JTA Real Estate Brokerage, Lead Poisoning, NH 2002

Manchester, NH – JTA Real Estate Brokerage and Property was sentenced to probation and fined $40,000 following a federal investigation into the lead poisoning death of a two-and-a-half-year-old boy in one of their managed apartment units. The case, brought forth by the Environmental Protection Agency (EPA), highlighted a critical failure to adhere to federal regulations regarding lead-based paint disclosures.

The investigation, initiated after health officials detected dangerously high levels of lead in the child’s system, revealed that JTA Real Estate Brokerage failed to provide the boy’s parents with the legally required disclosures concerning the presence of lead-based paint and potential lead-contaminated dust hazards within the rental property. The New Hampshire Department of Health, the Manchester Health Department, and the Centers for Disease Control and Prevention (CDC) all contributed to the initial findings that ultimately linked the child’s illness to conditions within the JTA-managed apartment.

According to court documents, JTA was initially charged on December 19, 2001, with seven counts of violating the Toxic Substances Control Act (TSCA), specifically 15 U.S.C. 2615, which prohibits knowingly violating regulations related to lead-based paint. Additionally, the company faced charges under 18 U.S.C. 1505, alleging obstruction of a proceeding before a department, agency, and committee. JTA Real Estate Brokerage ultimately entered a guilty plea to all seven counts.

Lead poisoning, particularly dangerous for young children, can cause severe developmental problems, neurological damage, and even death. Federal law mandates that landlords and property managers disclose known lead-based paint hazards to tenants with young children, allowing them to take preventative measures. The EPA’s enforcement action against JTA underscores the agency’s commitment to protecting vulnerable populations from the dangers of lead exposure.

On March 26, 2002, the court imposed a sentence of 36 months probation on JTA Real Estate Brokerage and ordered the company to pay a $40,000 federal fine. While the financial penalty and probationary period aim to address the violations, the case serves as a tragic reminder of the potentially fatal consequences of neglecting environmental safety regulations. Legal experts note that such cases often prompt increased scrutiny of property management companies and a renewed focus on tenant safety.

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Key Facts

Defendant: JTA Real Estate Brokerage and Property
State: New Hampshire
Year: 2002
Crime: Failure to disclose lead-based paint hazards, resulting in a child’s death
Statutes Violated: 15 U.S.C. 2615 (TSCA), 18 U.S.C. 1505 (Obstruction)
Penalty: 36 months probation and $40,000 federal fine
Initial determination of lead contamination made by: New Hampshire Department of Health, Manchester Health Department, and the CDC.

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Source: EPA ECHO Enforcement Case Database

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