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Poor children still in danger from lead in their homes

New York City's legislation Local Law 1 regarding the removal of wall coverings and window frames containing lead is one of the strictest in the country. However, until August of 2005, it was residents, not landlords, who had to request inspections from the Department of Housing Preservation and Development. If the residents did not make the request, then landlords were able to wash their hands of their responsibility.

Many of us probably did not know that lead was used in wall paints for many years, or that it causes lead intoxication in children. This chemical element can enter the body through contaminated water, but the most frequent cause is paint. In large amounts, lead can induce a coma or convulsions and can be fatal.

The New York law that passed in 1999 severely restricted renters’ ability to sue landlords who did not want to carry out the repairs. Requirements under this law included removing only peeling or cracked plaster, cleaning the building of lead dust contaminated; the air did not fall under the landlords' direct obligation. Meanwhile, children frequently put pieces of the wall that have fallen off into their mouths, or inhale lead dust.

The new law, into effect in August 2005 places all responsibility for the removal of wall coverings containing lead on landlords. They must take the initiative to clean walls and to hire qualified workers. Also, the amount of time landlords are allowed to respond to a complaint has been defined as a period of 21 days from the time of the resident's request.

Statistics already show the positive results of this new law, which was not well received by landlords. In 2004, 10,581 violations connected with landlords' reluctance to remove wall coverings containing lead were recorded; but since Local Law 1 went into effect, there have been 27,143 violations recorded.

There have been negative aspects regarding landlords' reluctance to carry out repairs in a timely manner. The standard response is that the cost of cleaning work has increased sharply. The work must be carried out by a company licensed by the Environmental Protection Agency (EPA), and requires the help of specialists. It turns out that more violations are being recorded while repairs are taking longer.

Landlords have not disguised their desire to relax Local Law 1. The City Council, however, has no intention of meeting them halfway. City Council members are of the opinion that children should not suffer.

The good news is that, according to the New York City Department of Health, instances of lead poisoning in the city are steadily decreasing. In 2002, 3,985 cases were officially recorded, while in 2003, there were 3,413 such cases. Data for the past two years is not yet available. It is clear, however, that the new law will help decrease the number of victims even more.

Head of the Department of Health, Dr. Thomas Frieden, has stressed that lead poisoning in children can be prevented if there is a desire to do so.

The use of lead in paint production was banned in 1978, yet, it can be found in many of the New York apartment buildings erected before 1960. Those readers who live in such buildings (with no less than three apartment units) should point out peeling or cracked paint to their landlords right away. If the landlord refuses to carry out repairs, readers should call 311 and lodge a complaint. The law stipulates high fines for landlords who ignore the requests of tenants to clean their homes of wall coverings.

Of course it is possible to scrape old paint from the walls on your own; it is, however better to use trained professionals.

 

In News section of Edition 209: 2 March 2006

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