Toledo Collaboration for Lead Safe Housing

Report
Toledo Collaboration
for Lead Safe Housing
2014 Ohio Healthy Homes Summit
Matthew Currie, Esq.
Advocates for Basic Legal Equality
About ABLE
• Advocates for Basic Legal Equality, Inc. is a non-profit regional
law firm that provide high-quality legal assistance in civil
matters to help eligible low-income individuals and groups in
western Ohio achieve self-reliance, equal justice, and economic
opportunity
Guiding Principles
• To address poverty as a problem which denies our clients the
opportunities and access to equal justice they need to achieve
self-reliance and equality
• To work collaboratively with other advocacy groups to attack
poverty and injustice and empower our client communities,
recognizing the universal nature of the struggle against
poverty and for equal rights
Strategic Advocacy Initiatives
• Housing and Community Economic Development
• Eliminate public health risks and environmental contaminants
connected to and affecting low-income communities.
Lead-Cognitive and Behavioral
Risks
• Lead is a neurotoxic substance that has been shown in
numerous research studies to affect brain function and
development. Children who have been exposed to elevated
levels of lead are at increased risk for cognitive and behavioral
problems during development (CDC, 1991).
Lead Poisoning
• CDC reports over 4 million homes in the U.S. have exposed
children to high levels of lead
• Damage to nervous system, behavior and learning problems,
delayed physical growth and development
Lead Poisoning in Toledo
• OHD reports up to 3.7 million housing units contain some
lead-based paint on interior or exterior surfaces
• In 2012, Lucas County child lead poisoning cases higher than
state average, Toledo is even higher
• State = 1% of Ohio children test positive for lead
poisoning
• Lucas County = 1.79%
• Toledo = 2.06%
Impact on Minority and
Low-Income Communities
• Nationally, African American children are affected by lead
poisoning at a much higher rate than Caucasian children
• On average, 3% of African American children test positive for
lead compared to 1.3 of white children
• Toledo’s 2010 African American population is 27.2%, twice the
state average percentage
Impact on Minority and
Low-Income Communities
• "Statistical Analysis and Mapping of the instances, degree, and
location of Lead Poisoning in the City of Toledo and estimates
of the actual number and locations of children being lead
poisoned."
~ David L. Norris
• http://www.ablelaw.org/media-room/leadsummit-materials2014
Solutions?
• Mandatory blood lead screening for all “high risk” children
below 72 months of age
• Enrolled in Medicaid
• Sibling of a child with elevated blood lead level
• Resides in a high risk zip code
• The number of children being tested for lead poisoning has
declined in recent years, according to the Ohio
• While at least 26,760 children under the age of five lived in high
risk zip codes in 2010, less than 8,000 kids were tested, or roughly
28% of the children mandated by state law. (ODH)
Solutions?
• Title X – disclosure of known information on lead-based paint
and lead-based paint hazards prior to sale or lease of a
housing unit built prior to 1978
• Ohio Healthy Homes and Lead Poisoning Prevention Program
(HUD) – only 13 Ohio counties (excluded Lucas)
• Lead Remediation Program – HUD funded, 165 housing units
through June 2015
Thousands of Toledo Children at
Risk
• 3,433 = the number of lead-poisoned Toledo children
predicted to reside in the city’s areas at highest risk for
childhood lead poisoning (High-Risk Census Tracts)
• 69 = the number of lead-poisoned Toledo children detected
under Ohio’s lead-testing protocol in the least three years
A New Approach
• Eliminate the risk at its source: lead-contaminated properties
What residential rental property does
the proposed ordinance apply to?
1.
Any residential unit constructed as a single family home and
built prior to 1978 and
2.
Any residential unit constructed as a duplex and built prior to
1978.
What is the purpose of the
proposed ordinance?
The purpose of the law is to prevent children from becoming lead
poisoned, and to ensure they live in lead-safe housing by
requiring residential rental property owners to verify that a
property rented to children is lead safe.
Despite years of progress, each year significant numbers of
children in Toledo suffer the irreparable harm of lead poisoning
because of exposure to deteriorated lead paint and lead dust in
their homes.
A significant number of these children are living with their
families in rental units.
What does the proposed
ordinance require?
FIRST:
If you own (1) any residential unit constructed as a single family
home and built prior to 1978 and (2) any residential unit
constructed as a duplex and built prior to 1978, you will be
required to register the rental property with the Toledo Lucas
County Health Department.
What does the proposed
ordinance require?
SECOND:
In addition to submitting a completed application to register the
rental property, you will need to provide a report from and Lead
Hazard Assessment indicating that the property has passed the
visual inspection for bare soil around the “dripline” of the
property, a visual inspection for deteriorating paint and a dust
wipe inspection for the presents of lead dust.
What does the proposed
ordinance require?
THIRD:
If the property fails any of these inspections, then the property
owner must eliminate the hazards identified by the assessment,
have the property re-inspected and provide a report that the
property has passed the inspection in order to register the
property.
What does the proposed
ordinance require?
FOURTH:
Once a completed application and a report that the property has
passed the assessment, the Toledo Lucas County Health
Department will issue a Certificate of Registration of Lead Safe
Residential Rental Property, indicating that the owner is in
compliance with the proposed ordinance.
What standards are required
The standards for eliminating the hazards identified by the Lead
Hazard Assessment are “Interim controls.”
“Interim Controls” means a set of measures designed to reduce
temporarily human exposure or likely exposure to lead-based
paint hazards, including specialized cleaning, repairs,
maintenance, painting, temporary containment, ongoing
monitoring of lead-based paint hazards or potential hazards, and
the establishment and operation of management and resident
education programs.
Who performs the
Lead Hazard Assessment?
A “Lead Hazard Inspector” performs the Lead Hazard
Assessment.
A “Lead Hazard Inspector” is:
(1) an individual, licensed as a lead inspector-risk assessor or an
EPA certified lead dust sampling technician
(2) an individual who meets the licensing standards established
by the Toledo Lucas County Health Department, subject to
approval by the Ohio Department of Health, or
(3) becomes a licensed lead inspector-risk assessor or an EPA
certified lead dust sampling technician and performs a visual
inspection and a dust wipe clearance of your property.
Who eliminates the hazards identified
by the Lead Hazard Assessment?
The Residential Rental Property Owner shall certify compliance
with the requirements of the proposed ordinance.
If the Lead Hazard Clearance was performed by the owner or an
employee of the owner, by signing a Certification of Compliance
with Lead Safe Work Practices (Certification Form available from
the Toledo Lucas County Health Department).
If the work was performed by an individual licensed for Clearance
of Lead Hazards, as defined in the proposed ordinance, then the
Certification of Compliance with Lead Safe Work Practices shall
be signed by the licensed individual performing the Lead
Clearance.
When does the registration
expire?
The Certificate of Registration of Lead Safe Residential Property
shall expire from the date of issuance by the Director as follows:
1. Three (3) years from the date of issuance by the Director; or
2. Five (5) years from the date of issuance by the Director if the
Residential Rental Property has undergone Lead Abatement,
designed for the single purpose of permanently eliminating lead
hazards, consistent with the provisions of Ohio law.
Questions?

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