Can Impact Home-Based Health Hazards Cleveland Housing Court - - PowerPoint PPT Presentation

How Housing Court Can Impact Home-Based Health Hazards

Cleveland Housing Court Judge Ron O’Leary

Areas of Focus

2 3 1

Education

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Resource Referrals Enforcement Environmental Quality Issues

Environmental Quality Issues

Special Procedures Civil Criminal

Lead and health hazard issues in Housing Court can arise directly and indirectly, in criminal cases, civil cases, and special procedures.

Environmental Quality Issues

• Eviction hearings
• Answers and counterclaims
• Motions to compel repairs
• Applications for release of rent

(deposited with the Clerk of Courts)

• Motions to prohibit re-rental
• Damages claims

Evidence of Environmental Quality Issues Presented at Hearings

K S

• Testimony
• Photos of chipping, paint,

mold growths, or bugs.

• Health Department or
• ther experts’

documents

• Medical laboratory

reports

Enforcement

• The City of Cleveland has set minimum standards for

property maintenance in Cleveland.

• Failing to comply with these standards can subject a

property owner to criminal liability in the form of fines and incarceration.

– Fines can begin at $1,000 for each day out of compliance. – There is no limit as to the amount of the fine. – Jail time can be up a maximum of 180 days for each day a property is out of compliance (18-month maximum.) – If property is owned by a business, fines can be $5,000 for each day out of compliance

Criminal

Enforcement Criminal

• City cites the property owner for code violation for the

presence of lead at the property. Defendant must use certified lead contractor to perform corrections.

• City cites defendant for property not being “weathertight” (i.e.,

peeling paint) – defendant must use lead-safe practices in correcting violations.

• Community control: properties that are not weathertight,
• wned by defendant on community control – must use lead-

safe practices to make corrections.

Enforcement Civil

• Tenant could file complaint or counterclaim for damages

because of exposure to lead in rental property.

• City, local Community Development Corporation, or other

nonprofit could file civil case against property owner because

• f condition of the property, which could include presence of

lead.

Enforcement

Special Procedures

Bailiff Communication/No Re-Rent Orders

• Bailiff communicates orders prohibiting re-rental of property
• Bailiff notes bad conditions when at the property on court business

(e.g. move out).

• If conditions include peeling paint, deteriorated porches, bailiff gives

property owner information on lead and lead-safe practices.

• In effort to educate, we encourage property owner to repair before

specifically cited by City for lead.

• If corrections are not made, court may order inspection, prohibit

landlord from re-renting property.

Enforcement

Special Procedures

Rent Deposit

• Rent deposit: Tenant who is current in rent can give landlord notice of

defective conditions and give landlord reasonable time to repair

• If no repair – tenant may deposit rent with the Court each month until

repairs are made. Repairs may include peeling paint, etc.

Lead Abatement

• All lead-based paint and

lead-contaminated dust has been removed;

• Permanent enclosure or

encapsulation of lead- based paint;

• Surfaces or fixtures painted

with lead-based paint have been replaced;

• Lead-contaminated soil has

been either removed or permanently covered.

Is

• Preventive treatments;
• Interim controls;
• Activities designed to

repair, restore, or remodel even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.

Is Not

Education

• Neighborhood Clinics
• What Every Tenant

Should Know

• What Every Landlord

Should Know

• What Every Investor

Should Know

Community Events

Resource Referrals

L E A D

• City of Cleveland

Lead Hazard Control Program

• Cuyahoga County Board of Health

Lead Safe Cuyahoga

• Environmental Protection Agency (EPA)

Certified Abatement Firms

Where the Lead Initiative Stands

• Cleveland City Council Introduced

“Lead-Safe” Legislation - June 2019

• The proposed legislation would require all landlords and property
• wners to deem properties built before 1978 to be certified lead-

safe by March 1, 2023, with criminal penalties for non-compliance.

• Increases rental registration fees from $35 to $70 (Increases cap for

single owner from $15,000 per year to $30,000 per year)

• Legislation does not require lead testing for young children
• WEWS News Channel 5 Story

Do you have any questions?

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THANK YOU!

▪

• learyr@cmcoh.org

▪ www.clevelandhousingcourt.org