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April 2005

IN THIS ISSUE:

Cushing Dolbeare, Champion of Affordable Housing (1927-2005)

On March 17, Cushing Dolbeare passed away after a long battle with cancer. For more than 50 years, Cushing was an advocate for affordable housing and social justice whose effectiveness and impact was unmatched. She founded the National Low Income Housing Coalition (NLIHC) in 1974 and worked to ensure that communities affected had a voice in national policy through the organization, which she directed for many years.

Cushing believed strongly that advocacy must be based on hard data, and her insightful analyses of housing policy helped quantify the growing affordable housing crisis for American families. Her invention of the "housing wage" to depict the gap between housing costs and wages of low income people helped give this crisis meaning to policy makers and the general public. Her championship of the National Housing Trust Fund helped build broad support for this still-pending initiative that would build, rehab, and preserve 1.5 million affordable housing units over the next ten years.

Cushing's advocacy for affordable housing brought her quite naturally to the fight to protect children from lead poisoning and other health hazards in their homes. Cushing was a founding director of the Alliance and also served on the National Center for Healthy Housing’s board for many years. She helped defuse tensions to bring advocates for affordable housing and advocates for children’s health together to work in common cause for decent, safe, and affordable housing.

In 2002, the National Low Income Housing Coalition celebrated Cushing's 50 years of advocacy for affordable housing by creating the Cushing N. Dolbeare Endowment Fund, which will provide a stable source of support for the Coalition's work through changing currents in politics and philanthropy. Already, more than $1.9 million has been committed to this Endowment, which brings it within striking distance of its $2.5 million goal. The Coalition had hoped to celebrate achievement of that goal with Cushing at its annual meeting on May 2. We will now have to celebrate without her.

You can contribute to the Cushing N. Dolbeare Endowment Fund at https://www.nlihc.org/contribute.htm. A challenge grant by Freddie Mac will match your contributions dollar for dollar.

EPA Abandons Lead-Safe Remodeling and Renovation Regulation

According to internal agency documents, the U.S. Environmental Protection Agency (EPA) quietly abandoned regulations governing lead safety in remodeling and renovation. The decision was made in 2004 but was not openly announced. Public Employees for Environmental Responsibility (PEER) released the internal documents to the public on March 14.

Title X directed EPA to issue regulations to prevent lead hazards during renovation and remodeling work by October 28, 1996. Though it missed the statutory deadline, EPA continued work on the LSWP regulations at least through 2003. However, in 2004, the Agency abandoned plans to issue this regulation in favor of a voluntary approach of questionable impact.

This voluntary program, initially proposed at $1 million annually, would have begun with a three-year pilot that would reach 200-300 renovators and remodelers within an industry composed of more than 250,000 businesses. Since the program would have focused on rental property owners with large holdings, it would not have reached most persons performing work that disturbs lead-based paint in poorly maintained rental housing properties, including millions of unsubsidized affordable housing units. Moreover, the pilot program was never carried out because of budget cuts.

A group of more than 120 organizations and individuals (see www.afhh.org/aa/aa_alert_LSWP_sign_on_EPA.htm) sent a sign-on letter to EPA Acting Administrator Stephen Johnson, expressing disappointment in the Agency’s abandonment of the rule and weak leadership in ensuring lead safety in remodeling and renovation, and calling on EPA to propose a results-oriented rule addressing lead-safety in remodeling and renovation by October 1, 2005. Elements of the rule requested in the letter would include requiring renovation and remodeling contractors who have not completed an approved lead safe work practices training course by a date certain to become certified abatement supervisors; specifying risk factors that would require post-work dust testing; and building capacity for effective training in clearance and LSWP.

HUD Announces Availability of Lead and Healthy Homes Grants

On March 21, HUD released its FY2005 SuperNOFA that includes application instructions for the Department’s Lead-Based Paint Hazard Control and Healthy Homes grants programs. Application deadlines vary for the different programs, falling between June 7 and June 15, 2005. Copies of the notices, application kits, and forms are available on HUD’s website at www.hud.gov/offices/adm/grants/fundsavail.cfm.

Approximately $93.6 million will be awarded for Lead-Based Paint Hazard Control grants, available to state and local government agencies for controlling lead hazards in privately owned, low-income housing. Approximately $49.4 million will be awarded through the Lead Hazard Reduction Demonstration Grant program to local government agencies in areas with the “highest lead paint abatement needs.” Approximately $8 million will be awarded through the Operation Lead Elimination Action Program (Operation LEAP) to leverage private sector resources to eliminate childhood lead poisoning. Approximately $5 million will be awarded under the Healthy Homes Demonstration Program to support projects that address multiple childhood diseases and injuries related to housing in a coordinated fashion using effective hazard assessment and intervention methods, and public education and outreach efforts. Approximately $5 million will be awarded for Healthy Homes and Lead Technical Studies projects ($2 million for healthy homes and $3 million for lead). Approximately $2 million is available for the Lead Outreach Grant Program to increase enrollment of low-income units for lead hazard control programs; develop, translate, and distribute educational materials for high-risk communities and key audiences; create local partnerships; and identify lead hazards and report them to property owners or managers and government officials.

Lead poisoning prevention advocacy organizations and other community-based organizations are strongly encouraged to apply for Healthy Homes Demonstration, Operation LEAP, Lead Outreach, and Healthy Homes and Lead Technical Studies funds, and to partner with government agencies to submit applications for Lead Hazard Control and Lead Hazard Reduction Demonstration grants. Examples of the activities that community-based organizations can be funded to perform include training (including training residents to screen houses through visual assessment and sampling), outreach, community education, marketing, inspection (including dust lead testing), and the conduct of lead hazard control activities.

Senate Appropriations Reorganizes Subcommittee Structure

On March 2, Senate Appropriations Chair Thad Cochran (R-MS) announced a change to the subcommittee structure to roughly align with an earlier reorganization adopted by the House. This reoganization eliminates the VA-HUD-Independent Agencies subcommittee and divides its accounts among the remaining twelve subcommittees. EPA’s budget is now under the Interior and Related Agencies Subcommittee’s jurisdiction, and HUD’s budget is now in the hands of a new Transportation-Treasury-Judiciary-Housing and Urban Development Subcommittee. Senator Kit Bond (R-MO) will chair this new subcommittee, with Senator Patty Murray (D-WA) serving as Ranking Member. Other members include familiar champions of lead poisoning prevention and healthy homes funding, including Senators Barbara Mikulski (D-MD) and Mike DeWine (R-OH).

The restructuring comes on the heels of a similar measure in the House of Representatives, which consolidated that chamber’s 13 subcommittees to ten. The new Senate subcommittee structure, though still not exactly parallel to that of the House, matches up better, potentially lessening difficulties in finalizing the FY06 appropriations bills.

New Jersey Program Targets Lead Hazards before a Child is Born

The State of New Jersey announced March 10 that it will fund a targeted lead-testing program in 18 municipalities, including Newark, Trenton, and Atlantic City. The program, called Wipe Out Lead New Jersey, will provide free lead dust test kits to pregnant women in order to identify lead hazards in homes before a child is even born.

New Jersey Acting Governor Richard Codey said that the lead test kits will help protect children from lead poisoning and indicated that the state will spend $1 million this year to distribute the kits to 30,000 expectant mothers.

The kits will contain moist swabs, test tubes, full sampling instructions, and postage-paid envelopes to make testing homes for lead as simple as possible. BTS Laboratories, a Maryland-based affiliate of Rx Solutions International, will conduct analysis of the test swabs and return results within three weeks. The results will also be available to the New Jersey Department of Health and Senior Services to assist the department in identifying lead hazard “hot spots” within each municipality.

For more information, see www.state.nj.us/cgi-bin/governor/njnewsline/view_article.pl?id=2394.

Maryland Court Upholds Landlord Responsibility to Control Lead Hazards

The Maryland Court of Appeals ruled March 11 that landlords in Baltimore have a duty to proactively comply with the city’s Housing Code, which expressly prohibits flaking, loose, or peeling paint. The court applied its November 2003 holding in Brooks v. Lewin Realty III to all deteriorated lead paint-related lawsuits pending appeal while Brooks was being decided. The court also reaffirmed that the precedent set in Brooks will govern all future deteriorated lead-based paint cases arising in Baltimore. The Court of Appeals is Maryland’s “court of last resort,” equivalent to other states’ Supreme Courts.

In the March case, Polakoff v. Turner, the court upheld a $350,000 jury award to Jasmine Turner, a Baltimore child poisoning by deteriorated lead-based paint found in her apartment. Using its holding in Brooks, the court emphasized that Jasmine’s landlord, Lawrence Polakoff, had an affirmative duty to comply with all portions of Baltimore’s housing code, including the section of the code which bans deteriorated paint in homes. The court pointed out that in the nine years that Jasmine’s family lived in Polakoff’s rental housing, he never inspected the apartment to ensure that the property was up to code. This negligence allowed old peeling paint to deteriorate further during the family’s tenancy, which in turn poisoned Jasmine.

The full text of the Court of Appeals decision is available at http://caselaw.lp.findlaw.com/data2/marylandstatecases/coa/2005/20a04.pdf. The Brooks decision is also available online at http://caselaw.lp.findlaw.com/data2/marylandstatecases/coa/2003/60a01.pdf.

Minnesota Legislators Propose Lower Blood Lead Response Level

State Sen. Linda Higgins and State Rep. Keith Ellison, both DFL-Minneapolis, introduced bills today that would lower the mandated response level in Minnesota for an elevated blood lead level from 20ug/dl to 10ug/dl, with a response also required if there is a persistent level of 5-9ug/dl over a period of 90 days. The bill also decreases the time agencies must respond to blood lead levels in excess of 22.5ug/dl (5 days) and 35ug/dl (48 hours).

The bill is expected to meet stiff opposition, particularly from state and local agencies, who believe they do not have the necessary resources to respond to a lower threshold response level. Agencies have also argued in the past that a lower mandated response level will make them less competitive for federal HUD dollars, believing they can spread current federal funds to additional units if they are not required to follow more rigid lead hazard control standards for lowered environmental response levels.

Text of the pending Senate bill (the House bill’s text is identical) is available at www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S1727.0&session=ls84.

Reps. Slaughter and Clay Introduce Home Lead Safety Tax Credit Act

Representatives Louise Slaughter (D-NY) and William Lacy Clay (D-MO) introduced the Home Lead Safety Tax Credit Act of 2005 in February. The bill, HR 453, amends the federal tax code to provide owners of residential properties built before 1978 a tax credit for lead-based paint abatement costs performed by a certified lead abatement contractor.

The bill limits the amount of the tax credit to fifty percent of the total cost of abatement, and the credit cannot exceed $1,500 per dwelling unit each year. The bill was referred to the House Ways and Means Committee.

For the full text of the bill, see http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h453ih.txt.pdf.

EPA Proposes Stricter Standards on Lead in Drinking Water

On March 7, the U.S. Environmental Protection Agency (EPA) announced a proposal for more stringent testing and reporting standards for lead in drinking water, affecting the practices of water utilities across the United States. The standards would go into effect in early 2006.

Following the controversy that erupted when the Washington Post published a series of articles in early2004 regarding high levels of lead found in the drinking water of thousands of Washington, DC, homes, reports surfaced that three other water utilities in the United States—St. Paul, MN; Port St. Lucie, FL; and Ridgewood, NJ—were having similar problems with unsafe lead levels in drinking water.

In response, the EPA plans to require that utilities inform state water quality officials at least two months before altering their water treatment methods. Changing water treatment methods can sometimes corrode pipes, especially older lead service lines, causing the heavy metal to leach into drinking water. Utilities would also be required to better control corrosion in all pipes. The stronger standards would also mandate that utilities notify residents of any lead testing within a home or apartment complex. Schools and child care facilities would be included in the reporting and monitoring requirements as well.

Study Identifies Cockroaches as Significant Asthma Trigger in Inner-City Children

Researchers at the University of Texas Southwestern Medical Center, in conjunction with the Inner City Asthma Study, reported in March that cockroaches exacerbate childhood asthma symptoms much more than pet dander or dust mites, two culprits traditionally emphasized by doctors when assisting families with their child’s asthma. The study was published in the March 2005 issue of the Journal of Allergy and Clinical Immunology.

The study found that inner-city children who were sensitized and exposed to cockroach antigen, a compound that triggers allergic reactions and asthma symptoms, experienced more days with pronounced asthma symptoms, missed more school days, and interrupted the sleep of their parents more often than asthmatic children who were not exposed to cockroaches in their homes. Kenneth Olden, former Director of the National Institute of Environmental Health Sciences (NIEHS), said that the study’s data suggest that cockroach antigen is the primary trigger of asthma in inner-city children.

The highest levels of cockroach antigen, and the largest cockroach populations, were found in multifamily housing units, with high-rise apartment buildings in Chicago, New York City, and Dallas having the worst cockroach problems. An abstract of the study is available here.

Improper maintenance and ineffective pest management practices can lead to explosive growth in cockroach populations and increase the likelihood that children will be exposed to the antigen from the roaches’ saliva, fecal material, and dead bodies. Integrated pest management (IPM) strategies are effective in reducing cockroach populations by plugging entryways, controlling excessive moisture, and preventing access to food sources while utilizing low-toxicity treatments that reduce dangerous pesticide exposures that can also trigger asthma. For more information about the integrated pest management of cockroaches, see www.pesticide.org/cockroaches1.pdf and www.pesticide.org/cockroaches2.pdf.

Researchers Continue to Find Toxic Substances in Household Dust

Researchers and advocates continue to find toxic substances in household dust across the United States, according to a new report released on March 23. Sick of Dust: Chemicals in Common Products—A Needless Health Risk in Our Homes shows that chemicals from everyday consumer products like vinyl flooring, cookware, cleaning products, and foam cushions are making their way into the dust we inhale and ingest every day.

Researchers sampled dust from 70 homes, ten each in California, Maine, Massachusetts, Michigan, New York, Oregon, and Washington State. The ten samples from each state were pooled into one large state sample, and in each of the seven pooled samples, laboratory analysis detected at least five of the six broad classes of chemicals examined for the study. Researchers tested the dust for phthalates, pesticides, alkylphenols, organotins, perfluorinated surfactants, and polybrominated diphenyl ethers.

Though ubiquitous in the home environment, the chemicals in the study are far from harmless. Dr. David O. Carpenter, public health researcher at SUNY-Albany, said, “For all these chemicals, animal studies show clear harmful effects.” While the evidence of harm to humans is just “strongly suggestive” at this time, Carpenter maintains that “where there’s so much smoke, there’s certainly a fire.” The chemicals are suspected of causing or exacerbating a wide range of health problems, including hormone disruption, physical feminization in boys, early puberty in girls, allergies, cancer, and neurological disorders. Some of the chemicals, including certain phthalates and pesticides, can also be asthma triggers.

Many product manufacturers insist that the toxic chemicals escaping from their products are needed to enhance performance or to make their products fire-resistant. However, advocates pointed out that several industry giants have already moved to phase some of the most toxic chemicals out of their consumer product lines. These companies include Dell, Intel, and IKEA.

For more information on the household dust report, see www.safer-products.org/page.php?p=dust.

California Agency Links Environmental Tobacco Smoke to Breast Cancer

In early March, scientists at the California Air Resources Board (ARB) added breast cancer to the list of diseases linked to environmental tobacco smoke (ETS).

According to an ARB report about the toxicity of ETS, women exposed to ETS risk up to a 90 percent greater chance of developing breast cancer, which kills 40,000 American women every year. The report found that the risk is especially great in younger women. The ARB reached its conclusion based on recent studies that more closely examined the long-term impacts of ETS exposure. ARB scientists also gave more weight to toxicology evidence than have previous studies by the U.S. Surgeon General and other researchers.

Containing over 200 toxic substances and 69 carcinogens, environmental tobacco smoke has also been linked to lung cancer, asthma attacks, peripheral artery disease, heart attacks, emphysema and other respiratory diseases, and stroke. Overall, the ARB estimates that environmental tobacco smoke exposure kills 73,400 Americans each year.

The ARB’s entire ETS toxicity report is available at www.arb.ca.gov/toxics/ets/dreport/dreport.htm. The section on ETS and breast cancer begins on page 99 of Chapter 7, posted at www.arb.ca.gov/toxics/ets/dreport/mar05/bchp7.pdf.

More Evidence Links Mold and Excessive Moisture to Asthma

A new longitudinal study shows further evidence that excessive moisture and mold growth in the home are linked to the development of childhood asthma. The study results were published in the March 2005 issue of Environmental Health Perspectives.

Researchers followed the case histories of 1,916 children without asthma over six years, from age one to age seven, and looked at the independent and combined effect of two factors on the development of asthma in these children: parental history of allergic diseases including asthma, and indicators of mold and excessive moisture exposure. History of water damage, presence of excessive moisture, presence of visible mold growth, and detectable mold odor in the home were used as indicators of such exposures.

Within the timeframe of the study, 138 children, or 7.2 percent, developed asthma. While both parental history of allergic disease and exposure to mold both were strongly linked to the development of asthma in these children, they did not appear to increase or decrease the effect of each other. The researchers concluded that the evidence discovered in this study shows that exposure to mold and excessive moisture independently increases the risk of the development of childhood asthma.

To access the full text of this study, visit http://ehp.niehs.nih.gov/members/2004/7242/7242.pdf.

Scientists Say Unvented Gas Heaters Worsen Asthma Symptoms

In February 2004, Australian scientists expressed concern that unvented gas heaters and related combustion appliances pose a risk to asthmatic children. The study they conducted focused on unvented heaters in schools, but the researchers asserted that it is reasonable to conclude that unvented combustion appliances pose a risk to children and all asthmatics in the home environment as well.

In the home, unvented fireplaces, gas logs, and gas heaters release carbon dioxide, nitrous oxides, and nitrous acids in their combustion processes. Outdoors, nitrous oxides form smog, a potent asthma trigger in sensitive populations. Indoors, the Australian study linked nitrous oxides, in combination with breathing in higher concentrations of carbon dioxide and nitrous acids, with increased incidence of tight chest, difficulty breathing, and full-blown asthma attacks requiring the use of fast-acting “rescue” inhalers.

The study found that when unvented combustion heating appliances were replaced with vented appliances or electric heat, the incidence of all asthma-related symptoms and missed school days declined sharply.

The full text of the study is posted at http://ije.oupjournals.org/cgi/reprint/33/1/208.

Healthy Homes Advocate Appointed to CDC Lead Advisory Committee

On March 11, highly respected healthy homes advocate Linda Kite of Los Angeles, CA, was appointed to CDC’s Advisory Committee on Childhood Lead Poisoning Prevention. Linda is the Coordinator of the Healthy Homes Collaborative in Los Angeles and has been a leader in lead poisoning prevention advocacy and organizing for nearly 2 decades. She will complete the final year of the 4-year term of Tracey Lynn, a veterinarian appointed to the committee in 2002 who recently resigned after accepting an appointment to a federal job. Linda’s term runs until May 31, 2006.

HUD Temporarily Disables Leadlisting.org Resource

The U.S. Department of Housing and Urban Development (HUD) has temporarily disabled its www.leadlisting.org web resource.

While information about lead safety professionals is often available through state government websites, leadlisting.org was the only site that allows the general public to locate lead safety professionals in a “one-stop shop” atmosphere. It provided a centralized source of information on lead paint inspectors, risk assessors, abatement contractors, accredited lead laboratories, lead safety training providers, renovation contractors trained in lead-safe work practices, lead sampling technicians, and training course schedules. The website was very popular, both with the public and with the lead hazard identification and control industry.

HUD plans to restore this website. Until the site is operational, the public is urged to locate information on lead professionals through state government websites.

ALA Releases New Lung Disease Data Report

The American Lung Association released a new report in March that examines lung disease data in culturally diverse communities across the country. “Lung Disease Data in Culturally Diverse Communities: 2005” provides vital health information that can be used in the fight against lung disease linked to environmental factors. The report includes data on African Americans, Native Americans, Asian Americans, Hispanic Americans, Native Hawaiians and Pacific Islanders, and LGBT Americans. It presents useful statistics, important background materials, and essential information about lung health issues like asthma, environmental tobacco smoke, and clean air as they relate to culturally diverse communities. Enter your contact information at http://lungusa.kintera.org/lddcdc to download the full report.

State and Local Childhood Lead Poisoning Elimination Plans Available Online

The U.S. Centers for Disease Control (CDC) is now making many state and local childhood lead poisoning elimination plans available online. The plans were required from 36 states and the District of Columbia, and 5 large cities as a condition of receiving CDC lead poisoning prevention funding. They can be found at www.cdc.gov/nceh/lead/Strategic%20Elim%20Plans/strategicplans.htm.

EPA Offers Resources for Asthma Awareness Month in May

May is Asthma Awareness Month, and World Asthma Day is May 3, 2005. In support of Asthma Awareness Month, the EPA has developed an event planning kit, an Asthma Awareness Month website, and event listing forms. The event planning kit is a free resource for community organizers, health care providers, school nurses, teachers, and everyone who is committed to raising awareness of asthma triggers and their management. The kit includes ideas and tips on organizing events in local schools, hospitals, clinics, libraries, and state capitols, and provides sample proclamations, letters to the editor, and other resources to make it easy for community-based organizations and others to plan outreach events. EPA's website also includes a map of Asthma Awareness Month activities where organizations and individuals can see what is planned in their state. Visit www.epa.gov/asthma/awm.html for more information.

Funding Opportunities

The National Institute of Environmental Health Sciences (NIEHS) and its parent agency, the National Institutes of Health, are calling for proposals for Community-Based Participatory Research Grants. These projects should further the goal of reducing the burden of environmentally associated diseases and health conditions by 1) providing the scientific basis for understanding the impact of the environment on human health; 2) translating this information into prevention and intervention strategies; 3) evaluating the efficacy of prevention and intervention strategies; and 4) communicating the results to the public and improving public health. All projects must be conducted in communities and must allow community members, affected persons, and other key stakeholders the opportunity to be full participants in each phase of the project, including grant proposal development. FY 2005 grant proposals are due May 17, 2005. More details are available at http://grants.nih.gov/grants/guide/pa-files/PAR-05-026.html#PartI.

Upcoming Conferences

The Center for Civic Partnerships will host the Healthy Cities and Smart Growth: Planning for Healthier Communities conference on April 21 and 22 in Berkeley, CA. The conference will explore themes such as the built environment and health, community growth and change, community livability and social equity, and resource development. For more information, see www.civicpartnerships.org/default.asp?id=315 or call 916-646-8680.

Indianapolis will host the 2005 Affordable Comfort Conference from May 16-21. Conference participants will have available 57 short courses and 96 sessions categorized into 18 tracks, covering issues such as home performance, heating and cooling, and weatherization. For more information about the conference, see www.affordablecomfort.org.

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