Rutland landlord admits in court that residential properties violate lead law - vtdigger.org
Updated at 6:48 p.m.
A Rutland landlord has admitted to violating the state’s lead law after two of his child tenants were found to have lead poisoning.
The landlord, John Ruggiero, acknowledged the civil violation in a court settlement with the state, according to Rutland Superior Court records.
Superior Judge Helen Toor approved the settlement agreement on April 18 and ordered Ruggiero to undertake several actions, including immediately bringing several rental properties into compliance with the lead law and not renting any noncompliant vacant units until they comply.
Ruggiero was also ordered to pay the state a civil penalty of $3,000. He could be liable for an additional $7,000 if he does not follow the court orders.
The agreement resolves a lawsuit that the Vermont Attorney General’s Office filed on April 5 against Ruggiero and 13 limited liability companies he created to manage his rental properties. They were accused of violating the state’s lead law and consumer protection law.
Ruggiero owns more than 30 rental properties in Rutland, and nine need to come into compliance with the lead law, the office said in a press release on Monday.
The lawsuit was filed after the Vermont Department of Health received complaints of two Rutland children with elevated lead levels in their blood living in Ruggiero’s apartments. One child lived at 41 Park St. and the other at 13 Forest St., according to court documents obtained by VTDigger.
Health department inspectors reported finding lead hazards at both apartments, such as deteriorated lead-based paint in interior and exterior surfaces.
Some dust samples from 41 Park St. reportedly showed a lead presence beyond 6,000 micrograms per square foot — significantly above the U.S. Environmental Protection Agency’s threshold of 10 micrograms per square foot for floors and 400 micrograms per square foot for windowsills. A sample from some construction debris in the bathtub at 13 Forest St. showed 595 micrograms per square foot.
It wasn’t immediately clear how the children are faring or where they are living.
In the state’s complaint, Assistant Attorney General Justin Kolber said Ruggiero failed to stabilize deteriorated paint at numerous other rental properties. An inspector said properties such as 6 Hopkins St. and 51 Williams St. have deteriorated conditions since 2019.
Vermont’s lead law requires owners of rental housing and child care facilities — built before 1978 — to make sure lead paint on their property is in good condition so that it does not cause lead poisoning.
Ruggiero allegedly also failed to file Vermont’s required annual statement for 13 of his rental properties, showing they were in compliance with the lead law.
“These violations are made worse given the extensive deteriorated paint conditions and the fact that two child tenants have lead poisoning at the properties,” Kolber wrote.
Health Commissioner Mark Levine emphasized that lead is toxic, especially to children. “There is no safe level of lead in the body,” he said in the press release. “It can slow down a child’s growth, impair their development and learning, and cause behavior problems.”
Since dust from lead-based paint is the No. 1 cause of lead poisoning, Levine said, landlords can prevent lead poisoning by complying with state and federal regulations. These include cleaning up lead dust and repairing chipping or peeling paint using lead-safe methods.
“Vermont’s lead law is intended to protect all Vermonters, especially children, from the harmful effects of lead poisoning,” Attorney General TJ Donovan said in the release. “My office will continue to raise awareness about the importance of lead law compliance.”
The Vermont Consumer Protection Act prohibits unfair and deceptive acts and practices, including offering for rent or renting out housing that is noncompliant with the lead law.
Tenants can look up the compliance statement for their property on the Vermont Department of Heath website. Tenants who believe their landlords or property managers are not following the law can fill out a form online, which will go to health department investigators.
source: https://vtdigger.org/2022/04/26/rutland-landlord-admits-in-court-that-properties-are-in-violation-of-lead-laws/
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