 lead violation (by John [NY]) Oct 21, 2017 2:58 PM
 lead violation (by NE [PA]) Oct 21, 2017 3:04 PM
lead violation (by Ken [NY]) Oct 21, 2017 3:44 PM
lead violation (by John [NY]) Oct 21, 2017 11:16 PM
lead violation (by Robert J [CA]) Oct 21, 2017 11:26 PM
lead violation (by John [NY]) Oct 22, 2017 10:38 AM
lead violation (by Smokowna [MD]) Oct 22, 2017 5:16 PM
lead violation (by cjl [NY]) Oct 23, 2017 6:49 AM
lead violation (by John [NY]) Oct 23, 2017 11:10 AM
lead violation (by John [NY]) Posted on: Oct 21, 2017 2:58 PM
Message:
I see certified mail getting sent to a new LLC for an old lead violation. Assuming it was fixed (remediated so there was no peeling paint) by the old owner like 10 years ago, do the lead people have the right to do periodic inspection inside the premises without my or the tenants invitation?
Also with lead hearings I think they just have to mail a certified letter for service to the deeded owner in this case the LLC. Does anyone know their rules of service? I know lead fines and judgements are ordered attached to the deed filed in the county clerks office, but are not actual judgments, although they may function as such. I believe the county health department runs the hearings. --108.176.xxx.xxx |
lead violation (by NE [PA]) Posted on: Oct 21, 2017 3:04 PM
Message:
Idk, but wow if all that's happening. Just one more case of too much government. --50.107.xxx.xxx |
lead violation (by Ken [NY]) Posted on: Oct 21, 2017 3:44 PM
Message:
In NY state an LLC is served by mailing the document to be served to the secretary of state who in turn mails it to the address given to them by the manager or member of the LLC,if that address is no longer current it doesn't matter you still have been served so check on that.The county health dept can go in the apartment without your permission as long as they have permission from your tenant.They don't go back for no reason in my experience so probably new tenant has a child who tested positive with lead,if the tenant refused to let them in they may have grounds to take the child so no tenant will refuse and also they would intimidate the tenant to get what they want.If you have a 10 year old lead issue that was resolved it may have just been painted over which could easily be an issue again.You will have plenty of opportunity to clear up the problem before it gets to a hearing or anything like that.Current owner is responsible.Were you aware of the old lead issue,if you were I hope you filled out the lead form properly and had your tenant sign it when they moved in or that could be a problem for you.What county is this in? --72.231.xxx.xxx |
lead violation (by John [NY]) Posted on: Oct 21, 2017 11:16 PM
Message:
The apartment is empty, but I remembered the lead guy once told me they would comeback some day and check to make sure it was still good. Windows and doors move, and the friction may create peeling, or chipping paint. I just know if that's enough for them to reinspect. I see their was a lead inspection in 2013, a month before the current owner bought the place, and it must have failed, but we were never notified. That must be what they are trying to tell us. We did scrape and paint most of the building last year which really needed it. --107.77.xxx.x |
lead violation (by Robert J [CA]) Posted on: Oct 21, 2017 11:26 PM
Message:
When it comes to "government", you never know -- they will do anything to fine a landlord to fill their pockets. I was ordered to do a plumbing job. Afterwards the "Health Department", the Building and Safety Department" and the EPA showed up to inspect. I was issued a $75,000 fine for two days work exposing tenants to "lead dust".
They asked my tenant if I built a plastic barrier around my work area from floor to ceiling. My tenant said that I didn't to that. Instead I used another accepted method that's even safer.
I ended up at a hearing. They said to all parties and attorney's in the lobby, pay a $5,000 fine and we will drop your case. Most people there were facing a $37,500 fine so everyone except me paid the 5 grand. When I explained I had used another method, they said there wasn't any other way of dealing with lead paint. I had to teach them a thing or two -- being licensed and certified I made they eat crow....
You must know the City, State and Federal guide lines and exceed them.... Test, test and retest. --47.156.xx.xx |
lead violation (by John [NY]) Posted on: Oct 22, 2017 10:38 AM
Message:
That is a high fine. Was someone poisoned? --107.77.xxx.x |
lead violation (by Smokowna [MD]) Posted on: Oct 22, 2017 5:16 PM
Message:
I've been having trouble with the lead police for years. Fines, court all because of paperwork issues.
Guess what I did, I had the place tested for lead with the ray gun and poof. No lead present.
All that grief for nothing.
--74.96.xxx.xxx |
lead violation (by cjl [NY]) Posted on: Oct 23, 2017 6:49 AM
Message:
John, by law the seller must disclose if there was lead. That's what the form states (known lead or unknown lead). Trust me, they KNOW if there was a test performed. Pass or fail they now have a REPORT - which means that report goes with the property.
The Health Dept does not just "go in" they announce. Also, they don't do "random checks" and until they pass the property - no one is allowed to live in the premises. The building loses it's certificate of occupancy.
If you are wondering if the building has had or "know" that it has been tested contact the Health Dept in your county. They will have the report. If they don't have a report - then it wasn't tested. No, you don't HAVE to have it tested unless a current tenant/occupant or owner indicates that they want it tested. --209.217.xxx.xx |
lead violation (by John [NY]) Posted on: Oct 23, 2017 11:10 AM
Message:
The owner was in great Britain, and never mentioned it. Too late to sue him now four years afterward. The apartment in question was vacant by the time of the sale. --107.77.xxx.x |
Reply:
|
|