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May/June 2003

IN THIS ISSUE:

Greensboro Advocates Win New Code Enforcement System

Historically, Greensboro, NC's code enforcement system has placed a higher priority on abandoned cars and unkempt lawns than on substandard housing. Housing inspections occurred only when tenants complained, which happened infrequently due to fear of landlord retaliation, and many cases were inexplicably dropped before compliance occurred. In 2002, Greensboro Housing Coalition (GHC) began to highlight adverse health impacts from poorly maintained housing as a way to redirect city priorities and strengthen code enforcement. GHC staff and volunteers went door-to-door in targeted neighborhoods to inform residents about lead and perform health and safety inspections in more than 1,200 high-risk homes. The group documented bad housing conditions, including paint deterioration and the presence of lead in damaged paint (using colormetric spot test kits). GHC found a 40% positive rate for lead paint hazards, and presented their findings to the Greensboro City Council last December.

On May 20, the City Council voted unanimously for a “certificate of occupancy” ordinance that requires periodic city inspections of all rental properties to ensure safe conditions, and a new housing code based on the International Building Code. The Council also approved funding for three new housing inspectors, bringing the total to 8. Effective Jan. 1, 2004, the new law will ensure that all rental housing will be inspected every five years. Inspectors will be trained about the new law and procedures over the next several months. Between now and Jan. 1, GHC intends to press officials to make certain that policies are adopted to ensure that lead-safe work practices are followed for painting and other repairs in pre-1978 properties.

Community Testing Documents Widespread Lead Hazards in NYC Neighborhood

The Pratt Area Community Council (PACC), a community-based organization, recently released a report highlighting high rates of high risk housing in a low-income community in the Bedford-Stuyvesant area of Brooklyn, NY. “The Politics of Poison” found more than 1/3 of buildings within a 12-block area contained dangerous levels of lead. PACC utilized area high school students trained as Lead Sampling Technicians to take dust wipe samples. Students tested 59 units over a period of three months. The dust samples indicated lead levels between 5 to 100 times greater than the established EPA threshold for hazardous levels of lead in dust. Ninety percent of the residents residing in the homes sampled were African-American and Latino and 57% were Medicaid recipients. The report urges the NYC Department of Health to expand site investigation (as a pending municipal ordinance known as Intro 101A would require), provide case management for children with lead levels of 5 micrograms per deciliter and above, and partner with community-based organizations to expand blood lead screening to all children under six, especially children in high-risk communities and those receiving Medicaid. PACC also recommends that the Department of Housing Preservation and Development and the Department of Health develop a two-year plan to test every apartment building in Bedford-Stuyvesant and other high-risk communities to help prevent children’s exposure to lead. The complete report is available online at www.prattarea.org/leadpaint.pdf.

Paint Industry to Put Warning Labels on Paint Cans

On May 12, 2003, Attorneys General from 45 states, the District of Columbia, Guam, Northern Mariana Islands, Virgin Islands, and Puerto Rico announced an agreement with the National Paint & Coating Association (NPCA) requiring the paint industry to put warning labels on their products alerting consumers to the danger of lead exposure during home renovations. Thanks to the efforts of advocates, the agreement does more than merely mandate warning labels. The NPCA will offer free approved training courses in lead-safe work practices for contractors, painters, home inspection companies, code inspectors, maintenance workers, homeowners, property owners, housing authorities, community and social service organizations, and state and municipal agencies. The NPCA also is required to partner with safety equipment providers to offer discounts on HEPA vacuum cleaners and NIOSH-approved respirators. The companies’ commitments under the agreement pale in comparison to the scale of the lead poisoning problem in this country, and the agreement is unlikely to protect children at highest risk, who live in older, poorly maintained housing.

Changes Proposed to Section 8 Voucher Program

The Bush administration has proposed to convert the Section 8 housing voucher program into a block grant to the states, and has asked for less funding from Congress than is needed to support all vouchers likely to be in use next year. The plan could seriously jeopardize the availability of housing vouchers for low-income people while needlessly expanding the bureaucracy needed to run the program. Enactment of the scheme would dilute the protections to child health that are presently provided through "Housing Quality Standards" and HUD's lead-safe housing rule, leaving families using federal vouchers to pay for their housing at the mercy of local and state codes, most of which are not as protective as federal standards. Visit the National Low Income Housing Coalition’s website at http://nlihc.org/news/0507031.htm for more information.

Michigan Governor Creates Top Level Task Force to Address Lead Poisoning

In January 2003, the Detroit Free Press ran a 5-part series on lead poisoning (see www.freep.com/lead/index.htm), followed by more stories in April about lead-contaminated sites of former lead smelters, foundries, and alloy makers in Detroit and statewide. Immediately following the April stories, Michigan Governor Jennifer Granholm asked the state Departments of Environmental Quality and Community Health to develop a statewide response to the problem. According to the Free Press, the state agencies will establish a task force of top government officials, including the Michigan’s new surgeon general, and will seek to:

  • Find more funding for the state's lead-abatement program,
  • Gather information about old lead smelter sites,
  • Set up a state registry of lead-free homes,
  • Revise state building codes to consider lead hazards,
  • Create incentives for doctors to test young children for lead, and
  • Ensure that state medical and nursing schools and teacher colleges teach their students about lead poisoning.

Recent Developments in Lead Industry Litigation

On May 29, 2003, Superior Court Judge Michael A. Silverstein ruled that Rhode Island Attorney General Patrick Lynch may retry the state's lawsuit against the lead industry in much the same way it did last fall. Defendants Atlantic Richfield and NL Industries tried unsuccessfully to dramatically alter the retrial by forcing the state to proceed with a comprehensive trial based on the 100 houses in Rhode Island that are alleged to have poisoned the most children. Silverstein rejected this move by the two defendants, and ruled that the state may retry the first phase of its original suit to determine whether the presence of lead paint throughout buildings in Rhode Island constitutes a public nuisance. On June 19, Judge Silverstein will set a new trial date, most likely for sometime in the first half of next year.

In New Jersey, the counties and cities that sued the lead industry in December 2001 appealed the dismissal of their case last November by Mass Tort Judge Marina Corodemus. Judge Corodemus had dismissed the 26 consolidated cases on grounds that the suits violated the separation of powers doctrine, the commerce clause, and on other grounds. The appeal will be heard in the Superior Court Appellate Division.

Maurci’s House in Birmingham Honors Memory of Parent Activist

Citizens Lead Education Poisoning Prevention (CLEPP), a community-based organization in Birmingham, AL, has opened, Maurci’s House, a lead-safe house to provide temporary shelter to families whose homes contain lead or other environmental health hazards. The lead-safe house is named in honor of Maurci Jackson, parent activist, who founded the Chicago Parents Against Lead and co-founded the national United Parents Against Lead. CLEPP will help families residing in the shelter address lead and other health hazards in their homes. Maurci's House is funded by contributions from Baptist Medical Center Princeton, the Birmingham/ Jefferson County Lead Hazard Control Grant Program, the Healthy Homes Program, and generous donations from community members. For more information, visit CLEPP’s website at www.clepp.org/programs.htm.

Disclosure Enforcement Produces 4,500 More Lead-Safe Units

EPA, HUD, and the Department of Justice recently settled two cases against Los Angeles area property management companies that failed to provide tenants with information about lead-based paint hazards. As part of the settlement agreements, Westside Rehab Corp and SK Management Company will pay $40,000 in civil penalties, and $60,000 towards two child health programs. These companies will also test for and remediate lead-based paint hazards in over 4,500 apartment units across the country - approximately 3,223 units in California, and 1,446 units in Arkansas, Washington, DC, Kentucky, Maryland, Tennessee and Texas. For more information on this enforcement action, visit EPA’s website at www.epa.gov/region09/.

Studies Link Lead to Cognitive Deficits Below 10 µg/dL and Delayed Puberty

The April 17, 2003 issue of the New England Journal of Medicine (Vol. 348, No. 16) carries two research studies linking low-level lead exposure to cognitive impairment and delayed puberty in girls. “Intellectual Impairment in Children with Blood Lead Concentrations below 10 µg/dL per Deciliter” found that the largest decline in cognitive impairment in young children occurred well below 10 µg/dL. Researchers screened 172 children at six to twelve month intervals from ages 6 to 60 months. Each increase of 10 µg/dL of lead was associated with a 4.6-point decrease in IQ, while increased lead levels below 10 were correlated with a 7.4-point decrease in IQ. Richard L. Canfield, Ph.D, Charles R. Henderson, Jr. MA, Deborah A. Cory-Slechta, Ph.D., Christopher Cox, Ph.D., Todd A Jusko, BS and Bruce Lanphear, MD, MPH authored the study.

“Blood Lead Concentration and Delayed Puberty in Girls,” examined blood lead levels of girls ages 8 to 18 and found that low-level lead exposure was associated with a delay in the onset of puberty for Hispanic and African-American girls. Researchers compared blood lead levels and pubertal development of 2,186 girls enrolled in NHANES III. Authors, Sherry G. Selevan, Ph.D., Deborah C. Rice, Ph.D., Karen A Hogan, M.S., Susan Y. Euling, Ph.D., Andrea Pfahles-Hutchens, M.S., and James Bethel, Ph.D., compared the age at menarche and a statistical scale for physical maturation with blood lead levels. Blood lead levels of 3 µg/dL were correlated with delayed puberty, when compared with girls with lower levels of exposure.

Changes and Additions to the Alliance’s List Serves

For the past several years, the Alliance has sponsored two list serves dedicated to discussions of lead poisoning prevention issues - Leadnet and LSAmerica. Since 1998, Leadnet has provided a forum for non-profit advocates to share information and ideas about primary prevention policies and strategies. LSAmerica began in 1999 as part of the Campaign for a Lead-Safe America, as a forum for sharing information and tools for prevention education and later evolved into a discussion forum for broader primary prevention issues. The Alliance is consolidating the Leadnet and LSAmerica list serves into one open, larger Leadnet list.

We are also pleased to announce the establishment of a new list serve: Healthyhomesnet. Healthyhomesnet will provide a forum to share information and ideas about policies and strategies to promote and sustain health considerations in renovation, maintenance, operation, and construction of housing. We'd like to focus particular attention on maintenance and rehab of existing properties, practices and policies that apply to low-income housing, holistic approaches, and primary prevention. We welcome postings on lead poisoning that are relevant to other housing-related health hazards.

If you would like to subscribe to Leadnet and/or Healthyhomesnet, please send an email to lfudala@afhh.org with "subscribe Leadnet" and/or “subscribe Healthyhomesnet” in the subject line and the name of your organization and your full contact information in the body of the email.

Funding Opportunities for Community-Based Organizations

On April 22, the National Institute of Environmental Health Sciences (NIEHS) and the National Institute for Occupational Safety and Health (NIOSH) announced the availability of grants for projects that seek to address environmental and/or occupational hazards to low-income, immigrant, and minority populations. A primary goal of this program is to facilitate trust between disadvantaged communities, researchers, and health care providers. Projects should be multidisciplinary in nature and must include a research scientist, health care provider, and community-based organization. NIEHS plans to award approximately $1.67 million for five to six projects. NIOSH will fund two to three new grants totaling $500,000. A letter of intent must be submitted to NIEHS by September 17 and full proposals are due on October 17. For more information, visit http://grants1.nih.gov/grants/guide/rfa-files/RFA-ES-03-007.html.

EPA’s Office of Environmental Justice (OEJ) recently announced a new grant program for eligible non-profit community-based organizations. “Environmental Justice Collaborative Problem Solving Grant Program,” will fund capacity building and collaborative problem solving to address one or more environmental and public health problems facing high-risk communities. OEJ hopes to disseminate lessons learned so that findings can be widely used by other community-based organizations. OEJ expects to fund 15 community-based organizations for three-year periods totaling $100,000 each. Applications are due on September 30. For more information on this grant program including the application kit, visit OEJ’s website at www.epa.gov/compliance/recent/ej.html.