In Settling Lead Poisoning Lawsuit, City Vows To 'Keep Kids Safe'

NEW HAVEN, CT —Pending a Housing Court approval, the city has settled a 2019 class action lawsuit brought by the New Haven Legal Assistance Association over its then lead inspection and enforcement program.

“This agreement sets New Haven apart as a leader of lead poisoning prevention in the state and across the nation,” NHLAA attorney Amy Marx said.

The original lawsuit, filed in May 2019 by on behalf of two children and their parents, alleged that a "city administrator during the tenure of former Mayor Toni Harp stopped mandating lead paint inspections and issuing lead paint abatement when children tested at blood lead levels between 5 and 20 micrograms per deciliter of blood," a news release from the city reads.

“We finally have an agreement on what the law requires, a blueprint for health department protocols that follow the law, and supervisory powers of the court to ensure the law is followed,” Marx said.

“Medical science is clear that the longer a child is exposed to lead hazards, the worse the injuries. The new protections outlined in this stipulated agreement will ensure that the city takes prompt action to ensure lead hazards are identified immediately and abated as promptly as possible, and that the family is moved if such abatement cannot happen promptly enough. These measures will change life outcomes for hundreds of children exposed to lead hazards.”

Mayor Justin Elicker said that city policies and protocols implemented since the lawsuit exceed state requirements and "set a new standard."

"I was proud our city could settle this issue and begin to provide a brighter future for New Haven’s kids," Elicker noted. "Under this agreement, we can ensure that no resident is subjected to unsafe housing conditions from lead paint."

Elicker said that, "Virtually every part of our lead inspection program has been revamped - increasing the number of inspectors from two to six, digitizing our records, ensuring the right equipment and standardizing operating procedures."

"We are keeping kids safe," he said.

The lawsuit sought a court order that city law required children who tested at and above five micrograms per deciliter be "flagged for exposure" rather than above the state lead poisoning threshold of 20, officials said, noting that in late 2019, "the Board of Alders updated the city ordinances to clarify and reinforce the lead threshold at five micrograms per deciliter of blood."

What the city has done since the 2019 lawsuit was brought

In the two years since the suit, New Haven's health department has also implemented and maintained significant and substantial improvements in lead enforcement policies and protocols, according to City Health Director Maritza Bond. Changes include "new operating procedures that ensure efficiency and uniformity of enforcement and align the local ordinance with state regulations," the new release reads and, the health department has "also improved technology and added personnel."

“We have tripled the number of lead inspectors from two to six, have a HUD Acting Program Manager in place to process lead abatement applications, a program coordinator, and a lead outreach worker to increase community education,” Bond said. “Our lead inspectors are also now equipped with electronic tablets and new cellphones, and XRF machines are being purchased for each inspector.”

Bond said the health department will be hiring a new Environmental Health Program Director and a Healthy Homes Coordinator and outside counsel for the lead program to ensure timely processing of lead abatement applications.

New Haven has been awarded $5.6 million in HUD funding for lead hazard reduction and healthy homes. Thirty-nine properties are currently enrolled in the program. As of October 2020, a backlog of 56 cases resulting from the pandemic had all been cleared. From November 2018 to date, the City has closed 239 cases involving children who had a blood lead level equal to or greater than five (5) micrograms per deciliter. The city currently has 158 lead cases open.

New Haven lead cases involving children with a blood lead level equal to or greater than five (5) micrograms per deciliter. Note that some of these children are siblings which would result in a lower case count.

November 1, 2018 – December 31, 2018 – 20
January 1, 2019 – December 31, 2019 – 220
January 1, 2020 – December 31, 2020 – 132
January 1, 2021 – May 10, 2021 – 25
Open cases at present: 158
Cases closed, between November 2018 to present: 239

“Virtually every element of the City’s lead inspection and enforcement program has been evaluated and rebuilt to address the concerns raised in this lawsuit and to ensure the safety of all residents,” Elicker said. “While the City has had an ordinance for many years that required strict standards based on the CDC’s best practices for protecting children, prior to 2020, there was a dispute as to whether the City was not properly following those standards. With our improved practices, now the City will ensure children who have elevated blood lead levels that trigger inspections and require abatement of lead hazard have the protections needed. It is the right thing to do to ensure our kids our safe.”

Establishing lead inspection and enforcement best practices that protect city children from lead poisoning, particularly children of color who are disproportionately impacted by lead poisoning, is the goal, officials said.

The settlement agreement reached between the NHLAA and the city will be reviewed by the Housing Court in mid-June.