Helena real estate agent admits failing to provide lead-based paint disclosures for veterans residing in rental housing at Fort Harrison

Press Release

HELENA - A Helena real estate agent and property manager today admitted to failing to provide lead-based paint disclosures as required to veterans residing in housing at Fort Harrison, in Helena, which resulted in the exposure of veterans and their families to significant levels of lead, the U.S. Attorney's Office said.

The defendant, Melanie Ann Carlin, 54, of Clancy, appeared for arraignment on and pleaded guilty to an information charging her with one count of knowing endangerment, a felony. Carlin faces a maximum penalty of 15 years in prison, a $250,000 fine and at least three years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for March 4, 2025. Carlin remained on release pending further proceedings.

The government alleged in court documents that from September 2019 until September 2021, Carlin failed to provide lead-based paint disclosures as required, placing an individual in imminent danger of death and serious bodily injury and exposing low-income veteran families and their children at Freedom's Path Fort Harrison to significant levels of lead.

Carlin is the owner of 406 Properties, Inc, a property management service in Helena, and has more than 26 years of professional real estate experience. In 2018, Carlin agreed to provide property management services for rental units known as Freedom's Path Fort Harrison. The rentals included multiple homes for military veterans to use as affordable housing. In May 2019, Carlin received and forwarded an email from the Montana Department of Commerce requesting information detailing any lead-based paint remediation completed on the homes because the buildings were constructed before 1978. The buildings were constructed in approximately 1895 and 1905, depending on the building.

Despite the email, in June 2019, Carlin signed two Request for Tenancy Approval Forms for the Fort Harrison rentals. Carlin selected "lead-based paint disclosures do not apply because this property was built on or after January 1, 1978" on the form. Carlin knew the selections were false and did not provide lead-based paint disclosures to veterans seeking residence at Freedom's Path Fort Harrison.

In September 2019, Carlin attended a meeting discussing that lead-based paint was peeling at Freedom's Path Fort Harrison. The meeting agenda identified "lead-based paint peeling in the units - doors won't shut, paint peels when attempt to shut door" and veterans have identified "chipped paint" in the units. At this point, Carlin knew the buildings were built prior to 1978, and she knew deteriorating lead-based paint was located inside the buildings.

Despite Carlin's knowledge and extensive real estate experience, she continued to sign forms indicating that the units were free of lead-based paint, or they were built after 1978, none of which was true. In addition, Carlin continued in failing to provide lead-based paint disclosures to the veterans and their families residing in the units.

The government further alleged that in December 2020, Carlin failed to provide a lead-based paint disclosure to a veteran of Freedom's Path Fort Harrison. In September 2021, an 18-month-old child in the veteran's home was found eating paint chips inside the unit. Subsequent medical testing confirmed the child had elevated blood lead levels exceeding levels considered to be "very high" and required treatment for lead poisoning. Lead poisoning can have catastrophic effects on children and their development, and Congress requires a warning about the effects of lead poisoning be given when individuals lease homes built prior to 1978.

When interviewed by federal agents, Carlin agreed that she was familiar with the requirement to provide lead disclosures and confirmed that no lead disclosures were provided to veterans living in units at Freedom's Path Fort Harrison. A review of the rental units confirmed lead was present in almost every unit, including the building where the 18-month-old child was present. A subsequent property management company corrected the omission by making lead disclosures to the veterans.

The U.S. Attorney's Office is prosecuting the case. The Environmental Protection Agency's Criminal Investigation Division and Office of Inspector General, Veteran's Administration Office of Inspector General, and Department of Housing and Urban Development conducted the investigation.

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Updated November 5, 2024