Gerald Wojtalewicz, Lead Disclosure Violation, Nebraska 2019

Omaha, NE – Gerald Wojtalewicz has been penalized for failing to adhere to federal regulations concerning lead-based paint disclosures, a violation that puts tenants at risk of serious health consequences. The case, investigated by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, highlights a continued struggle to enforce rules designed to protect residents from the dangers of lead poisoning.

According to court documents, Wojtalewicz owned a rental property in Omaha between November 2012 and December 2015 that contained lead-based paint. Federal law mandates that landlords provide prospective tenants with specific information about lead-based paint hazards, including a disclosure form and an EPA-approved pamphlet detailing the risks. Investigators determined Wojtalewicz knowingly failed to provide these crucial warnings to his tenant, potentially exposing them – and possibly their family – to harmful lead levels.

The Residential Lead-Based Paint Hazard Reduction Act of 1992 was enacted to address the pervasive danger of lead poisoning, particularly in children. Lead exposure can cause a range of health problems, including developmental delays, learning difficulties, and even neurological damage. While lead paint was banned for residential use in 1978, millions of older homes still contain it, making proper disclosure and hazard mitigation essential.

The EPA’s investigation uncovered a clear pattern of non-compliance. Wojtalewicz, as the property owner, had a legal responsibility to ensure the tenant was fully informed about the presence of lead-based paint and the associated risks. By failing to do so, he allegedly prioritized profit over the health and safety of his renter, a serious offense under federal law. The case underscores the EPA’s commitment to pursuing criminal enforcement against those who deliberately disregard these vital regulations.

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Penalties and Legal Basis

On October 1, 2018, Wojtalewicz was ordered to pay a criminal fine of $7,500 as a result of his conviction. The violation specifically falls under the Toxic Substances Control Act, specifically 42 U.S.C. 4852d, which details requirements for lead-based paint disclosures in rental properties. This law requires landlords to provide tenants with lead hazard information before they are obligated under a lease.

Key Facts

Defendant: Gerald Wojtalewicz
Location: Omaha, Nebraska
Years of Violation: November 2012 – December 2015
Statute Violated: Toxic Substances Control Act (42 U.S.C. 4852d) & Residential Lead-Based Paint Hazard Reduction Act of 1992
Penalty: $7,500 criminal fine
Nature of Crime: Failure to disclose lead-based paint hazards to tenant

GrimyTimes will continue to follow this case and report on any further developments. Readers are encouraged to report potential violations of environmental regulations to the EPA’s enforcement hotline.

Source: EPA ECHO Enforcement Case Database

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