NYC Gazette

Damian Williams, the United States Attorney for the Southern District of New York, and Lisa F. Garcia, the Regional Administrator for Region 2 of the U.S. Environmental Protection Agency (EPA), announced today that the United States filed a civil lawsuit against LEGACY BUILDERS/DEVELOPERS CORP. (LEGACY) alleging violations of the Toxic Substances Control Act (TSCA) and EPA’s Renovation, Repair, and Painting Rule (RRP Rule). The U.S. simultaneously entered into a Consent Decree resolving that lawsuit. The Consent Decree includes a $168,000 civil penalty and requires LEGACY to take steps to mitigate potential harms caused by its conduct.

U.S. Attorney Damian Williams stated: “Legacy Builders failed to follow lead-safe work regulations designed to protect building occupants—including children—and workers from toxic lead paint dust generated during apartment renovations. This lawsuit is another example of our commitment to ensure that renovation firms are held responsible for violating these important safety rules.”

EPA Regional Administrator Lisa F. Garcia commented: “Legacy Builders/Developers Corp. is being held accountable for not complying with rules that are designed to protect residents as well as workers and are a key part of protecting public health. The company’s activities put tenants, the public, and its employees at risk of exposure to lead dust hazards. Exposure to lead-based paint can have serious health impacts and remains a common source of lead poisoning in children. EPA will continue to be vigilant and ensure we reduce all risk of lead exposure.”

TSCA and the RRP Rule impose safety requirements to minimize the risk that young children, tenants, and renovation workers are exposed to toxic lead paint dust during renovations of residential buildings. Exposure to lead dust is the most common cause of lead poisoning, which can lead to severe, irreversible health problems, particularly in children. Lead poisoning can affect children’s brains and developing nervous systems, causing reduced IQ, learning disabilities, and behavioral problems.

As alleged in the U.S. Complaint filed in district court:

LEGACY performed renovation work at hundreds of residential apartments across five building sites in Manhattan between 2016 and 2020. In September 2017, EPA inspected a LEGACY worksite and found that LEGACY had failed to contain lead dust. This was consistent with inspections in April and August 2017 by the New York City Department of Health and Mental Hygiene at the same LEGACY worksite where inspectors observed dust and debris in hallways, common areas, and vacant apartments being renovated; they also collected dust wipe samples containing lead exceeding federal standards.

Following further investigation, EPA determined that LEGACY lacked required RRP Rule certifications; at multiple worksites failed to train its workers on lead-safe work practices; failed to follow such practices; failed to inform building owners and occupants about risks during renovation; and failed to maintain records necessary for compliance demonstration with lead-safe work practice rules. When informed of these issues by EPA, LEGACY provided inaccurate information regarding its RRP Rule compliance.

In the Consent Decree, LEGACY admits responsibility for:

- Performing renovation work at more than one hundred residential apartments across five different building sites in Manhattan between 2016-2020.

- Failing on numerous occasions at these projects:

- To provide on-the-job lead safety training.

- To adequately contain construction dust including excess levels of lead.

- To conduct required post-renovation cleaning verification.

- To post signs clearly defining work areas.

- To provide a lead-hazard information pamphlet before commencing work.

- To maintain documentation showing compliance with safe practices.

Additionally, between June 2016-August 2017:

- Performed renovation without firm certification or certified renovator oversight.

Pursuant to the Consent Decree:

- Pay a $168,000 penalty based on documented inability for full liability payment.

- Comply with safe practices under RRP Rule requirements going forward.

- Conduct education sessions for residents on hazards/minimizing exposures.

- Offer training for maintenance staff on reduction/common issues using safe practices.

Failure results in significant additional penalties.

The Consent Decree will be lodged with District Court for at least 30 days before submission for approval allowing public notice/comment opportunity.

Mr. Williams thanked attorneys/enforcement staff at EPA Region 2.

This case handled by Environmental Protection Unit Office’s Civil Division: Assistant U.S Attorneys Ilan Stein/Samuel Dolinger leading it.