Rhode Island AG Sues 4 Landlords Over Failure to Follow State Lead Hazard Laws

Rhode Island’s Attorney General is suing four landlords in the Providence area over noncompliance with the state’s lead prevention laws.

According to Attorney General Peter Neronha, significant lead hazards were found on the Providence property sites belonging to the landlords.

In addition to seeking court orders for the lead hazards to be fixed, the lawsuit is asking that the landlords provide alternative housing for the families during the period the lead hazards are fixed. Additionally, the landlords face penalties of up to $5,000 each day the landlords remain non-compliant with the state’s lead laws.

According to the state, the landlords received two 30-day notices of violation. Despite these notices, the landlords did not address the lead safety hazards. Officials detail that children continued to occupy the premises even after the landlords were notified of the issues.

Lead exposure is significantly harmful to children because it can cause lasting health issues. These issues include damage to the brain and nervous system which can lead to developmental delays, learning and behavior issues, and even affect proper speech development.

Under state law, landlords must give tenants a copy of the state's Lead Hazard Mitigation Act. Under this law, insurance companies are required to provide lead paint liability coverage to the owners of residential properties built before 1978. The law also requires that landlords of three or more units take a three-hour lead hazard awareness class. Other measures under the law require landlords to address any lead hazards on the property and fix them. Landlords must also comply with lead safety maintenance practices and obtain the necessary certificate from a proper inspector.

This lawsuit is not the first of its kind in Rhode Island. Over the past couple of years, there has been a growing number of landlords being the target of lawsuits aiming to correct lead hazard violations. Attorney General Neronha explains that every year, hundreds of children suffer from short and long-term health issues because of lead poisoning. Neronha places much of the blame on negligent landlords, explaining, "This problem persists because of the failure of landlords to do what they are required by law to do: Remediate lead hazards in the apartments they rent. Prioritizing profits over the health of children requires a strong response, and that is why we continue to take action against any and all landlords who endanger children in this way."

In this latest lawsuit, the four individuals named are ordinary mom-and-pop operations. They include individual operators Davian Sanchez who owns a six-unit apartment building and Francis Rolden who owns a two-unit multi-family home. The lawsuit also names Palma Property Manager Corp. owners Persio Quiñonez and Consuelo Nunez who own a six-unit commercial apartment building and Investment Inc. owner Carlos Tellez who owns a five-unit multi-family home.

In previous lawsuits, the office of the Attorney General has targeted larger-scale operations that were either owned by real estate investments trusts or banks. Although these defendants are more established, owning greater assets, they’ve still fallen short of meeting the state’s lead hazard laws.