The lead-paint legislation that passed the General Assembly last month has been heralded as a national model for preventing child lead poisoning. But for property owners, there are plenty of questions that need answering before regulations take hold.
The Lead Hazard Mitigation Act culminates a four-year drive by child-health advocates and lawmakers, led by Sen. Thomas J. Izzo (D-Cranston), to repair the state’s dubious reputation as a hotbed for child lead poisoning. The bill was passed by both chambers and Gov. Lincoln Almond was widely expected to sign the legislation as of last week.
Partly because of its relatively old housing stock, Rhode Island’s rate of lead poisoning is at least twice the national average. A state lead-poisoning prevention law passed in 1991 has helped: Lead poisoning dropped from 23 percent of children tested in 1994 to 8 percent in 2001, according to the Rhode Island Department of Health.
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But health officials and lawmakers agree that the existing law is largely reactive: The Health Department does not force landlords to make rental units safe from lead paint until a child becomes poisoned. And meeting state standards for lead safety is expensive – ranging from $7,500 to $15,000 – which puts a drain on voluntary compliance.
The new bill seeks to remedy both those shortcomings by placing an emphasis on low-cost prevention. It stipulates that all rental housing built before 1978 (the year lead paint sales were banned nationally) must comply with new lead-safe standards that will be modeled after less-stringent federal standards.
For example, instead of replacing lead paint-laden windows, property owners would be allowed to cover up or paint over the contaminated windows in some cases. Landlords in most cases would be able to do lead-mitigation work on their own – without the help of a licensed contractor – for about $1,000, provided the property is otherwise in good condition.
"We’re looking at standards that are going to cost substantially less than standards we’re meeting now," said Susan Bodington, director of policy for Rhode Island Housing and Mortgage Finance Corp., which helps administer a state-funded lead-hazard reduction program.
The new law would affect far more properties, however, because it demands compliance with lead-safe standards before problems surface. It requires independent inspections of all pre-1978 rental units each time a rental unit turns over, or once a year, whichever is less frequent.
But proponents say the rules will be easier, less costly and vastly reduce the incidence and severity of childhood lead poisoning.
"There might be a chilling effect on property owners at first, but in the long run it will result in making lead-safe properties much more doable," Izzo said. "The best part is we don’t wait for a kid to become poisoned."
The new bill also does away with the state’s "innocent owner" statute, which shields landlords from liability in lead-poisoning cases. The new law would clear the way for litigation against landlords whose properties have caused multiple poisonings.
And property owners that comply with the new standards will be entitled to coverage for lead-poisoning damages under their liability insurance. Proponents say that provision virtually eliminates landlords’ risk of renting to families with small children.
Realtors and builders have opposed reforms to the state’s lead-paint laws in recent years. But this year Izzo made sure to include their input as the legislation evolved. As a result, the Rhode Island Association of Realtors decided not to oppose the bill.
Still, several key details must be worked through while regulations are promulgated over the next year. Chief among them: How costs associated with lead-paint mitigation will be held in check.
"I think there will be some heated discussions over how to make that $1,000 a realistic number," said Monica Staaf, the legal counsel for the Rhode Island Association of Realtors, who served as the association’s lobbyist on the lead paint legislation
And, although the bill requires the state to offer property owners technical assistance and training on lead-hazard mitigation, it is unclear where that money will come from.
"We think it’s critical for landlords to understand their obligations," Staaf said. "Right now there’s just no money for this (technical assistance)."
Izzo said federal funding is a likely source for technical assistance, mitigation subsidies and other costs.
"The states have been successful elevating the whole issue of lead poisoning," Izzo said. "Now is the time for the federal government to come forward with real dollars."
The mandatory unit inspections are another potential sticking point for landlords. Aside from being an added cost, inspections could pose problems because of a limited supply of state-licensed contractors specializing in lead-paint inspection and abatement.
"It’s not a small issue, because you could have a lot of vacant units if it’s illegal to rent a unit without an inspection," Staaf said.
Bodington concedes that licensed lead-hazard contractors are in scarce supply, but she said there are provisions in the legislation that could provide incentives for more contractors to become certified.
She added that for large property-management firms, only a sampling of their apartments would be required to be inspected. That provision will help defray inspection costs of large management firms such as such as Bilodeau Property Management Inc., which manage hundreds of apartment units.
Regulations should be completed by April and would take effect in July 2004. The legislation charges the Rhode Island Housing Resources Commission with establishing new lead-hazard mitigation standards, along with public education and technical-assistance programs. The Department of Health still would handle enforcement and respond to lead-poisoning cases.
