EPA Enforcement Helps Protect Children in New Jersey from Lead Paint Hazards | US EPA

October is Children’s Health Month and EPA is taking action to address the major threat that lead-based paint still poses to kids

October 5, 2023

NEW YORK – Since the 1970s, the United States has made tremendous progress in lowering children’s blood lead levels. Lead exposure, particularly at higher doses, continues to pose a significant health and safety threat to children, preventing them from reaching the fullest potential of their health, their intellect, and their future. No safe blood lead level in children has been identified.

“If you  rent or sell a home or apartment the rule is clear — you must disclose its lead-based paint history. Notification of potential and actual lead hazards by landlords to tenants is one of the easiest and most effective ways to reduce dangerous lead exposure,” said EPA Regional Administrator Lisa F. Garcia. “Tenants must have the ability to make informed decisions, especially when it comes to protecting their children’s health.”

Earlier this year, EPA completed a settlement with the Housing Authority of the City of Passaic (HACP) for alleged violations of lead-based paint regulations under the federal Toxic Substances Control Act. EPA determined that the housing authority was aware of the presence of lead-based paint in some of its properties but failed to notify tenants of available information and the potential hazards of living with lead-based paint, as required by the federal Lead Disclosure Rule. Compliance with these regulations is vital considering that many historically overburdened communities suffer from higher rates of childhood lead poisoning.

EPA is committed to ensuring that public housing complies with the federal lead-based paint regulations as reflected by this case from earlier in 2023 and including two similar more recent lead based paint enforcement cases against the Buffalo Municipal Housing Authority and the Syracuse Housing Authority in NY, which resulted in remittable civil penalty amounts of $252,000 by the Buffalo Municipal Housing Authority and $171,630 by the Syracuse Housing Authority to be paid if EPA determines that the housing authorities have not taken the specific and comprehensive steps to prevent future violations at the properties identified in those settlement agreements.

Under the terms of the settlement with HACP, the housing authority has agreed to pay a remittable civil penalty in the amount of $200,000. This penalty will only be paid if EPA determines that the housing authority has not taken the specific and comprehensive steps to prevent future violations at properties identified in the settlement agreement.

As part of this enforcement effort, EPA inspected Vreeland Village and Alfred Speer Village in the city of Passaic, NJ.

The specific violations of the Lead Disclosure Rule alleged by EPA include failure to:

• Include in the lease  a statement disclosing the presence of (or include in lease a statement disclosing the presence of) or indicate no knowledge any lead-based paint or lead-based paint hazards in the housing being leased
• Include in a lease  a list of all available records and reports pertaining to the presence of lead-based paint or lead-based paint hazards.
• Include in lease a statement by lessee affirming receipt of information of presence of lead-based paint, list of reports or records of lead-based paint and the lead-based paint information pamphlet.
• Include signatures of lessors, agents and lessees certifying the accuracy of their statements regarding lead-based paint and/or lead-based paint hazards.
• Provide to lessee an EPA-approved lead hazard information pamphlet.
• Include Lead Warning Statement as an attachment to or within the contract to lease.
• Establish or maintain records or make records available for copying.

Work done on residential properties constructed prior to 1978 must be done by certified and trained staff using the lead-safe work practices as required by the Toxic Substances Control Act’s lead paint Renovation, Repair and Painting (RRP) Rule to prevent exposure to lead dust and debris. EPA also determined that uncertified and untrained staff conducted renovation work (window replacements) in units at both Villages and failed to establish or maintain records required by the Rule.

As part of the settlement, HACP developed and has begun implementing EPA-approved plans to ensure compliance with the federal lead-based paint regulations at the Villages.  HACP obtained Firm Certification and trained workers who are now certified renovators. The settlement sets out additional injunctive relief that must be completed for remittance of the penalty.

Lead-contaminated dust from chipped or peeling lead-based paint in homes built prior to 1978 is one of the most common causes of elevated blood lead levels in children. Infants and children are especially vulnerable to lead paint exposure because their growing bodies absorb more lead than adults do, and their brains and nervous systems are more sensitive to the damaging effects of lead. They can be exposed from multiple sources and may experience irreversible and lifelong health effects. Unborn children are also vulnerable to these effects. Lead dust can be generated when lead-based paint deteriorates or is disturbed.

For more information about lead paint and federal regulations about it, please visit:

October is National Children’s Health Month. Children are often more vulnerable to pollutants than adults due to differences in behavior and biology, and these differences can lead to greater exposure and/or unique windows of susceptibility.

Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.

23-093