Left in the Dust: The Failure to Keep New York City Tenants from Lead Dust Hazards During Residential Construction

Summary

On Wednesday, October 23rd, Lead Dust Free NYC (LDFNYC), the New York City Coalition to End Lead Poisoning (NYCCELP), and TakeRoot Justice released a new report, “Left in the Dust: The Failure to Protect New York City Tenants from Lead Dust Hazards During Residential Construction.” The report was released during a demonstration on the steps of City Hall with tenant leaders, advocates, and elected officials NY State Sen. Brian Kavanagh and New York City Public Advocate Jumaane Williams, who gave remarks about the importance of lead safety. The report shows that the very protections intended to keep tenants safe from exposure to lead dust are not being followed.

LDFNYC partnered with TakeRoot Justice on a participatory action research project to investigate and document construction practices by landlords in residential buildings.

The research, based on 39 surveys administered to tenants across 30 rent regulated buildings in lower Manhattan and Brooklyn, showed:

  • Tenants whose buildings have undergone residential construction report a litany of violations of the safe work practices designed to protect against exposure to lead dust during construction.
  • Nearly all surveyed tenants saw visible dust in their buildings, and the subsequent fears of possible lead exposure caused significant disruption and distress in their daily lives.
  • It is difficult for tenants, especially those who do not have children living in their units, to hold landlords and City agencies accountable for violations resulting in lead dust exposure.

LDFNYC developed policy recommendations through grassroots efforts.  Included in the report is:

  • Introducing new legislation and strengthening and enforcing existing legislation to better protect against exposure to lead dust in residential buildings, regardless of whether children are present.
  • Hiring an adequate number of City staff to monitor the effectiveness of tenant protections and interface with tenants during construction.
  • Implementing stronger penalties for egregious violations of laws designed to protect against lead dust exposure
  • Improving access to publicly available information, including X-ray Fluorescence test results.

There are no safe levels of lead for adults or children, and the inhalation or ingestion of microscopic lead dust is the most common manner by which lead enters the body. The presence of lead dust is not only a public health concern, but also a housing justice issue.

LDFNYC encourages all tenants to educate and empower themselves about lead contamination. LDFNYC demands that the Department of Housing Preservation and Development, Department of Health and Mental Health and Department of Buildings as well as New York State’s relevant agencies strengthen and enforce existing protections and implement new legislation and administrative changes intended to keep all tenants safe from exposure to lead dust. LDFNYC also demands landlords be held accountable for participating in predatory equity – a money-making scheme based upon construction as harassment – which can result in lead dust exposure.

Read the full report here.