HUD Inspector General
Opens Investigation of Breakdown of Grants
The Alliance
for Healthy Homes has accused the U.S. Department of Housing and Urban Development
(HUD) of improprieties in the award of $168 million in federal grants for lead
poisoning prevention and healthy homes. In October, the Alliance called on the
HUD Inspector General and General Counsel to investigate the process by which
the Office of Healthy Homes and Lead Hazard Control (OHHLHC) reviewed and awarded
its FY 2004 lead safety and healthy homes grants. The Inspector General responded
to the complaint by opening a case in late October. The Alliance’s complaint
to the HUD Inspector General can be found at www.afhh.org/aa/aa_policy_federal_agencies_request_for_IG_Invest.pdf.
The Alliance believes that OHHLHC failed its
duty to perform a thorough and competent review of the almost 300 applications
received in its rush to award lead safety and healthy homes grants to meet an
artificial end-of-fiscal-year deadline. OHHLHC improperly delegated decision-making
authority to a contractor, whose reviewers may not have been properly trained
or qualified. The tight schedule made it difficult for contract reviewers to
perform thorough evaluations, and delays left little or no time for voting members
of the Application Review Panels (ARPs) to review the applications and make
deliberative decisions. It appears that the schedule forced the ARPs to accept
the contract reviewers’ suspect evaluations and that applicants’
performance on prior grants was ignored. As a result, the funding decisions
that flowed from this flawed process do not reflect the merit of the applications
submitted. If the Inspector General investigation confirms these charges, these
failures amount to abuse and mismanagement approaching dereliction of duty.
In addition, 41 people, representing a wide
variety of healthy homes organizations, sent a letter to HUD Secretary Alphonso
Jackson, requesting that he investigate the alleged grant process failures,
hold those responsible accountable, reevaluate the 2004 grant applications to
provide funding to cities and nonprofit organizations that were inappropriately
denied, and ensure that these problems do not happen again. The letter also
called upon Jackson to push for full funding of lead hazard control and healthy
homes grants.
Several members of Congress, including Reps.
Jan Schakowsky (D-IL) and Peter Visclosky (D-IN) and Sen. Richard Lugar (R-IN),
have also registered concerns with HUD over the OHHLHC grantmaking process.
Mold Was Prevalent
Legislative Issue in 2004
Echoing a flurry of activity in 2003, this
year’s state legislative sessions witnessed a variety of proposed bills
intended to address indoor mold problems. Lawmakers in twenty-six states introduced
bills covering a range of mold issues, with two states passing new laws and
a handful of other states still debating mold legislation.
This legislative activity occurred against the backdrop of a new scientific
report on indoor mold that garnered significant media attention. The Institute
of Medicine of the National Academy of Sciences released Damp Indoor Spaces
and Health in May. The authors of the report concluded that excessive moisture
in buildings is a nationwide public health problem. They also found that mold
is significantly associated with asthma attacks, that people with compromised
immune systems can suffer a variety of ills when exposed to mold, and that mold
is a respiratory irritant. The authors concluded that mold itself is not toxic,
but some species of mold, under specific conditions, produce toxins that can
harm human health. The authors also stressed that more research is needed on
preventative measures and other potential health effects of mold.
State legislators proposed a wide range of
measures in an attempt to respond to growing public concern over mold in housing.
However, much of the legislation proposed in 2004 focused on “after-the-fact”
issues—remediation, clearance standards, and insurance claims—rather
than prevention through avoiding moisture problems in the first place.
South Carolina passed SB 949, which offers
incentives to real estate agents to disclose the presence of moisture and mold
problems in homes for sale: if an agent provides proper disclosure, customers
may not bring a lawsuit against the agent related to mold and moisture issues.
In Virginia, a commission that studied residential mold growth recommended HB
824 to the state legislature, which was ultimately signed into law. This law
requires landlords to disclose to tenants in writing any visible evidence of
mold growth in their rental units. States where proposed mold disclosure requirements
did not pass include California, Tennessee, and Washington. Disclosure bills
are still pending in Michigan, New Jersey, and New York.
Mold-related insurance was the focus of bills
introduced in Connecticut and Maryland, and several states considered legislation
to create task forces to study mold as a pubic health problem.
In Illinois, Massachusetts, New Jersey, and
New York, bills are still pending that would require the development of exposure
limits to mold toxins and standards for mold remediation. Similar measures failed
in Indiana and Utah.
It is clear that indoor mold is a public health
issue, especially for those with asthma, allergies, and depressed immune systems.
However, like in 2003, many of the bills introduced in 2004 overlook commonsense
moisture control measures that can keep mold from becoming a problem in the
first place. Construction and rehabilitation that provide adequate ventilation
and good drainage and repair practices that fix or prevent water leaks and other
sources of excessive moisture can greatly help prevent indoor mold growth. Such
measures can also reduce dust mite levels, curb indoor bacterial growth, and
prevent peeling, chipping, and flaking of lead-based paint as part of an overall
healthy homes strategy.
EPA, Tenants
Hold Landlords Accountable in Lead Hazard Disclosure Cases
In early October, the EPA issued a disclosure
complaint against the owner and managers of 219 apartment units in New Haven,
CT, and ordered them to pay a fine of $115,940. In July 2003, the EPA discovered
that both the owner and managers were violating federal law by not consistently
notifying renters of existing lead hazards.
Tenants in a New York City rental property
reached a private settlement with a landlord in another disclosure case resolved
in October. In 2003, the city’s Housing Court issued an order to the owner
of an apartment building to correct lead paint violations. The landlord failed
to comply, and then rented the property to the tenants without disclosing the
known lead hazards. The settlement agreement requires the landlord to waive
all rent through the end of 2004 and pay double damages to the plaintiff, a
total value of $15,000. The landlord must also pay attorneys’ fees of
$2,500.
In another federal lead disclosure case, a
federal district court in Rhode Island held that a real estate broker who sold
a house to a landlord was not liable to the landlord’s future tenants
for his failure to disclose, ruling that the law was never meant to impose duties
to notify third parties of known lead hazards. When he purchased the house,
the landlord signed an agreement in which the broker indicated no knowledge
of lead hazards in the house. The landlord then renovated the home without using
lead-safe work practices, exposing the future tenants to lead dust. The court
stated that it was the landlord, not the broker, who owed the disclosure to
the tenants.
The federal disclosure law offers a powerful
lever for corrective action in rental housing in every city and state. The Alliance
has developed a Tool Kit to assist health departments, community-based organizations,
and HUD grantees with using the disclosure law to expand the supply of lead-safe
housing. The kit features policy and legal documents related to disclosure,
such as a Model State/Local Disclosure Law, Overcoming Barriers to Data-Sharing
Related to HIPAA, and a guide on utilizing the federal law’s private cause
of action to bring citizen suits against violators. Tools for implementing various
disclosure leveraging strategies include outreach materials for landlords and
tenants, tenant tip collection forms, and a guide on documenting disclosure
violations. Some of the materials in the Tool Kit are in Spanish as well as
English. There is no charge for the Tool Kit. Please contact the Alliance at
202-543-1147 or afhh@afhh.org
to request your free copy. You can also find the Tool Kit at www.afhh.org/res/res_Operation_LEAP_toolkit.htm.
NJ
Adopts Regulations for New State Lead Hazard Control Loan and Grant Program
New Jersey adopted new regulations in October
that implement portions of the state’s Lead Hazard Control Assistance
Act of 2003. The new regulations govern the operation of the new lead hazard
control loan program.
Under the regulations, the state’s Department of
Community Affairs has the authority to provide deferred payment loans to property
owners who seek to control lead hazards on their properties. The Lead Hazard
Control Assistance (LCHA) Fund is focused on work in high-risk rental properties
and will also provide resources to relocate tenant families while lead hazards
in their homes are being repaired.
Loans from the LHCA Fund will be made to owners whose properties
contain documented lead hazards and were built prior to 1978. Loan amounts range
from $5,000 to a maximum of $150,000 per dwelling unit. Owners wishing to use
the LHCA Fund for a full lead abatement project must relocate all building occupants
and meet state lead-based paint abatement standards. Low-income owner-occupants
of buildings with one to four units may also be eligible for forgivable loans.
State officials and advocates predict that the LHCA Fund
will encourage hundreds of property owners throughout New Jersey to make their
properties lead safe. They also see potential positive impacts on jobs, the
economy, and regional smart growth policies as older buildings in urban centers
and core suburbs are renovated and made safe for families.
For more information on the New Jersey regulations,
see www.state.nj.us/dca/dhcr/leadadoptntc.pdf
or call Kristy Paolillo of the state’s Department of Community Affairs
at 609-292-6420.
Health Becomes Major
Concern for HOPE VI Program, Housing Quality Improves for Relocated Families
Families surveyed by HUD’s HOPE VI Panel
Study say that they are very concerned about their health, with obesity, high
blood pressure, depression, and asthma listed among the top health problems
reported by respondents. The HOPE VI Panel Study examined the physical and mental
health of a sample of adults taking part in HOPE VI as part of the program’s
goal of addressing the social and economic needs of participants.
HOPE VI is a national HUD-funded program intended
to rebuild severely distressed public housing developments, reduce isolation
and concentration of very low-income families, and provide support services
to residents.
As reported in a publication by the Urban
Institute, Panel Study respondents suffer rates of various diseases higher than
the general U.S. population. The Panel Study also concluded that asthma may
be directly attributed to poor housing conditions that contain triggers such
as mold, rodent dander and droppings, and cockroaches. Twenty-two percent of
the Panel Study’s adults have asthma, compared with 11 percent of adults
in the general population. Moreover, substandard housing and stress contribute
to more frequent asthma attacks in Panel Study respondents, with 13 percent
of adults experiencing at least one annual asthma attack (three times the national
average) and eight percent having had an attack so severe it required a visit
to the emergency room (more than eight times the national average).
The report recommends that the HOPE VI program
do more to improve housing conditions and provide adequate relocation assistance
to those participants with chronic health problems. The Institute also stressed
the need for health programs targeting HOPE VI to address substandard housing
conditions and their associated health risks, as well as the extremely low incomes
of many participants in HOPE VI.
According to another Urban Institute report,
HOPE IV participants who relocated from their old neighborhoods described significantly
improved housing conditions to the Panel Study. In their new homes, fewer families
reported peeling paint and plaster, mold infestation, water leaks, and units
with broken heaters, all of which can seriously impact occupant health. A large
majority of families also described their new homes as better than the distressed
housing they left behind. Despite these improvements, however, the Panel Study
found that relocated residents still live in lower quality housing than other
poor renters.
Early Exposure to
Cigarette Smoke and Pollutants Linked to Increased Childhood Asthma Risk
A recent study published in the journal CHEST
documents links between asthma and early life exposures to environmental tobacco
smoke and a certain class of pollutants found both inside and outside the home.
Researchers from the Columbia Center for Children’s
Environmental Health at Columbia University found that children exposed to polycyclic
aromatic hydrocarbons (PAHs) in the womb and then exposed to environmental tobacco
smoke in infancy were more likely to experience difficulty breathing, coughing,
wheezing, and other asthma symptoms later on in childhood than children who
are not exposed to these hazards. While unsure of the exact nature of the interaction
between PAH and environmental tobacco smoke exposures, researchers pointed out
that PAHs easily reach a developing fetus and damage its DNA, which may impact
respiratory development and leave the future child’s airways more at risk
to damage from environmental tobacco smoke.
Exposure to PAHs and environmental tobacco
smoke can be especially high for people living in substandard housing. Sources
of PAHs include poorly maintained residential heating equipment and improperly
vented combustion appliances such as water heaters and gas stoves. Smoking cigarettes
also releases PAHs into the home environment.
San Francisco
Report Highlights Environmental Injustice
Greenaction for Environmental Health and Justice
and the Bayview Hunters Point Mothers Environmental Health and Justice Committee
recently released the findings of a year-long environmental health study of
the Bayview Hunters Point neighborhood of San Francisco. In their report “Pollution,
Health, Environmental Racism and Injustice: A Toxic Inventory of Bayview Hunters
Point, San Francisco,” the organizations documented that the predominantly
African-American community is exposed to some of the highest amounts of indoor
and outdoor environmental health hazards in the entire Bay Area.
The report notes that levels of indoor air
pollutants can be many times higher than concentrations found outdoors, and
that most people, including residents of Bayview Hunters Point, spend up to
90 percent of their time indoors. Most susceptible to such indoor environmental
hazards are children, pregnant women, and the elderly.
Specific housing-related health threats facing
residents of Bayview Hunters Point include carbon monoxide, deteriorated lead-based
paint, rampant cockroach infestations, and excessive moisture and mold. The
neighborhood is home to four properties owned by AIMCO, one of the nation’s
largest property management firms. These four properties were heavily infested
with mold in 1999, with 530 of the 604 units showing “visible mold growth.”
The properties’ problems are now the subject of a settlement agreement
with the City and County of San Francisco.
People living in Bayview Hunters Point pay
the price of such concentrated environmental health hazards. For example, the
report shows that asthma, often triggered by housing-related hazards, is a significant
problem in the neighborhood. Some 15.5 percent of Bayview Hunters Point children
have asthma, as do 10 percent of adults in the neighborhood.
Rep. Pelosi
Introduces Coordinated Environmental Health Network Act
U.S. Rep. Nancy Pelosi (D-CA) was joined by
Reps. Stephanie Tubbs Jones (D-OH) and Louise Slaughter (D-NY) and U.S. Sens.
Lincoln Chafee (R-RI), Hillary Rodham Clinton (D-NY), and Harry Reid (D-NV)
in early October to introduce the Coordinated Environmental Health Network Act,
HR 5335 (S 2953 in the Senate). The main goal of the legislation is to improve
the U.S. public health community’s ability to respond to a variety of
environmental health hazards.
While local, state, and federal agencies monitor
both disease rates and environmental hazards, there is no current system that
looks at the relationship between disease and environmental hazards on a consistent
basis. HR 5335 would address this need by creating a network to collect, analyze,
and report data on the rate of diseases and the presence of environmental hazards
and exposures. The network would coordinate national, state, and local efforts
to inform communities, policymakers, public health officials, and researchers
of environmental health hazards and their links to disease, and would also integrate
this information into the larger public health system.
Advocates see such a network as helping promote
environmental justice for low-income Americans, including families living in
substandard housing. A network like the one envisioned in HR 5335 could help
environmental and community-based organizations make housing-related hazards
a highly visible public health issue, potentially spurring action to improve
housing conditions in communities across the country.
NIEHS
Study: Pediatricians Need More Environmental Health Training
Doctors and nurses need more environmental
health training to prevent, recognize, and treat diseases caused by environmental
exposures, according to a new study funded by the National Institute of Environmental
Health Sciences (NIEHS). The study, conducted by the National Environmental
Education and Training Foundation, recommends that medical and nursing schools
add environmental health topics to training programs.
The study also identifies key medical and
nursing organizations that could help promote environmental health training,
such as the American Academy of Pediatrics and the Association of Faculties
of Pediatric Nurse Practitioners.
The group studied the medical and nursing
education systems from undergraduate education through continuing medical education
courses. The experts identified opportunities in the educational system, such
as licensing exams and fieldwork for nurses, where environmental health education
could be incorporated. The group also recommended that government organizations
should focus on advancing children's environmental health issues.
Previous studies have shown that pediatric
residency and undergraduate medical and nursing education programs do not routinely
include comprehensive pediatric environmental health training in their curricula.
Few pediatricians are trained to ask their patients questions on environmental
exposures or give advice on environmental poisons such as lead or pesticides,
although most see patients with health issues related to the environment, and
a majority of parents express worries about their children's exposure to environmental
poisons.
The National Center for Healthy Housing recently
updated its online guide to HUD’s Lead-Safe Housing regulation. The update
incorporates HUD’s June 2004 revisions to the rule. The online guide can
be found at www.centerforhealthyhousing.org/1012.
New NIEHS Director
Named
Dr. David Schwartz was named the next Director
of the National Institute of Environmental Health Sciences (NIEHS) and the National
Toxicology Program in October.
Dr. Schwartz currently serves as director of the Pulmonary, Allergy, and Critical
Care Division and Vice Chair of Research in the Department of Medicine at Duke
University. At Duke, Dr. Schwartz has played a principal role in developing
three interdisciplinary centers focused on environmental health.
Dr. Schwartz will begin working with NIEHS on April 4, 2005 and will replace
Kenneth Olden, Ph.D., who has led the Institute since 1991. For more information,
visit www.nih.gov/news/pr/oct2004/od-25.htm.
IPM Booklet Available
from EPA
The EPA is making available a booklet containing
important information on integrated pest management (IPM) for cockroaches, mice,
and rats. “Safe Control Cockroaches and Rodents: Using IPM in Your Neighborhood”
provides a brief description of IPM principles, presents photo identification
of several species of indoor pests, and explains a variety of IPM techniques
through easy-to-read descriptions and a selection of pictures.
To order copies of the IPM booklet, please
contact Mary-Jean Lormand in the EPA’s Office of Pesticide Programs at
lormand.mary-jean@epa.gov
or 703-305-5017.
NIEHS
Develops Environmental Health Science Web Resource
As part of its mission to make its research
findings available to the general public, the National Institute of Environmental
Health Sciences (NIEHS) has developed a new web resource. The Environmental
Health Science Education website provides teaching materials for students and
educators on topics including asthma, carcinogens, and risk assessment. The
website is divided into three sections for ease of accessibility—one for
students, one for teachers, and one for scientists.
All information on the website is searchable
from its homepage. Site visitors can also schedule tours of the NIEHS campus
in Research Triangle Park, NC, and can request classroom visits by NIEHS scientists.
The website also makes many resources available in Spanish.
The Western Regional Conference on Mold, Lead, Healthy
Homes, and Children’s Environmental Health will be held in Berkeley, CA,
November 17-19. The conference will cover children’s environmental health;
health education; lead hazard control and healthy homes practices, programs,
and policies; and mold prevention, assessment, and remediation. More information
is available at www.leadmoldconferences.com/04pdfs/2004WesternRegConf.pdf
or by calling Steve Weil at 1-800-590-6522.
The Institute of Medicine (National Academy of Sciences)
is hosting a regional Roundtable workshop at the University of Iowa in Iowa
City, November 29-30. The workshop, Rebuilding the Unity of Health and the Environment
in Rural America, will focus on a variety of topics, including health and the
built environment. The workshop will include dialogue among business leaders,
urban planners, public health scientists, environmental scientists, health care
providers, educators, and the general public. Registration information is available
at www.iom.edu/event.asp?id=21316.
The U.S. Environmental Protection Agency will hold its
5th Annual Tools for Schools (TfS) National Symposium on December 2-4, 2004,
at the Grand Hyatt Hotel in Washington, DC. TfS is an initiative to help school
officials and other stakeholders assess, resolve, and prevent indoor air quality
problems and reduce exposure to asthma triggers in school facilities. Attendees
will learn about resources and materials to help them support and implement
good indoor air quality practices in schools. More information and online registration
are available at www.epa.gov/iaq/schools/symposium.html.
There is no registration fee for this conference.
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