Collecting Dust: How NYC is Failing to Penalize Landlords for Exposing Tenants to Lead Dust


Issue Reports & Briefs

September 26, 2019

In 2004 , New York City took a major step to address the serious public health issue of lead poisoning, including poisoning resulting from exposure to lead-based paint dust. By enacting Local Law 1 of 2004, the City mandated the use of safe work practices to protect tenants and workers from harm. The law applies to all buildings with a presumed presence of lead-based paint; in other words, it applies to the nearly two million New York City housing units built before 1960, when lead-based paint was common. The Department of Health and Mental Hygiene (DOHMH) holds the primary enforcement role of the safe work practices provisions of Local Law 1. As the enforcement agency, DOHMH is responsible for ensuring safe work practices, investigating complaints, and assessing penalties. Our group of tenant and environmental justice advocacy organizations used publicly available data from the NYC Office of Administrative Trials and Hearings (OATH), FOIL requests to the DOHMH, and on-the-ground observations of tenant experiences to gain a deeper understanding of enforcement of safe work practices to protect tenants from lead exposure.

In the 15 years since Local Law 1 went into effect on August 2, 2004,

• OATH has processed 2,828 violations containing references to the safe work practices standards in Health Code § 173.14, which specifies procedures and methods for correcting lead-based paint hazards.

• Of the 2,828 total violations, 75% of the primary charges in these cases relate to building conditions that pose risks to tenant and worker health.

• In four out of five cases (79% of the total cases), the OATH hearing sustained the original violation finding, delivering an “in violation” or “default” result. • Overall, 2,212 penalties for violations of Health Code § 173.14 have amassed $1,976,870 in imposed fines.

• Our analysis indicated a shockingly low collection rate for these penalties. Only $10,190—or 0.5 per- cent—of the amount owed in penalties has been paid.

• Only 12 penalties have been collected as a result of OATH adjudications in 15 years. In contrast, DOHMH has a far greater collection rate

Source: NYC Open Data, OATH Hearings Division Case Status, Office of Administrative Trials and Hearings (OATH).

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