EPA Enforcement Helps Protect Children in New York from Lead Paint Hazards | US EPA

October is Children’s Health Month and EPA is taking action to address the major threat that lead-based paint still poses to kids

October 5, 2023

NEW YORK – Two New York housing authorities will face penalties if they don’t address alleged violations of lead-based paint regulations under the federal Toxic Substances Control Act. The U.S. Environmental Protection Agency (EPA) has entered into settlements with the Buffalo Municipal Housing Authority (BMHA) and the Syracuse Housing Authority (SHA), which allege that the housing authorities were aware of lead-based paint in some of their  properties, but failed to notify tenants of available information and detailing the potential hazards of living with lead-based paint, as required by federal regulations. Historically overburdened communities suffer from higher rates of childhood lead poisoning, and that is often attributed to high levels of lead-based paint and dust in the home.

 “If you rent or sell a home or apartment the rule is clear — you must disclose its lead-based paint history. Notification of potential and actual lead hazards by landlords to tenants is one of the easiest and most effective ways to reduce dangerous lead exposure,” said EPA Regional Administrator Lisa F. Garcia. “Tenants must have the ability to make informed decisions, especially when it comes to protecting their children’s health.”

As part of this enforcement effort, EPA inspected the Frederick Douglass Towers and Shaffer Village Apartments in Buffalo, NY and the James Geddes Row Houses and Pioneer Homes in Syracuse, NY.

Specifically, EPA found that the housing authorities mentioned above did not:

• disclose the presence of (or include in lease a statement disclosing the presence of) or indicate no knowledge any lead-based paint or lead-based paint hazards in the housing being leased
• provide the lessee with all available records and reports (or include in lease a list of records and reports) pertaining  to the presence of lead-based paint or lead-based paint hazards.
• include in lease a statement by lessee affirming receipt of information of presence of lead-based paint, list of reports or records of lead-based paint and the lead-based paint information pamphlet.
• include signatures of lessors, agents and lessees certifying the accuracy of their statements regarding lead-based paint and/or lead-based paint hazards.

In the case of the Syracuse Housing Authority, EPA also identified that some renovation work was done without  properly certified and trained staff using the lead-safe work practices as required by the Toxic Substances Control Act’s lead paint Renovation, Repair and Painting (RRP) Rule to prevent exposure to lead dust and debris. BMHA and SHA have already taken some actions, and EPA will monitor whether all the requirements of the settlements are met. BMHA and SHA have both developed and begun to implement EPA reviewed and approved compliance plans to ensure compliance at thousands of units, housing more than 8,300 residents, at which these rules are applicable.

BMHA’s lead disclosure compliance plan states that if a tenant informs the BMHA that their child recently tested positive above a certain blood lead level, the Housing Authority will schedule lead testing in the tenant’s apartment unit and will address the situation if high levels of lead are found in the unit.   

Under the terms of the settlements in order to not face the penalties, the two respective housing authorities have to take specific actions. These actions include providing completed Lessor Disclosure Forms and Disclosure Rule Compliance Checklists to EPA for 20 new leases and/or lease renewals each at BMHA and SHA (thus 40 in total) for each quarter; providing to EPA a list of all apartment units where renovation work was conducted during each quarter as well as a description of the work performed, the name of the firm and certified renovator who performed the renovation (including copies of training certificates, completed RRP Rule renovation checklist and completed RRP Rule Forms that show proper performance of the RRP work and post-renovation cleanup. If lead abatement is conducted, the Authorities must provide to EPA the address of each abatement, the reason for the abatement, the name of the EPA –certified lead abatement contractor hired to perform the work (and copy of the certification) and completed lead abatement checklists. 

Since the 1970s, the United States has made tremendous progress in lowering children’s blood lead levels. Lead exposure, particularly at higher doses, continues to pose a significant health and safety threat to children, preventing them from reaching the fullest potential of their health, their intellect, and their future. No safe blood lead level in children has been identified.

EPA is committed to ensuring that public housing complies with the federal lead-based paint regulations, as is reflected by these recent cases and a similar enforcement case against the Housing Authority of the City of Passaic.

Lead-contaminated dust from chipped or peeling lead-based paint in homes built prior to 1978 is one of the most common causes of elevated blood lead levels in children. Infants and children are especially vulnerable to lead paint exposure because their growing bodies absorb more lead than adults do, and their brains and nervous systems are more sensitive to the damaging effects of lead. They can be exposed from multiple sources and may experience irreversible and lifelong health effects. Unborn children are also vulnerable to these effects. Lead dust can be generated when lead-based paint deteriorates or is disturbed.

For more information about lead paint and federal regulations about it, please visit:

October is National Children’s Health Month. Children are often more vulnerable to pollutants than adults due to differences in behavior and biology, and these differences can lead to greater exposure and/or unique windows of susceptibility.

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