St. Petersburg, FL – A Florida landlord has been penalized for failing to disclose known lead-based paint hazards to a tenant, a violation of federal law designed to protect vulnerable populations. Michael Moshe Shimshoni, 56, of Tierra Verde, pleaded guilty in August 2014 and was sentenced in November of the same year, bringing a close to a case investigated by the Environmental Protection Agency’s (EPA) Criminal Investigation Division.
According to court documents, Shimshoni, operating through companies including Pinellas Properties, Inc., and Affordable Realty and Property Management, Inc., leased properties at 1075 17th Avenue North in St. Petersburg. These units qualified as “target housing” under the Toxic Substances Control Act, meaning they were built before 1978 and potentially contained lead-based paint.
Federal regulations mandate that before a lease is signed, landlords provide tenants with a Lead Warning Statement, disclosure of any known lead-based paint hazards, a list of any relevant records, and – crucially – a federally approved pamphlet detailing the dangers of lead poisoning and preventative measures. Shimshoni failed to provide this pamphlet to a tenant at the aforementioned property on April 1, 2009.
The EPA emphasizes the severe health risks associated with lead exposure, particularly for young children and pregnant women. Lead from paint chips and dust can cause developmental problems, neurological damage, and other serious health issues. The agency’s Special Agent in Charge, Maureen O’Mara, stated that Shimshoni’s disregard for tenant health “cannot – and will not – be tolerated.”
Shimshoni was initially charged on December 12, 2013, with violating 15 U.S.C. 2615(b) of the Toxic Substances Control Act. While facing a potential maximum penalty of one year in federal prison and a $25,000 fine *per day* of the violation, Shimshoni ultimately received a $2,500 fine and was ordered to pay $50,000 in restitution to the EPA. This restitution covered the costs incurred by the agency to remediate lead-contaminated soil at the property.
Key Facts
- Defendant: Michael Moshe Shimshoni
- Location: St. Petersburg, Florida
- Crime: Failure to disclose lead-based paint hazards
- Statute Violated: 15 U.S.C. 2615(b) – Toxic Substances Control Act
- Penalties: $2,500 fine and $50,000 restitution
- Date of Plea: August 27, 2014
- Date of Sentencing: November 13, 2014
Assistant United States Attorney Matthew J. Mueller prosecuted the case, highlighting the federal government’s commitment to enforcing environmental regulations and protecting public health. This case serves as a reminder to landlords of their legal obligations regarding lead-based paint disclosures and the potential consequences of non-compliance.
Source: EPA ECHO Enforcement Case Database
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