lead and your home legal information letter

Neighborhood Legal Services, Inc.

LEAD AND YOUR HOME
(Private Housing)
© 1991 by Neighborhood Legal Services, Inc.
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Lead poisoning means you have too much lead in your body. Your body has no use for lead at all.

Lead poisoning affects people's minds and bodies. Children and unborn babies are especially at risk from lead poisoning because their bodies and nervous systems are still growing. Lead poisoning can reduce children's intelligence.

Children who are lead poisoned are more likely to have behavior and discipline problems. They are more likely to drop out of school.

A person can be poisoned by eating lead or breathing lead dust. Until 1977, lead was used in house paints. In older buildings, there is usually a lot of lead paint. Peeling or cracking paint in older houses and apartments can be dangerous. Some children like the taste of paint chips, and chew on window sills and paint chips that fall on the floor.

You can get poisoned by breathing air with lead dust in it. Scraping paint off walls or vacuuming up paint chips from floors can spread lead dust around the house. Lead dust can get on children's hands, pacifiers, and toys. When children put things into their mouths, they can swallow lead dust and poison themselves.

Yes. Thirty-three percent (33%) of the children tested in Erie County have lead levels that are too high. In Buffalo, almost 65% of children have lead toxicity.

The best way to find out is to get a blood test. You can call your doctor or clinic or the Health Department at 858-7672 for more information about testing.

The federal Medicaid Act requires children to be tested for lead as part of the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program. If you are eligible for Medicaid, make sure that your child is tested for lead through the EPSDT program.

WHO CAN I CALL IF I THINK THERE MIGHT BE LEAD PAINT IN MY HOME OR IF THERE IS CRACKING OR PEELING PAINT IN MY HOUSE?

Your local Health Department is responsible for investigating violations of lead paint laws. In Buffalo, the phone number is 881-4052.

CAN I WITHHOLD MY RENT IF THERE IS LEAD PAINT IN MY HOUSE AND THE LANDLORD REFUSES TO FIX IT?

Withholding rent is a very serious step. You should talk to a lawyer before you do so. You can call Neighborhood Legal Services at 847-0650 for more information. If you do decide to withhold your rent, DO NOT SPEND IT.

WHAT SHOULD I DO IF MY LANDLORD DOES FIX THE LEAD PAINT PROBLEM, BUT DOES A MESSY JOB?

If your landlord doesn't know how to properly deal with lead paint (s)he could end up filling your home with lead dust. Your children could become sicker and your home could become an even more dangerous place to live.

Call the Health Department immediately and tell them what is happening if your landlord does repairs in a messy way.

If you or your child is seriously harmed by lead, then you may be able to sue those that caused the harm. Many lawyers will handle lead cases without charge: they will take a part of the damage award, if any, as payment. Legal Services lawyers do not handle these types of cases.

Caution: You may have a limited time to sue. If you do not meet the time limits, you may lose the right to sue. So, if you are thinking of suing, you may wish to contact our office. We do not handle such claims, but we may be able to assist you with referrals and other information.

For more information about childhood lead poisoning you can call the toll-free 24 hour national lead information hotline at 1-800-LEAD-FYI.