hazard information to building occupants. 

The violations persisted — despite repeated warnings — and continued through at least 2021. The alleged violations occurred in low-income residential properties, exacerbating existing environmental hazards faced by tenants.

The penalty amount was determined based on Apex’s documented inability to pay the full penalty. Under the decree, Apex must also adhere to safe work practices and RRP Rule requirements going forward, conduct tenant and worker safety information sessions to mitigate potential harm, and face significant additional penalties if it fails to comply with the decree.

To allow public input and review, the Consent Decree will be lodged with the District Court for at least 30 days before being submitted for approval.

Lead paint has been an ongoing issue in New York state.

In July, Syracuse landlord Todd L. Hobbs and his companies — TLH Holdings and TLH Properties — were sued by New York Attorney General Letitia James for alleged repeated violations of lead safety laws at more than a dozen properties.

Dating back to 2016, Hobbs’ companies have violated lead safety laws 413 times at 19 different properties, according to a press release. At least 11 children have been poisoned by lead while residing in these properties, the lawsuit alleges.

The lawsuit alleges that Hobbs consistently violated city, county, state, and federal laws by neglecting to address lead paint hazards and not following regulations for safe lead paint repairs and risk communication to tenants. Despite multiple citations for lead paint violations, Hobbs failed to take appropriate action at his rental properties.

The legal action seeks thousands of dollars for impacted families, and the disgorgement of ill-gotten profits, including rent payments received by Hobbs. Additionally, officials are requesting an order to halt Hobbs’ alleged harmful housing practices.