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?