Notice of Lodging of Proposed Stipulation and Order of Settlement Under the Toxic Substances Control Act

On September 9, 2026, the Department of Justice lodged a proposed Stipulation and Order of Settlement with the United States District Court for the Southern District of New York in the lawsuit entitled United States of America v. Estate of Harry D. Silverstein, Civil Action No. 26 Civ. 7752.

The United States' complaint seeks injunctive relief pursuant to the Toxic Substances Control Act (“TSCA”) and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (“RLBPHRA”), from the Estate of Harry D. Silverstein (“Silverstein”), relating to Silverstein's failure to make required disclosures to tenants in fourteen residential buildings entering into new and certain renewal leases about lead-based paint in their apartment as required by the Lead Disclosure Rule (24 CFR part 35, subpart A, and 40 CFR part 745, subpart F). After Silverstein passed away, his estate (the “Estate”) continued to own and manage the residential buildings and again routinely violated lead paint safety regulations. Additionally, the United States seeks relief under TSCA for Silverstein's and the Estate's failures to comply with safe work practices and related requirements during renovations as required by the Renovation, Repair, and Painting Rule (40 CFR part 745, subpart E). The Stipulation and Order of Settlement requires the Estate to pay a $4.0 million administrative penalty to the United States under TSCA and the RLBPHRA.

The publication of this notice opens a period for public comment on the Stipulation and Order of Settlement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States of America v. Estate of Harry D. Silverstein, D.J. Ref. No. 90-5-1-1-13168. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

Any comments submitted in writing may be filed in whole or in part on the public court docket without notice to the commenter.

During the public comment period, the Stipulation and Order of Settlement may be examined and downloaded at this Justice Department website: www.justice.gov/​enrd/​consent-decrees. If you require assistance accessing the Stipulation and Order of Settlement, you may request assistance by email or by mail to the addresses provided above for submitting comments.