Michael Moshe Shimshoni, Violation Of 15 U.S.C. 2615(b), Florida 2009

St. Petersburg, FL – A Florida landlord has been held accountable for failing to disclose potential lead 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 to a charge stemming from a property he managed at 1075 17th Avenue North in St. Petersburg. The case highlights the ongoing efforts of the Environmental Protection Agency (EPA) to enforce regulations surrounding lead-based paint, a known health risk, particularly for children and pregnant women.

According to court documents, Shimshoni, operating through Pinellas Properties, Inc., and Affordable Realty and Property Management, Inc., leased units at the property – designated as “target housing” under the Toxic Substances Control Act. Federal regulations mandate that landlords provide prospective tenants with specific information *before* a lease is signed. This includes a Lead Warning Statement, a disclosure of any known lead-based paint hazards, a list of related records, and a copy of an EPA-approved pamphlet, “Protect Your Family From Lead In Your Home.”

The EPA’s investigation revealed that on or about April 1, 2009, Shimshoni knowingly failed to provide the required lead hazard information pamphlet to a tenant at the St. Petersburg property. This omission constitutes a direct violation of 15 U.S.C. 2615(b), part of the Toxic Substances Control Act and the Lead Hazard Reduction Act. The failure to disclose potential lead hazards left the tenant unaware of possible risks within their living environment.

“The dangers associated with lead paint are well established, and every person deserves to know whether his or her residence is contaminated,” stated Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in Florida, at the time of the plea. “The defendant’s disregard for his tenants’ health cannot – and will not – be tolerated.” The investigation was spearheaded by the EPA Criminal Investigations Division, with prosecution handled by Assistant United States Attorney Matthew J. Mueller.

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Key Facts

Defendant: Michael Moshe Shimshoni
Location: St. Petersburg, Florida
Charge: Violation of the Toxic Substances Control Act (15 U.S.C. 2615(b)) – Failure to disclose lead-based paint hazards.
Plea Date: August 27, 2014
Sentence: $2,500 fine and $50,000 in restitution to the EPA for lead-contaminated soil removal and replacement.
Restitution: Funds covered the costs incurred by the EPA to remediate lead contamination at 1075 17th Avenue North.

Shimshoni faced a maximum penalty of one year in federal prison and a $25,000 fine *per day* of the violation. However, a plea agreement resulted in a sentence of a $2,500 fine and a significant $50,000 restitution order. This restitution covered the expenses the EPA incurred in removing and replacing lead-contaminated soil at the affected property. The case serves as a warning to landlords and property managers that failing to comply with lead disclosure regulations can result in both criminal penalties and financial repercussions.

The EPA continues to prioritize enforcement of lead-based paint regulations, emphasizing the importance of protecting public health, especially the health of children. Lead exposure can cause serious and irreversible health problems, including developmental delays, learning disabilities, and behavioral issues. Landlords are legally and ethically obligated to provide tenants with the information they need to make informed decisions about their housing and protect their families from these dangers.

Source: EPA ECHO Enforcement Case Database

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