Toledo City Council has approved a controversial “lead-safe” ordinance that mandates some rental properties built before 1978 be inspected and deemed safe before leasing to tenants.
Council voted 10-0 Tuesday to approve the law that won't take effect for one year. Councilmen Tom Waniewski and Theresa Gabriel were not present.
Council approved a version offered by Councilman Larry Sykes, which combined elements of two earlier versions that were debated by council for several months.
Owners of buildings with one through four apartment units, as well day-care homes, will be affected by the law when it begins in 2017.
Several amended versions were introduced since the controversial idea was brought to council in June.
The original proposal, which was championed by the Toledo Lead Poisoning Prevention Coalition and supported by Mayor Paula Hicks-Hudson, called for pre-1978 single-family and duplex rental units to be inspected visually for such hazards as peeling paint and swabbed with dust wipes that would be tested for lead content.
Councilman Rob Ludeman countered unsuccessfully with a proposal that would have expanded the scope to day-care centers and properties with one to four rental units, but did away with the dust wipes at first inspection. His plan would have begun with a visual inspection that, if failed, would trigger more intensive checks.
“We do have a lead problem in the city, and I am trying to address it,” Mr. Ludeman said.
He said his version was “more practical” than the one offered initially by the Hicks-Hudson administration.
“I included day-care centers [and] I don't think churches should be excluded,” he said. “The inspection would be visual. If it fails the visual, there would be the test swipe.”
Mr. Ludeman said his version would have been “more affordable” for the “good landlords out there.”
Only Mr. Ludeman and Councilman Sandy Spang supported council taking a vote on that version.
Mr. Sykes also added type-A and type-B day-care homes to his version and mandated rental properties with one to four units built before 1978 be included under the law.
He kept the dust-wipe requirement and mandated follow-up inspections by the local health department.
It requires one and two-unit properties owned by Lucas Metropolitan Housing Authority to submit documents showing the properties comply with federal regulations. It also requires landlords to submit tenants' names and addresses.
Councilman Yvonne Harper called out landlords who opposed the lead ordinance during a recent public hearing.
“Shame on you,” Ms. Harper said after the 10-0 vote.
Councilman Tyrone Riley said property owners do care about children affected by lead.
Ms. Spang cautioned that there are not enough lead inspectors in Toledo for the number of units in the city.
Mayor Hicks-Hudson, who supported the first version, said she was pleased with the version council ultimately passed.
She said the law would protect children and could create entrepreneurial opportunities for people to become inspectors.
Eric Zgodzinski, Toledo-Lucas County health commissioner, acknowledged that many landlords are apprehensive.
“The intent is still the same,” he said of the version that was passed. “The hard work comes now. ... You heard about the landlords and you cannot negate their concerns."
Bob Cole, managing attorney at Advocates for Basic Legal Equality, which helped write the first version, said the approved law is broader than it was originally proposed.
“Dust wipes are critical to this,” Mr. Cole said. “That is the only evidence-based information we have that a property is lead safe.”
Contact Ignazio Messina at: imessina@theblade.com or 419-724-6171 or on Twitter @IgnazioMessina.
First Published August 17, 2016, 4:00 a.m.