Lead Poisoning: Know Your Rights Lead Safe Cleveland Coalition - - PowerPoint PPT Presentation

Lead Poisoning: Know Your Rights

Lead Safe Cleveland Coalition Summit

Abigail C. Staudt, Esq. Danielle Gadomski Littleton, Esq. June 21, 2019 The Legal Aid Society of Cleveland abstaudt@lasclev.org dglittleton@lasclev.org

Who We Are Founded in 1905, The Legal Aid Society of Cleveland is a non- profit organization which provides free legal assistance to low income people with civil legal problems. Our Mission To secure justice and resolve fundamental problems for those who are vulnerable by providing high quality legal services and working for systemic solutions.

What We Do

Legal Aid provides free legal information, advice, representation and advocacy for low income people and communities experiencing civil legal problems. Housing Immigration Income & Public Benefits Work & Employment Consumer Education Elder Law Family

Cleveland’s Lead Problem

• Over 10,000 children have been poisoned in the last 5 years
• Cleveland’s rental housing stock is old –
• 90% of housing in Cleveland built before 1980
• 65% of housing in Cleveland built before 1950 (cut off ODH report uses as risk

factor for lead)

• More children are poisoned by lead in Cleveland than in any other city in Ohio. In

2015, 12.21% of the children tested in Cleveland had elevated levels. Statewide 2.81% of children tested had levels above 5 ug/dl.

• In Glenville, 26.5% of children tested in 2014 had elevated blood levels.

Lead Dust Vial Demonstration

Brain

Liver Kidneys Bones

Get Tested for Lead

Young Children at Risk Children 6 years old and under are at most risk for damage from lead poisoning. Children may be at risk of lead poisoning if:

• They live in or visit a home built before 1978.
• Paint is peeling on windows or doors.
• Large patches of bare dirt are exposed around their home.

Child Testing

Blood Tests Have your child’s doctor test your child’s blood lead levels.

• If you are covered by Medicaid, the lead screening will be

covered.

• If the blood lead level is above 5 μg/dl there is cause for

concern.

• If the blood lead level is above 10 μg/dl, Ohio law requires

the Ohio Department of Health or a local health department to inspect the child’s home for lead hazards. Update your contact information with the child’s doctor to ensure the Department

• f Health can inspect.

Testing the Residence

Call the Ohio Department of Health at 877-532-3723 to get more information on having the place a child lives or visits tested for lead. Cleveland residents should call 216-664-2175. Other Cuyahoga County residents should call 216-201-2000. The Proposed Ordinance will require all rental units to be inspected and to pass a lead clearance exam by 2023.

Lead: A Condition Issue

Landlord is obligated to keep the unit fit and habitable

• Lease and/or R.C. 5321.04

Lead hazards are a condition that impacts health and safety. Under the Cleveland Code, lead hazards are considered a nuisance. Landlords are required to disclose any known lead hazards

Get the Lead Out

Tenant can enforce their rights by using the Rent Deposit Procedure. A tenant residing in a rental unit built before 1978 can notify the landlord in writing if there is any peeling paint, large patches of bare dirt on the premises, or if a child residing in the home has lead poisoning and request that your landlord make repairs. This request can be made EVEN IF A CHILD HAS NOT YET BEEN POISONED. Key places to look: window sills, door jams, and porches

Getting Repairs Done

• 1. Put request for repairs in writing.

a.

List each issue, specifically

b.

Sign and date

c.

Send to landlord’s address (or where you send rent)

d.

Keep copy of letter and proof of sending it → Exceptions: no address, landlord rents 3 or less units

• 2. Landlord must remedy conditions in “a

reasonable amount of time,” but no longer than 30

• days. R.C. 5321.07(B)

→ Compare: no hot water to broken cabinet door

Getting Repairs Done (continued)

3.Consider calling code enforcement/health department.

• City of Cleveland Div. of Code Enforcement: 216.664.2007
• City of Cleveland Dept. of Public Health: (216) 664-2324
• 4. Landlord cannot retaliate against tenant

complaining about conditions or calling code enforcement.

→ Unless owe rent, caused issue, etc.

• 5. Document. Document. Document.

When Landlords Won’t Make Repairs

Remedies available to tenants under Rent Deposit code (R.C. 5321.07):

• 1. Pre-requisites:
• Gave written notice of conditions
• “reasonable” amount of time has passed
• Current in rent
• 2. Tenant can pick one of three options:
• Terminate Lease
• Rent Deposit
• Ask Court to Order Landlord to Remedy Conditions
• Rent may be released in part or in full to tenant

When Landlords Won’t Make Repairs (cont.)

Other remedies available:

• Independent lawsuit or counterclaim in eviction

action:

• Injunctive relief: ask court to order landlord to do/not do

something

• Damages claim
• For example:

→ Costs associated with bad conditions → Decreased value in rent

Only as counterclaim in eviction action:

• Motion to Prohibit Re-Rental (R.C. 1923.15)
• Allows for inspection & requirement that conditions be corrected

When Landlords Won’t Make Repairs

DO NOT STOP PAYING RENT Why?

Tenants risk eviction for non-payment Tenants lose right to rent deposit & retaliation defense

Other Potential Legal Claims

Personal Injury Claims: A parent with a child with lead poisoning may have legal claims against a landlord, including personal injury claims

• Note: Depositing rent or raising lead hazards in a

counterclaim against your landlord in an eviction may waive your rights to sue your landlord for any injury resulting from the lead poisoning. To consider any claims against your landlord, consult with an attorney before depositing rent.

Early Intervention Services

As of July 1, 2019, any child with an Elevated Lead Level of 5 mg/dL or more can qualify for Early Intervention Services OAC 5123-10-02 Appendix C Early Intervention Services may include:

• Service Coordinator from Bright Beginnings
• an Occupational Therapist
• a Physical Therapist
• a Speech/Language Pathologist
• a Developmental Specialist from the Cuyahoga County Board of Developmental

Disabilities

• an Early Childhood Mental Health Therapist

Bright Beginnings in Cuyahoga County

Services can be accessed by:

• A referral by a medical professional
• Calling (216) 698-7500 in Cuyahoga County or

(800) 755-4769 throughout Ohio Services provided until age 3 with transition to preschool services

Special Education Needs

Lead exposure may cause

• lowered IQ
• learning delays
• speech delays and
• behavioral problems

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Special Education

Parents who think their child needs special education services should ask the school in writing for a special education evaluation

• Date the request
• Include contact information on the request
• Take a copy to the board of education
• Keep a copy!!

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Special Education

Disability must fall within one of thirteen categories of disability AND Disability must have an adverse effect on student’s education * NOTE: Education is broader than academics Lead is listed as example of Other Health Impairment

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Special Education Evaluation Timelines

If a parent requests an evaluation:

• District must respond to a parent’s request for evaluation within 30 days in writing
• Evaluation must be completed within 60 days after parent gives signed consent
• If child qualifies for special education, team has 30 days to draft an IEP

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Legal Aid Intake

Cuyahoga, Lorain, Lake, Geauga, and Ashtabula Counties Intake: 888-817-3777