Detroit stalls decision on lead hazard rental amendments

Detroit City Council postponed a vote Tuesday on proposed amendments to the city’s rental ordinance that would overhaul how lead hazards are identified and regulated in rental properties. Some council members sought additional discussion about enforcement mechanisms.

The amendments, developed in consultation with lead safety advocates and based on an 18-month study by the Center for Community Progress, aim to increase compliance with rental safety standards while maintaining critical health protections.

“Simply put, the current approach to enforcing the rental ordinance, despite its good intentions, is too complex. It takes too long to get into compliance, and it’s incredibly costly,” said Matthew Kreis, general counsel from the Center for Community Progress during an Oct. 7 Public Safety committee meeting.

The proposed changes would streamline the inspection process while expanding tenant protections. According to Andie Taverna, director of policy and implementation with the mayor’s office, the new ordinance would “make it very easy for good landlords who are doing the right thing, offering a property in good condition to come into compliance with the city’s rental ordinance requirements.”

Key changes include:

• Combining property condition and lead safety into a single inspection.
• Property owners will no longer be required to perform a lead inspection and risk assessment unless a child under six living on the property has an elevated blood lead level.
• Visual lead inspections are required for all properties, and dust wipe tests are required for those that fail lead inspections. Tests must be repeated until the property clears the dust wipe test.
• Dust wipes are required for properties in census tracts with high lead levels.
• Dust wipes must be repeated every three years.
• Property condition assessments will focus on 15 of the most serious repair issues (37 are currently required).
• Reducing inspection costs from over $1,000 to an annual fee of $150 or less.
• Strengthening enforcement through increased violation tickets and property liens.
• Expanding tenant protections through an enhanced rent escrow program.

The amendments include two recently agreed-upon changes: requiring full lead inspection and risk assessment when a child under six is identified with elevated blood lead levels, and increasing the minimum percentage of the city’s geographic area requiring dust sampling from 10% to 25%.

A more substantial proposed change requiring dust sampling across 100% of the city within six years will be considered a separate ordinance or an amendment to the current ordinance.

However, the proposed changes have drawn criticism from some experts and advocates. Lyke Thompson, director of Wayne State University’s Center for Urban Studies, warned that the amendments could put children at risk by relying on visual assessments to detect lead hazards.

“The current proposal to modify the code will weaken and likely injure children,” Thompson testified. He pointed out that the visual assessment method contradicts federal guidelines, noting that “HUD, EPA, and ASTM say it is limited in its ability to detect lead.” Thompson also argued that the proposal violates Michigan state standards, which require certified lead assessors to use XRF machines for risk assessments.

Taverna indicated that the Michigan Department of Health and Human Services has declined to determine whether the proposed program meets state requirements. Instead, according to Taverna, the state has committed to providing technical assistance to Detroit once the ordinance is adopted to ensure successful implementation.

Update 10/25/24: View the proposed ordinance here>>>

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Despite these concerns, several prominent lead safety advocates supported the changes, including Mary Sue Schottenfels, former executive director of CLEARCorps Detroit.

”Over 1200 Detroit kids are discovered to have lead poisoning each year; however, most Detroit children are never tested for lead, and the number of children with high lead levels is undoubtedly much higher, “Schoenfeld said. “Lead poisoning creates lifelong problems for kids – ADHD, lowered IQ, slowed learning. Later in life, those kids are more likely to drop out of school and be introduced to the criminal justice system.”

Councilman Fred Durhal requested a one-week postponement to address concerns from smaller developers about the proposed lien enforcement mechanism.

“I want to allow myself to talk to some of those folks who would possibly be impacted by that,” Durhal said, emphasizing his overall support for the ordinance.

Dr. Theresa Holtropp, a pediatrician with 24 years of experience at Children’s Hospital of Michigan, endorsed the amendments, noting that the current 2017 ordinance “has not had the hoped-for impact.” She emphasized that the revised ordinance “combines approaches that give better protections to tenants” while incentivizing landlord compliance.

The City Council is expected to revisit the amendments next week in formal session.

Update 10/23/24: This story was updated to include more detail on the proposed ordinance changes.