Resources

Every day, children in the United States are exposed to lead-based paint, which was used in most homes until it was banned in the US in 1978. The World Health Organization states that lead poisoning “can severely damage the brain and central nervous system causing coma, convulsions and even death.” Children who survive lead poising are often burdened with lower IQ, behavioral issues, poor school performance. They often find themselves in a cycle of poverty and violence. Although lead poisoning that results from paint accumulates over time and is entirely preventable, the childhood lead crisis continues to plague many, especially those in low-income households. 

Cleveland, Ohio, where my national health law practice is based, is one of the most severely impacted cities in the US. News outlets have reported that about 90% of Cleveland’s home were built prior to 1978. The lead paint dust settles into the air and on surfaces where it is picked up by children. In fact, the Cleveland Department of Public Health reports that approximately 1,500 kids in Cleveland alone are poisoned every year. But the problem is also national and even global. The Institute for Health Metrics and Evaluation has found that more than 1.5 million deaths globally were attributed to lead exposure in 2021. 

Federal, state and local governments are all increasingly focused on addressing this public health crisis. For example, in 2019, Cleveland passed an ordinance imposing requirements on landlords to pay for private inspections of lead and secure lead-safe certificates. Further, Cleveland has imposed requirements that disclosures are made to renters and homebuyers if a home has an identified lead hazard. 

In our experience, it is clear that many landlords are not aware of or are not following these requirements. Buyers of Cleveland properties have been victims of fraud and misrepresentation with respect to identified lead hazards. Landlords often realize that their insurance policies will not cover lawsuits or damages resulting from lead contamination. Ambiguities in the Cleveland interpretation of its requirements as well as challenges in the administration and enforcement of the laws have posed a challenge even for the most responsible and well-intended landlords who want to ensure that their properties do not endanger residents. Lead remediation is very expensive, and it takes work for landlords to identify potential sources of funding at the federal, state, and local level. 

We urge property owners and landlords to educate themselves about not only the lead crisis itself but also the federal, state and local regulations and resources. Further, we urge them to reach out and ask for help from advisors, such as our firm, and also from governmental agencies and community groups that can provide guidance. Landlords must act now to mitigate their own liability, afford themselves of available resources, and be part of the solution to this complex problem.

If BMD can be of any further assistance with respect to lead-safe regulations, financial assistance, liability, or related considerations, please feel free to reach out to Kate Hickner at kehickner@bmdllc.com or 734.945.3293.