DIAZ ANSELMO & ASSOCIATES NEGOTIATES A SIGNIFICANT REDUCTION IN COSTLY CRIMINAL CHARGES & FINES ASSOCIATED WITH OHIO PROPERTIES

The U.S. Department of Housing and Urban Development (“HUD”) created the Office of Lead Hazard Control and Healthy Homes to help “develop cost-effective ways to reduce lead-based paint-hazards.”[i] One of our clients recently found itself on the wrong end of HUD’s protective powers facing over 95 criminal counts for failing to comply with local ordinances addressing lead-based paint hazards in an Ohio city which required the property owner to obtain lead-safe certificates and comply with the terms of a  Lead Hazard Control Order.

In addition to the lead-related violations, several of the Ohio dwellings were in violation of local code ordinances due to extensive interior and exterior dilapidation which affected the roof, walls, ceiling, windows, doors, cabinets, toilets, plumbing, light fixtures, and floors. The properties were also infested with roaches, fleas, ants, termites, and/or rodents. In total, the city brought 95 criminal counts against the property owner. All counts were misdemeanors; however, the monetary fees and penalties associated with the violations exceeded $100,000.

Diaz Anselmo & Associates was able to successfully negotiate the $100,000 in criminal penalties and code violation fines down to $5,000, which included $1,105 in court costs. The client agreed to bring the dwellings into compliance with local code and city ordinances. The city prosecutor dropped[ii] most (74 of 95) of the criminal counts pertaining to the lead-based violations and the client pled guilty to 20 counts and no contest to one count. Thankfully, we were able to negotiate a very favorable settlement with the city prosecutor. Obviously, the best practice would be to avoid such violations by complying with local laws, building codes and ordinances.

[i] For more information visit: https://www.hud.gov/lead.

[ii] Although outside the scope of this article, the prosecutor did not fully dismiss the counts, but rather designated them “nolle” which is short for the Latin term “nolle prosequi” which means “we shall no longer prosecute.” See https://dictionary.law.com/Default.aspx?selected=1330