Court orders Minnesota landlord to stop exposing tenants to lead paint in rental homes

A Minnesota landlord must take steps to protect tenants from exposure to lead paint in its rental homes, a Ramsey County District Court judge has ruled.

State Attorney General Keith Ellison accused Progress Residential Management Services of "sloppy practices" in its attempts to remove lead paint, according to a Dec. 22 order by Judge Mark Ireland granting Ellison's motion for a temporary injunction.

"The risk to the health and safety of these tenants, particularly children, is significant and could impact their life," Ireland wrote.

Progress is a co-defendant in a suit brought by Ellison in February 2022 against HavenBrook Homes and its owner, New York-based Pretium Partners, and serves as the day-to-day manager of about 600 rental properties in Minnesota, the judge wrote.

Ireland said the companies vehemently denied Ellison's allegations, but they did not dispute the dangers posed by lead paint. Progress did not provide additional comment Friday.

"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. "Landlords who take shortcuts put the health and safety of Minnesota's renting families at risk."

Ellison alleged that Progress exposed tenants to lead paint dust and chips by disturbing painted surfaces without taking safety precautions that included using plastic sheets to contain debris and a HEPA-filtered vacuum to remove the substances.

In his order, Ireland said Progress must hire certified professionals to inspect homes built before 1978 for the presence of lead paint before beginning any repairs.

The company also must draft lead-paint policies that comply with state and federal law, train employees on proper policies and procedures, and prove to Ellison's office every three months that it is adhering to lead-paint laws, the judge wrote.

According to a NBC News report, Progress is the largest provider of single-family homes for rent in the United States.

Ellison's office said Progress and HavenBrook own about 500 single-family residential properties throughout the Twin Cities area.

When he filed suit in February 2022, Ellison said tenants had reported problems that included lack of heat, backed-up sewer systems, mold, doors and windows that didn't close, and wild animals.

The case against HavenBrook, Progress and Pretium is ongoing, and Ireland wrote that it is complex and that the attorney general's office has "serious obstacles" to overcome.

But he added that after the defendants were notified of concerns about their management of homes with lead paint, they did not appear to "have changed their conduct, instituted new safeguards, issued written policies or engaged in formal training of employees."

Two days earlier, Ireland also ordered Progress and other defendants to produce inspection reports on state rental properties managed by Progress and HavenBrook.