Attorney General files lead enforcement lawsuit against Providence landlord
Published on Friday, February 02, 2024
Attorney General Peter F. Neronha announced today that the Office filed a lawsuit against a landlord for noncompliance with state lead poisoning prevention laws at a rental property in Providence where significant lead hazards were found in a home with lead-poisoned children. The lawsuit is the latest in a series of 22 lead enforcement actions filed by Attorney General Neronha.
On January 5, 2024, the Office filed a complaint against Amanda Weinberger, a landlord who allegedly has failed to remediate lead violations identified by the Rhode Island Department of Health (RIDOH) after multiple children residing at her Smith Street property were poisoned over the course of two years. As alleged, investigators at RIDOH found hazardous amounts of lead throughout the property, including within the children’s bedroom, the living room, the kitchen, the dining room, the front common staircase, the rear common staircase, and in the soil surrounding the property.
The Attorney General is seeking a court order against the owner to remedy the lead hazards, provide adequate alternative housing during remediation, and substantial penalties, of up to $5,000 per day.
“One lead-poisoned child is one too many, and noncompliant landlords have faced, and will continue to face, the consequences of their neglect,” said Attorney General Neronha. “With our new hard-fought lead safety compliance laws on the books, our Office and our partners in government are even better equipped to remedy this major public health issue, which can often be accomplished quickly and inexpensively by landlords. This Office will continue to uphold lead safety laws by enforcing compliance and holding accountable neglectful landlords. And we won’t stop until childhood lead poisoning is a thing of the past.”
Under state law, following a property inspection by RIDOH, landlords are given opportunities to correct lead hazard violations before the Attorney General files an enforcement action.
“Safe and healthy housing plays a key role in determining health,” said Interim Director of Health Utpala Bandy, MD, MPH. “These types of legal actions to hold landlords accountable play an important role in Rhode Island’s comprehensive strategy to minimizing – and hopefully ending – lead exposures for children, along with lead screenings, referrals for case management, and the identification of lead hazards in homes. We will continue to work with the Rhode Island Attorney General and other partners toward our shared goal of ensuring that children in every ZIP code throughout the state live in an environment that supports healthy development.”
Lead Enforcement Action by Attorney General Neronha
Lead enforcement has been a priority for Attorney General Neronha. Since the fall of 2021, the Attorney General has filed 22 lawsuits and obtained hundreds of thousands of dollars in penalties from landlords who have failed to fully address serious lead violations in properties where children were lead poisoned. As a result of actions by the Office, more than 65 housing units have been remediated following the issuance of intent to sue letters, pre-suit negotiations, and lawsuits.
In June 2023, Attorney General Neronha, working with members of the General Assembly, developed a package of lead poisoning prevention and housing bills that were successfully passed in that legislative session. The new laws allow for enforcement of existing lead poisoning prevention laws by calling for the establishment of a statewide rental registry and an escrow account into which tenants can pay their rent when there are unaddressed lead issues in their homes, as well as allowing for families affected by childhood lead poisoning to recover up to three times their actual damages. And in January 2024, the Attorney General issued guidance to Rhode Island landlords reminding property owners of their new responsibilities following the passage of the laws.
In June 2023, the Office filed a lawsuit against Pioneer Investments, LLC and its president Anurag Sureka for failing to comply with numerous state rental, lead hazard, and consumer protection laws that placed the health and safety of hundreds of renters at risk, and which constituted unfair market practices.
In January 2023, Attorney General Neronha announced lead remediation agreements totaling more than $700,000 in value. In April and May 2022, the Attorney General filed lead enforcement lawsuits against Pawtucket and Woonsocket landlords. And in March 2022, the Attorney General filed lead enforcement lawsuits against four Providence landlords following the lead poisoning of children at each of their properties.
The Office of the Attorney General wants Rhode Islanders to have the resources and tools they need to inform, educate, and advocate for themselves. To that end, the Attorney General has created a dedicated web page which aims to provide the public with information about lead poisoning, Rhode Island lead laws, lead-related litigation, and helpful external resources. This page will be updated regularly as new information and resources become available, including important updates about the rental registry, escrow account, and treble damages, as called for in the new laws.
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