City says there is no evidence of danger
The federal Environmental Protection Agency has cited Community Builders Inc. of Boston and more than 20 associated property owners in 11 communities across the state and Connecticut for more than 800 violations for failing to disclose whether or not lead paint is present on their properties.
Community Builders operates mixed-income housing and manages nearly 100 developments that contain more than 8,000 units throughout the Eastern seaboard.
Two of these properties are in Worcester. One is Plumley Village East, the housing project located off Summer Street that includes 430 units in 16 buildings. The other is the recently restored Odd Fellows Building at 674 Main St.
The EPA says Community Builders is in violation of the federal Lead Disclosure Rule for failing to disclose information about lead paint to tenants who leased apartments between 2003 and 2006. Each violation carries a fine of more than $10,000, leaving the company subject to a multi-million dollar penalty.
“They were initially inspected for compliance back in 2002,” says Jeff Norcross, an EPA compliant inspector. “That inspection was based entirely on a housing project that they manage in Boston. Because there were some violations, the scope of our investigation was broadened and we asked for information about other properties, including the ones in Worcester.”
Information made available to EPA does not indicate that any children were poisoned by lead as a result of the violations. However, some of the properties listed in the findings indicate that lead-based paint is contained in the buildings.
According to EPA officials, the properties located within Plumley Village include 11 Prospect St., 10, 40, 50 and 60 Everett Gaylord Blvd., as well as 16, 29 and 35 Laurel St.
In a memo issued to the Worcester City Council on July 15, Assistant City Manager Julie Jacobson outlined some of the details of the EPA’s complaint. “Past inspections at apartments and common areas at Plumley Village have not yielded evidence of lead paint,” the memo stated.
Officials say the EPA has “no information indicating known lead-based paint in these buildings.” They also note that the Odd Fellows Building, however, has been cited for “known lead-based paint.”
The city, however, says otherwise.
“Letters of Full Deleading Compliance were issued upon completion of the Odd Fellows project in March 2004, documenting that the common area and residential units met or exceeded Massachusetts and federal guidelines governing the abatement of lead-based paint hazards,” Jacobson states.
“The city also regularly evaluates the Odd Fellows Building for income and rent certifications as well as Housing Quality Standards and the last HQS visual inspection found no loose or peeling paint in sample units.”
In describing the EPA’s action, Norcross says, “What we did was we issued a subpoena, which is a written request for documents. We received seven boxes of documents from them and reviewed them. We asked for leases, disclosure forms and any information related to lead-based paint. What we got back we reviewed and where we found problems we referenced them in the complaint.”
Community Builders has 30 days after receiving the EPA complaint to answer it. “After the answer is filed it’s an administrative proceeding,” Norcross says. “If the case doesn’t settle, it will lead to a trial-like hearing.”
In a statement issued to Worcester Magazine, Community Builders President and CEO Patrick Clancy commented on the violation, stating: “The requirements in question relate to technical compliance with tenant disclosure requirements, and do not relate to lead safety or in any way alleged lead hazards. Since 2006, we have had accurate disclosure forms prepared for each property by a lead paint compliance specialist and issued the correct forms to residents as required.
“Although the current EPA complaint recites the agency’s authority to seek penalties of up to $11,000 per citation, we are unaware of any case of this nature resulting in a settlement or penalty of that magnitude, particularly with a non-profit, mission-oriented organization that has cooperated fully.”
Clancy also stated that the EPA complaint covers a period of three years, and “in some cases, paperwork errors relating to a single tenant lease have been counted as many as four times by the EPA. We are optimistic that our compliance efforts and cooperation will help resolve the matter quickly.” o
