MN Property Company Must Stop Exposing Tenants To Lead Paint: Court

ST. PAUL, MN — A Ramsey County Court sided with Minnesota Attorney General Keith Ellison in requiring a property management company to stop illegally exposing its tenants to lead paint.

On Dec. 22, the court granted Ellison's motion for a temporary injunction against Progress Residential Management Services, LLC.

According to Ellison, Progress violated numerous state and federal laws regarding lead-paint hazards, including "needlessly and recklessly exposing its tenants to lead-paint dust and chips by disturbing painted surfaces without taking safety precautions, such as putting up plastic sheeting to contain debris and using a HEPA-filtered vacuum to remove debris."

The court ordered Progress to comply with lead-paint hazard laws when performing maintenance in hundreds of Progress’s Minnesota rental properties.

Progress oversees about 500 single-family residential properties throughout the greater Minneapolis–Saint Paul metro area and is one of the largest landlords in Minnesota, according to the attorney general's office.

"I am relieved the court ordered that Progress follow the law and take basic safety precautions when doing work in its tenants' homes," Ellison said in a statement.

"It is critical that landlords follow lead paint laws put in place to reduce the risk of lead poisoning. Landlords who take shortcuts put the health and safety of Minnesota’s renting families at risk, especially children, who are extremely vulnerable to the effects of lead exposure. This is a positive step that provides immediate relief to hundreds of tenants who live in homes that have lead paint."

In its order, the court requires Progress to do the following for its Minnesota rental properties built before 1978 that have not been determined to be free of lead-based paint:

• Hire certified professionals to inspect rental homes built before 1978 for the presence of lead paint before Progress begins any repairs
• Draft lead-paint policies that comply with Minnesota and federal law and hire an independent expert to certify that Progress’s policies and procedures comply with applicable laws
• Train employees on approved lead paint policies and procedures
• Provide the Minnesota Attorney General’s Office with proof of compliance with lead-paint laws every three months.