MDE Issues Enforcement Actions Against City Property Owners for Lead Paint Violations

From the Maryland Department of the Environment:

MDE’s Lead Poisoning Prevention Program serves as the coordinating agency of statewide efforts to eliminate childhood lead poisoning. Under the 1994 “Reduction of Lead Risk in Housing Law,” MDE assures compliance with mandatory requirements for lead risk reduction in rental units built before 1950, maintains a statewide listing of registered and inspected units, and provides blood lead surveillance through a registry of test results of all children tested in Maryland. The following actions were for properties alleged to be out of compliance with lead risk reduction standards:

• Jerome C. Felix: 14 affected properties – On August 25, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $20,000 for alleged violations.
• Pirate, LLC: 8 affected properties – On August 25, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $55,000 for alleged violations.
• Charles Kipp and Naoma Kipp: 2 affected properties – On August 25, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking a combined $20,000 for alleged violations.
• Tony Williams: 2 affected properties – On August 31, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $35,000 for alleged violations.
• Aleksandre Vayshelboym and Pavel Vayshelboym: 4 affected properties – On August 31, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking a combined $30,500 for alleged violations.
• Genevieve Nixon: 1 affected property – On August 31, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking a combined $18,000 for alleged violations.
• Moses G. Parker: 11 affected properties – On August 31, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $10,000 for alleged violations.
• Romael M. Boyd: 1 affected property – On September 8, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $25,000 for alleged violations.
• Demetrios Nicholas Karvounis: 5 affected properties – On September 8, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.
• Elaine C. G. Parker: 8 affected properties – On September 28, 2011, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendant agreed to a penalty of $6,000.
• Fulton 200, LLC: 5 affected properties – On October 4, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $30,000 for alleged violations.
• Herman Lopez and Dina Lopez: 3 affected properties – On October 4, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,000 for alleged violations.
• Michael D. Davis: 14 affected properties – On October 4, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $46,000 for alleged violations.
• Antonio Banks and Latrina Wilson: 2 affected properties – On October 4, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $15,000 for alleged violations.
• Skyline Residential 1, L.P.: 31 affected properties – On October 4, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $25,000 for alleged violations.
• Nina Nwaba: 1 affected property – On October 4, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $40,000 for alleged violations.
• M&A Properties, LLC: 1 affected property – On October 4, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $25,000 for alleged violations.
• Christopher Campbell: 10 affected properties – On October 24, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $32,500 for alleged violations.
• Moses O. Fadiran: 21 affected properties – On October 24, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $50,000 for alleged violations.
• Alexia A. Lotts, a.k.a. Alexia A. McCain: 1 affected property – On October 28, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $30,000 for alleged violations.
• Huber Properties, LLC: 11 affected properties – On October 28, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $35,000 for alleged violations.
• Kevin R. Wheeler and Lisa I. Wheeler: 10 affected properties – On October 28, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $13,700 for alleged violations.
• Dennis G. Howard and Teresa K. Howard: 8 affected properties – On October 28, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $30,000 for alleged violations.
• Michael McGurn and Yusabor Gaye: 2 affected properties – On November 29, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking a combined $27,500 for alleged violations.
• Angela M. Richardson: 1 affected property – On November 29, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,000 for alleged violations.
• Mary A. Wright: 2 affected properties – On December 6, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $32,000 for alleged violations.
• Neil S. Wolfson: 2 affected properties – On December 6, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,500 for alleged violations.
• Adelfo B. Calibuso: 13 affected properties – On December 6, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $25,000 for alleged violations.
• Frank E. Carey: 2 affected properties – On December 7, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,000 for alleged violations.
• William Evans: 1 affected property – On December 7, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $21,000 for alleged violations.
• Cathedral Court, LLC: 1 affected property – On November 18, 2011, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendant agreed to a penalty of $50,000.
• GGEL Enterprises, Inc.: 12 affected properties – On December 16, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $35,000 for alleged violations.
• Marilynne Dos Reis: 1 affected property – On December 28, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $33,000 for alleged violations.
• Zainab Ariyibi: 1 affected property – On December 28, 2011, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,000 for alleged violations.
• John C. Dean: 2 affected properties – On January 9, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $30,000 for alleged violations.
• Lennox M. Douglas: 1 affected property – On January 9, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $31,500 for alleged violations.
• Tremaine Tazewell: 3 affected properties – On January 9, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,000 for alleged violations.
• Azwah Browne: 4 affected properties – On January 9, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.
• Angela Weeks-Lee: 2 affected properties – On January 9, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $20,000 for alleged violations.
• Mary A. Wright: 3 affected properties – On January 6, 2012, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendant agreed to a penalty of $10,000.
• Berry & Company, Inc.: 2 affected properties – On January 26, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.
• 901 Associates, LLC and Magnolia Properties Management, LLC: 1 affected property – On February 6, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking a combined $37,000 for alleged violations.
• Demetrios N. Karvounis: 4 affected properties – On January 31, 2012, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendant agreed to a penalty of $5,000.
• Sujana Umagiliya: 3 affected properties – On February 17, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.
• Kingsley Chineme: 15 affected properties – On February 17, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.
• Dennis T. Taylor and Parris D. Taylor: 1 affected property – On February 23, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $35,000 for alleged violations.
• Obinna Ogbu & Helen Ogbu: 1 affected property – On February 23, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.
• Lioudmila Sokolova and Leonid Fastovsky: 3 affected properties – On February 23, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.
• Maurice Garland: 2 affected properties – On February 23, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.
• Nega Marufe, Yordanos Seyoum and Nile Properties, LLC: 3 affected properties – On February 23, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $15,000 for alleged violations.
• Shama, LLC: 2 affected properties – On February 28, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $16,500 for alleged violations.
• 401 Gwynn Ave, LLC, Two for Something, Inc. and Troy Brown: 3 affected properties – On February 28, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking a combined $13,000 for alleged violations.
• Maryland Restoration Group, LLC: 5 affected properties – On March 9, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $40,000 for alleged violations.
• Ozell Cooper: 3 affected properties – On March 9, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $33,000 for alleged violations.
• Fidelity Real Estate Corp.: 7 affected properties – On March 9, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $40,000 for alleged violations.
• Edward F. Kehl, III and Mark S. Dirzuweit: 2 affected properties – On March 9, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $28,000 for alleged violations.
• Chukuemeka Okoro: 12 affected properties – On March 14, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $37,500 for alleged violations
• Shanna Hamilton: 10 affected properties – On March 14, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $50,000 for alleged violations.
• Subhi Badra and Badra Properties, LLC: 23 affected properties – On March 14, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking a combined $15,800 for alleged violations.
• Nader Mondanipour: 4 affected properties – On March 14, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $20,500 for alleged violations.
• Ruth Wickham: 5 affected properties – On February 28, 2012, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendant agreed to a penalty of $5,000. Penalty has been paid in full.
• Moges Ayele, Ayalnesh Ayele, Girma Retta, Zewsitu Retta, M&A Properties, LLC and United General Business, LLC: 5 affected properties – On March 9, 2012, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations. The defendants agreed to a penalty of $18,000.
• Mack James: 4 affected properties – On March 27, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $25,000 for alleged violations.
• Zain Sesay and Abu Sesay: 18 affected properties – On March 28, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $45,000 for alleged violations.
• James S. McCarthy and Stacey Ishman: 1 affected property – On April 2, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $33,000 for alleged violations.
• 18-20 S. Broadway, LLC: 2 affected properties – On April 2, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $22,500 for alleged violations.
• Johnny Barnes, Jr.: 2 affected properties – On April 4, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $30,000 for alleged violations.
• Thomasina Byrd: 8 affected properties – On April 4, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $27,500 for alleged violations.
• Penny Greenwood: 18 affected properties – On April 12, 2012, MDE issued an Administrative Complaint, Order and Penalty requiring compliance with Maryland’s lead law and seeking $43,500 for alleged violations.

You can read the entire press release here, which includes violations against property owners in other cities and counties in Maryland.

Support House Bill 977

Bill Information:  House Bill 977 would require that an activity that disturbs more than 3 square feet of painted surface in a specified building, the property owner would have to pass a test for lead-contaminated dust. It also authorizes MDE to administer a renovation, repair, and painting program consistent with federal regulations. In addition, MDE would be required to seek authorization to enforce the Environmental Protection Agency’s Renovation, Repair and Painting Rule on or before March 31, 2013.

Why This Is Important:  Lead dust is not only a danger to the people who live in the home — it is a danger to the immediate neighbors, and any children who are in close proximity to renovation/repair work that would disturb the underlying lead paint.

What You Should Do:  Contact your Maryland legislators and ask them to support this important bill.

Support House Bill 472/Senate Bill 873

Bill Information:  House Bill 472/Senate Bill 873 would establish a Lead Poisoning Compensation Fund, which would require Maryland rental property owners to pay into the fund.  The fees could range from $50 to $500 per unit.  The Fund would be required to cover property owners for claims arising from lead paint lawsuits.

Why This Is Important:  In light of Baltimore City’s blatant refusal to compensate victims of lead poisoning by the Housing Authority of Baltimore City (HABC), there is an obvious need to take care of these victims — to take care of their immediate and future needs.

What You Should Do:  Contact your Maryland legislators and ask them to support this important bill.

Link Roundup

Oh boo hoo!  Maryland property managers think it’s too much to pay what amounts to $4 a month for lead paint insurance.  Seems to me it’s cheaper than a multi-million dollar lawsuit.

Ohio’s Attorney General designated part of the mortgage lawsuit settlement towards demolishing vacants.  Some say this money should go to homeowners — what do you think?

A California State Senator has introduced a bill that would prohibit landlords in that state from requiring tenants to pay rent via online methods only.

Mayor Rawlings-Blake announces “Get Fresh Lexington” — an initiative to improve healthy food choices at Lexington Market.  Hopefully she also has a strategy for making Lexington Market a safe, pleasant place to shop.  Nobody should have to shove through a sea of junkies, drug dealers, and panhandlers in order to visit the market.  Also, this should be implemented at all of our public markets.

Interesting article about Milwaukee — Property owners as stewards of a community’s vision.  Property owners can be a catalyst and driving force behind the preservation and renewal of neighborhoods.

Cleveland advocates propose an interesting idea to solving the vacant problem:  offer vacant homes to refugees.

Prince George’s County is dealing with a decline in federal funding for foreclosure prevention and community development programs.

 

Housing Authority Assets to be Seized

WBAL and the Daily Record are both reporting that certain assets belonging to the Baltimore Housing Authority are to be seized by the sherrif’s department in order to pay for lead paint judgements the City has refused to pay.

The assets include vehicles and computers, which will be auctioned off.  Evan Goldman, the attorney who had the foresight to go after non-federally owned assets, said “It’s going to be a public auction advertised in the paper, and anyone can go there and bid on a non-federal vehicle and all the funds are going to be used to pay the judgment.”

By the way, in case you were wondering — taxpayers have been paying the tab for HABC’s legal fees.

Investors Association Wants to Roll Back Lead Regulations in Maryland

From an email I just received from the Baltimore Real Estate Investors Association:

Before October 24, 2011, Landlords were immune from lawsuits if they were in compliance with Lead Poisoning Prevention Program… That has all changed!

Come to Baltimore REIA’s General Meeting for an open discussion with our Professional Panel about the various issues surrounding the Maryland Court of Appeals recent ruling.
Don’t Miss this Important Meeting!

Our panel will include a representative from the insurance industry, a lead paint inspector and a representative from the Property Owners Association of Greater Baltimore, the leader in the legislative effort to address this recent change in the law.

Please send money to help the Association of Rental Property Owners address this issue. Funds are needed to cover the legal fees and experts necessary to get legislation through the Maryland General Assembly. The State Legislative Session begins in January, just over a month from now, so we need to act quickly.

Folks, email your legislators NOW and tell them we can’t allow bad property owners to roll back lead regulations in Maryland.  Lead paint poisoning affects an estimated 310,000 children under the age of 6.  We cannot allow even one more of Maryland’s children to suffer the same fate — possibly *your* children.  The Maryland Court of Appeals stood up for Maryland’s children in October — will you stand up for Maryland’s children now?

Also, you can email the investors association and let them know that shoddy property management is not welcome in Baltimore.  Their email address is baltimorereia@gmail.com.

Link Roundup

Camden Crossing development lots go into foreclosure, hit the auction block in December, the Baltimore Business Journal reports. Backstory on Camden Crossing — the environmental issues are truly frightening. (Link opens a PDF)

Also in the BBJ, Baltimore City median home prices fell in 2011 to $82,000. Houses are selling faster, but they’re selling cheaper — a sign that desperate sellers are ready to flee?

Federal funding for rehabbing vacants – should it go to investors, nonprofits, or homeowners?

NYT Opinion piece — The Death of the Fringe Suburb

Baltimore Sun Op-Ed - Overdue Justice for Lead Paint Victims

Vacant houses as art, in Cleveland.

 

MDE Issues Enforcement Actions Against 18 City Property Owners for Lead Paint Violations

From the Maryland Department of the Environment:

MDE’s Lead Poisoning Prevention Program serves as the coordinating agency of statewide efforts to eliminate childhood lead poisoning. Under the 1994 “Reduction of Lead Risk in Housing Law,” MDE assures compliance with mandatory requirements for lead risk reduction in rental units built before 1950, maintains a statewide listing of registered and inspected units, and provides blood lead surveillance through a registry of test results of all children tested in Maryland. The following actions were for properties alleged to be out of compliance with lead risk reduction standards:

• Samuel Brannon Jr., 1 affected property, $16,500 for alleged violations.
• Permy Thuha, 1 affected property, $32,500 for alleged violations.
• Aeron Alberti and Gregory Wolf, 7 affected properties, $18,000 for alleged violations.
• Cathedral Court, LLC, 1 affected property, $300,000 for alleged violations.
• Albert R. Peltier, Oliver Robinson, and Gerald H. Mathis, 3 affected properties, $38,000 for alleged violations.
• Zenith Properties, LLC, 10 affected properties, $17,500 for alleged violations.
• Kevin Richards and Vivian Richards, 3 affected properties, $40,000 for alleged violations.
• Eleanor Schieferstein, 7 affected properties, $33,000 for alleged violations.
• Gwendolyn L. Noble and Jay Noble, 1 affected property, $35,000 for alleged violations.
• Anthony Francis, 1 affected property, $22,000 for alleged violations.
• Bonnie A. Engelman and Ashley Blair Engelman, 1 affected property, $16,500 for alleged violations.
• Nicholas G. Lodowski, 15 affected properties, $9,000. The penalty has been paid.

In addition, the Lead Poisoning Prevention Program accredits and enforces performance standards for inspectors and contractors working in lead hazard reduction. The following actions are  for contractors and inspectors alleged to be out of compliance with state regulations:

A.S.B. Enterprises, LLC and W A Low Lead Inspection

Good News for Anti-Lead Paint Poisoning Advocates

Just in time for National Lead Poisoning Prevention Week, the Maryland Court of Appeals struck down a provision giving landlords immunity in lead paint cases as unconstitutional.  The Maryland Daily Record reports the provision was “inadequate and unreasonable”, as it offered children harmed by lead paint a paltry “settlement” of $17,000.

Lead paint poisoning costs taxpayers billions of dollars every year, due to medical costs and loss of income.  To put this in perspective, in 2003, it was estimated that the cost to taxpayers in New York was close to $78 million (link opens a PDF)  in lost tax dollars, due to the children’s loss of potential income. This doesn’t take into account the medical or associated treatment costs.

For more information on lead laws in Maryland, please visit the Maryland Department of the Environment.  Let’s work together to keep Baltimore’s children safe from lead paint poisoning!

 

Link Roundup

Lead poisoning cases are down in Maryland, however — the number of cases linked to homes not covered by Maryland law is on the rise.  Sounds like it’s time to amend the law.

Speaking of lead paint — the venerable Kennedy Krieger Institute is being sued in a class-action lawsuit filed by Baltimore attorney Billy Murphy.  In the lawsuit, Murphy alleges Kennedy Krieger exposed poor black children to dangerous levels of lead.

Not only is Paul Graziano in the hot seat for refusing to pay settlements of lead paint cases, Senator Charles Grassley of Iowa would also like to know how Baltimore’s Housing Authority spent $67 million in federal stimulus money.  We’d like to know the answer to that, too.

Jamie Smith Hopkins reports the number of vacant homes in Maryland has increased by 35%, in Baltimore alone, the number rose by 10%.  Jamie also wrote a post about rents in Baltimore — and a number of commenters wondered if the high rents charged by landlords who own subsidized housing is skewing the average rent figures — In 2009, the Cato Institute brought this up in an article on federally subsidized housing:

Some landlords, in fact, specialize in Section 8, becoming experts at the complex regulations, and they skillfully work the system to their financial advantage. With Section 8 tenants, landlords don’t have to worry about nonpayment, because the government deposits its share of the rent—the lion’s share—directly into the property owner’s bank account. Moreover, for many buildings the government-paid rent is more than the market rent would be. The reason is that the program allows voucher holders to pay up to the average rent in their entire metropolitan area, and landlords in lower-income neighborhoods, where rents are below average, simply charge voucher holders exactly that average rent.

You can read the entire Cato Institute article here.