Baltimore City Council
File #: 11-0278R    Version: 0 Name: Investigative Hearing - Payment of Lead Poisoning Judgements
Type: City Council Resolution Status: Adopted
File created: 4/11/2011 In control: Judiciary and Legislative Investigations
On agenda: Final action: 6/6/2011
Enactment #:
Title: Investigative Hearing - Payment of Lead Poisoning Judgements FOR the purpose of requesting the Commissioner of Housing to report to the City Council the scope of adjudicated, pending, and anticipated cases concerning the lead paint poisoning of former residents of the Housing Authority of Baltimore City (HABC); calling upon the City Solicitor to discuss the decision not to honor the judgements awarded to plaintiffs; and asking the Director of Finance to discuss possible funding sources to compensate those harmed while living in our public housing facilities.
Sponsors: Belinda Conaway, William H. Cole, IV, Carl Stokes, Warren Branch, Nicholas C. D'Adamo, James B. Kraft, Helen L. Holton, Sharon Green Middleton, William "Pete" Welch, Mary Pat Clarke, Bill Henry, President Young
Indexes: Lead Paint, Lead Poisoning, Resolution
Attachments: 1. 11-0278R - 1st Reader.pdf, 2. Law - 11-0278R.pdf, 3. Finance - 11-0278R.pdf, 4. HCD - 11-0278R (2).pdf, 5. 11-0278R - Adopted.pdf
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
      INTRODUCTORY*
 
      CITY OF BALTIMORE
      COUNCIL BILL           R
      (Resolution)
                                                                                                                                                           
Introduced by: Councilmember Conaway
                                                                                                                                                            
      A RESOLUTION ENTITLED
 
A COUNCIL RESOLUTION concerning
title
Investigative Hearing - Payment of Lead Poisoning Judgements
 
FOR the purpose of requesting the Commissioner of Housing to report to the City Council the scope of adjudicated, pending, and anticipated cases concerning the lead paint poisoning of former residents of the Housing Authority of Baltimore City (HABC); calling upon the City Solicitor to discuss the decision not to honor the judgements awarded to plaintiffs; and asking the Director of Finance to discuss possible funding sources to compensate those harmed while living in our public housing facilities.
body
      Recitals
 
  As extensively reported by the media, HABC is reportedly facing 9 court judgements totaling nearly $12 million from lawsuits filed by Baltimore City residents who suffered lead paint poisoning from their tenancy in public housing.  In addition, it is alleged that besides these judgements against it, HABC faces 175 more lead-paint cases with potential claims of more than $800 million.
 
  The suits against the Authority, the 5th largest in the country with a $300,000 million annual budget, stem from damages inflicted more than a decade ago from exposure to lead-based paint, which was banned in Baltimore in 1950 - unfortunately, much of Baltimore's housing stock predates the moratorium.
 
  The Maryland Department of the Environment reports that lead is one of the most significant and widespread environmental hazards for children in Maryland.  Lead paint dust from deteriorated lead paint or renovation work is the major source of exposure.  The effects of lead poisoning, a preventable disease, may result in poor school performance, inability to read, aggressive behavior, hearing loss, or mental retardation.  Studies from the Mayo Clinic show that children under the age of 6 are especially vulnerable and that, at very high levels, lead poisoning can be fatal.
 
  A prepared statement from the Commissioner's office voiced deep sympathy to anyone who has suffered from lead paint poisoning, noting that the recently discussed cases were filed in the past few years and involved incidents that occurred prior to the implementation of Maryland's lead law in 1996.  HABC has been fully compliant since that law's inception.
 
 
  Addressing the payment of the claims for damages caused by the presence of lead paint in public housing: "HABC has the great responsibility of providing homes for over 25,000 very low-income households throughout Baltimore City, while facing severe federal funding constraints.  HABC faces over $800 million in claims and is in no financial position to pay these claims and still provide decent, safe and affordable housing for our current families, seniors, and persons with disabilities."
 
  The statement, in part, emphasizes that "serving our City's most vulnerable populations is our first priority" - a priority that is shared by all in public service.  To that end, we must go the extra mile to take care of those harmed under our watch.  Although City government may not be legally culpable for the harm done to the residents of public housing, we do share a moral imperative to be our neighbors' keepers.
 
  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BALTIMORE, That this Body requests  the Commissioner of Housing to report to the City Council the scope of adjudicated, pending, and anticipated cases concerning the lead paint poisoning of former residents of the Housing Authority of Baltimore City (HABC); calls upon the City Solicitor to discuss the decision not to honor the judgements awarded to plaintiffs; and asks the Director of Finance to discuss possible funding sources to compensate those harmed while living in our public housing facilities.
 
  AND BE IT FURTHER RESOLVED, That a copy of this Resolution be sent to Mayor, the Commissioner of Housing, the Baltimore City Solicitor, the Director of Finance, and the Mayor's Legislative Liaison to the City Council.
 
 
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