Louisville landlords must remove lead-based hazards from rental units under new law

LOUISVILLE, Ky. — Nearly 10,000 children in Louisville from 2005 to 2021 tested positive for elevated levels of lead in their blood. 

But that figure is likely higher when accounting for decreased funding for screenings and many families lacking access to regular preventative care, according to Metro Government officials. 

Louisville lawmakers are now seeking to fight back against lead, a neurotoxin the American Academy of Pediatrics and other public health bodies warn can, even at low exposure levels, impact a child’s cognitive development, impulse control, literacy skills, concentration and physical growth. 

Children from lower-income families are often impacted the most. 

Metro Council unanimously approved Thursday an ordinance that Councilwoman Cassie Chambers Armstrong, D-8th District, introduced this year to create a “Lead Abatement Program” and require landlords to remove all lead-based hazards from rental properties, with some exemptions and different time requirements. 

The ordinance takes effect two years after its passage.

“We know the devastating, life-long impact that exposure to lead can have for our kids,” Chambers Armstrong said this year in a news release announcing the proposal. “We also know what we need to do to solve this problem: ensure our kids are able to live in lead-free environments. This ordinance is a huge step toward making sure every child in Louisville has access to lead-free housing.” 

Chambers Armstrong added during a Nov. 10 caucus meeting that she held "hundreds of hours" of meetings with various organizations and groups regarding the proposal.

What does the lead abatement ordinance require? 

The owner of a rental housing unit built prior to 1978 will be required under the new ordinance to register the property on a “Lead-Safe Housing Registry,” which the Metro Department of Public Health and Wellness will manage. 

Many homes built before 1978 were constructed in part with lead-based paint and still contain hazards, the ordinance notes, and lead poisoning can occur when someone inhales or ingests lead particles found in paint, dust, soil or drinking water. 

Census data indicates nearly 70% of the roughly 26,000 children under the age of 6 in Louisville living in rental housing live in units built before 1980, and 23% live in units built before 1950, so nearly 18,000 local children live in homes with elevated risk of lead poisoning. 

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As part of the registration, the landlord would have to complete a lead-hazard risk assessment with a state-certified inspector, and any unit found to contain lead would need a plan to eliminate or manage the lead-based hazard within 60 days, unless “good cause” is shown for needing more time. 

Failure to do so could result in a $500 fine that subsequently rises to $2,000 for a fourth or greater offense. Fines will support a fund that offers relief to tenants impacted by lead or required lead abatement work in their units. 

There are different time requirements for completing the assessments, depending on how old the unit is, and there are exemptions.  

At a minimum, an owner would have their rental unit undergo a reinspection that includes a "Lead Hazard Evaluation" every three years.

Exceptions include if a child under 6 lives in the unit and has an "elevated blood lead level," which would prompt the owner to conduct a hazard evaluation and submit a "Lead-Hazard Control Report" within 14 days of identifying the child, unless Metro Public Health grants an extension.

Short-term rentals, government-owned housing units, nursing homes, hotels and homeless shelters are among the types of units not subject to the ordinance, and owners who prove their rental units are permanently free of lead-based hazards are also exempted. 

Which parts of Louisville have higher lead poisoning risks? 

Metro Public Health lead testing data shows children living in the northwest area of the city are at a 9 times greater risk for lead poisoning than kids in other parts of Louisville. 

The ZIP codes with the highest risk levels include 40212, 40211 and 40210, which cover poorer, predominantly Black neighborhoods in the West End like Shawnee, Parkland and Portland. But some wealthier and whiter ZIP codes are also listed as having the highest risk levels, such as 40204 (covering the Highlands area and in the 8th District represented by Chambers Armstrong) and 40217 (Germantown and Schnitzelburg). 

The other ZIP codes with the highest risk levels are: 

• 40203 (parts of Russell, Limerick, Old Louisville, Shelby Park and Smoketown) 
• 40208 (parts of Old Louisville, Algonquin, University of Louisville and South Louisville) 
• 40209 (parts of Highland Park and Fairgrounds) 

Dr. Sarah Moyer, who was Metro Public Health director in April when the ordinance was introduced and now works for Humana, said this year that lead exposure “disproportionately affects children in low-income families and families of color.” 

“The social costs of lead exposure can be up to billions of dollars in a child’s future earnings as well as public spending on health care, special education, juvenile justice and other social services,” Moyer said. “No level of exposure to lead is safe, but it can be easily prevented. This ordinance is a step in alleviating unsafe and unfair conditions and creating safe, lead-free home environments for all children to thrive.” 

Does Louisville already have lead prevention programs? 

Yes, Louisville is home to a Childhood Lead Poisoning Prevention Program, or CLPPP, that operates with support from federal and state public health agencies. 

But while the city was “more heavily attacking lead exposure in the ‘80s and ‘90s,” funding streams declined in recent years, said Nick Hart, assistant director of Metro Public Health’s division of environmental health. 

The current lead prevention program helps some families but not all, and it takes a more reactive approach as “it waits for a problem to occur,” Hart told The Courier Journal. 

“This is not just a problem for Louisville. This is a problem nationwide,” Hart said, adding he is working with the Centers for Disease Control and Prevention and other federal partners to try and change guidance to help proactively tackle the issue. 

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“We have to stop using children as lead testers,” Hart said, calling for “a shift in responsibility” from families and victims living in rental units with lead to the “responsible parties,” such as landlords. 

Lead abatement programs may not always be cheap, but Hart said Louisville has used and can continue to apply for money from sources like the U.S. Department of Housing and Urban Development to keep homes lead-free and affordable. 

In addition, the mayor's office and several Metro Council members already approved using $1 million in American Rescue Plan Act funding to help develop the lead registry for rental properties built before 1978 and create a "Lead Free Louisville" public awareness strategy.

Reach Billy Kobin at bkobin@courierjournal.com.