Selena asked the property manager if the house was safe after she signed the lease, and was told it was.
After almost two years of living with her partner and three children, Ms. Wiley noticed that their 2-year-old had stopped talking and eating.
A doctor discovered that the boy had lead poisoning. The level was so high that he immediately began a 19-day treatment to help rid his body of the toxin, which can cause irreversible damage to a child's brain and nervous system. A health inspector found lead paint and dust in the family's rental home.
The firm that owns the home protected its assets in a tangle of limited liability companies and the property insurer excluded lead from its coverage as J.J. faces an uncertain future. The New York Times has found that these practices are commonplace across the United States, part of a decades-long campaign by the real estate and insurance industries to shield themselves from liability in lead-poisoning cases. The effort has allowed the problem of the past to remain a silent epidemic.
About 500,000 children under the age of 6 have elevated blood lead levels in the United States and are at risk of harm, despite the fact that lead poisoning has decreased substantially since the late 1970s. In the era of Covid-19, rental inspections lag, exposure increased as people spent more time at home and testing of children fell.
Sean M. Ryan, a state senator in western New York, said that lead poisoning is a slow- moving catastrophe that people have just gotten used to.
Exposure to lead is not safe. A child's intelligence, learning ability and behavior can be affected by low levels. The threshold used to identify children with the highest lead levels has been lowered.
The illness is a problem in many of the country's poorer ZIP codes, but families like J.J.'s have less recourse than ever. Settlements and court judgments were often used to help pay for health care, therapy and tutoring for children who had suffered from lead poisoning. The payments warned landlords to make sure their properties were safe.
According to interviews with health and housing officials, regulators and lawyers who represented children and their families, insurance companies refused to pay out when children were poisoned on properties they covered because of the lack of public attention and the approval of state officials. The move made it easier for landlords to fix their rentals.
When a landlord has little resources, there is little chance of recovering money for a child. Property owners with large holdings have found ways to legally distance themselves from problem rentals by using L.L.C.s to hide assets and identities. A Virginia family that had been awarded a $2 million judgment agreed to accept just $140,000 after the landlord dodged collection efforts.
Lawyers who work on contingency, fronting costs and collecting payment only if there is a favorable judgment or settlement are declining to file lawsuits.
Richard Serpe, a lawyer who worked on the Virginia family case for three decades, stopped taking lead cases last year because of the obstacles.
In October, the Centers for Disease Control and Prevention lowered the threshold for identifying those at risk of lead poisoning, meaning more children will be found to have elevated lead levels. According to health data reviewed by The Times, the number of new cases in New York State would almost double.
Exposure to lead is not safe, and even low levels have been shown to affect a child's intelligence, learning ability and behavior, according to the C.D.C.
The ultimate goal is to fix lead hazards so children are not exposed to them, which local, state and federal agencies address with limited success. According to David Jacobs, chief scientist at the National Center for Healthy Housing, there are known remedies for hazardous properties, and that landlords and insurers must play a role in solving the problem.
Some states have limited or tried to ban insurance exclusions, but the insurance and real estate industries have opposed such measures. Executives in those businesses say that requiring lead coverage would cause a collapse of the insurance market and drive up the cost of housing, without addressing the presence of lead paint before a child is poisoned.
Efforts to resolve this longstanding problem should be focused on eliminating the lead paint risk from rental properties, according to Ken Stoller, a senior director at the American Property Casualty Insurance Association.
Federal lawmakers have recently taken steps to combat lead poisoning, but they have not done enough. The C.D.C says that Congress removed funding for the larger problem of lead paint in older dwellings, which accounts for up to 70 percent of elevated lead in children. The president's bill contained $5 billion to fix lead paint problems, but it was not passed in Congress.
Legislation wouldn't help children like J.J. who have already been poisoned. His family filed a lawsuit in 2020 against the real estate company that owned their house, and are waiting for the outcome of a court dispute over whether the insurer's lead exclusion was valid.
J.J., now 5 years old, exhibits typical effects of lead poisoning: aggression, attention problems and developmental delays. He is behind his sister in communicating because his words are not as clear as they could be.
I want to do everything I can to help my baby have a better future.
A few years ago, Mr. Ryan was made aware that his people in Buffalo were sending bottled water to the people of flint, Mich., where lead was found in the water supply.
While respecting the gesture to help, he recalled that there were 17 ZIP codes in Buffalo where the rate of children with high lead levels was at least double that ofFlint. More than 500 children 3 and under were recently confirmed to have elevated lead in 2020. The number of children monitored by the health department is 1,300, but experts believe the true number is higher as not all children are screened for the toxic metal.
Mr. Ryan introduced a bill to address insurance exclusions as a factor in the lead crisis. They reduced landlords accountability and prevented children from being compensated.
The cost of treating victims of lead poisoning should be paid for by the property owner and insurance company.
A New York family was recently affected by an exclusion, and one of them was a 2-year-old girl who was found to have five times the threshold for elevated lead after a checkup in September 2020. The Times is protecting the privacy of the children in the article.
Ms. Chaplin knew to be cautious of lead. She had been poisoned and didn't do well in school.
When looking at an apartment in an Erie County suburb, she asked about lead paint and was assured there was no. After her child was poisoned, an inspector found lead in the basement, front porch and exterior of the house.
The landlord's insurance policy had a lead exclusion. Her lawyer, Jonathan Staehr, said he would wait to see how the lead affected her daughter's development before deciding whether to file a lawsuit.
The girl has trouble calming herself down, her mother said. She sees a tutor once a week for lead-poisoned children.
It is heartbreaking because it was my baby's health that was played with.
Mr. Ryan's attempts to address such cases have been stymied, as his bill passed the Assembly twice but faced strong opposition from insurers. Neil Breslin, a Democrat and the panel's chairman, said in an interview that he wanted insurers to provide proof that the bill would cause the market to collapse. He hasn't held a hearing.
New York and other areas around the country have had issues with lead poisoning. The metal was added to the paint to make it more resistant to the elements. The United States did not ban lead paint for homes until 1978.
Lawyers began to file lawsuits on behalf of poisoned children. By the early 1990s, insurers told state insurance commissions that they were facing crushing costs from lead paint verdicts and settlements that could reach into the millions, and sought to exclude lead coverage from their policies.
Regulators seem to have offered no resistance. In 1993, a Department of Housing and Urban Development advisory group noted in a report that an industry giant had gotten approval in 40 states for the exclusions. According to the report, the American Association of Insurance Services won approval in 32 states to exclude coverage for lead in paint, water and soil.
Records show that New York State approved exclusions for 90 companies by 1999. The state no longer keeps track of them because they are common with insurers.
According to the federal housing department, there are significant lead paint dangers in about 29 million housing units and young children live in 3.3 million of them. The problem spans the country, with risk in cities such as Baltimore, Detroit, Jackson, Miss., Milwaukee, Philadelphia and Sacramento. Minority children are more likely to live in older rental homes that are poorly maintained.
Ruth AnnNorton, chief executive of the Green and Healthy homes Initiative, said that bad housing conditions have become normalized.
About 500,000 children in the United States have elevated levels of lead in their blood because of actions taken by the real estate and insurance industries.
It's a problem with a deep past.
Romans used lead pipes to get their water. Historians think that poisoning came from lead wine and cooking vessels.
Rembrandt and Goya may have been poisoned by lead paint.
It was popular in homes because of its resilience.
Lead paint was banned in several countries in Central Europe by the start of the 20th century.
White lead interior paint was banned by the League of Nations in 1922.
In the U.S., lead paint ads emphasized safety and claimed that it could improve health, given how easy it was to clean.
The Dutch Boy became a popular figure in children's painting booklets as paint companies tried to appeal to families.
The U.S. wouldn't ban lead paint until 1978. Almost 30 million homes have some kind of hazard, and young children live in 3.3 million of them.
Insurers argue that banning exclusions would cause premiums to go up and would not promote the best way to protect children from lead poisoning.
Ellen Melchionni is the president of the New York Insurance Association.
Advocates for Mr. Ryan's bill argue that insurers can encourage landlords to fix lead hazard before providing coverage if a child is harmed.
Grants and loans are available in many cities for the removal of lead paint. If landlords want to make houses lead safe, they can remove peeling paint and seal surfaces with a new coat. Dr. Jacobs said that lead was no longer a liability because of the millions of times it had been cleaned up.
It is something you can get your arms around.
Symptoms of lead poisoning or being screened for it are often the first signs of dangers.
Some preventive requirements are more effective than others. All properties built before 1978 in Maryland must have a lead inspection certificate. Rentals in Rochester must be inspected every three or six years. Lead poisoning has gone down in both areas. In the United States, such laws are rare and unevenly enforced.
Some states have restrictions on lead exclusions. New Hampshire has banned them. D.J. Bettencourt, the state's deputy insurance commissioner, said that owners have been encouraged to fix up their properties.
Insurers in Rhode Island are required to cover owners who prove their properties are safe. If the insurers decline to offer coverage, the owners must direct the candidates to a state-sponsored program for high-risk candidates, though there is no requirement to actually purchase lead coverage through the state.
There was no coverage for the duplex where Amie Jordan- Wade lived when her daughter was poisoned. The landlord and insurer wouldn't say why. The mother of the baby noticed that she wouldn't respond when her name was called.
Mrs. Jordan- Wade said that she was distant and confused.
The little girl was hospitalized after doctors discovered that her lead level was very high. According to state records, a lead hazard was found around windows, doors and baseboards in the three-bedroom rental.
The landlord was sued by the girl's mother. Her lawyer discovered that the insurer had a lead exclusion.
Mrs. Jordan- Wade said her daughter is happy but struggles with some behavioral issues. The girl has had two dental surgeries because of lead. The care is covered by the state because the family is on Medicaid.
Mrs. Jordan- Wade doesn't know what her needs will be as she gets older.
Ronald Stallings found out about a $2 million judgment against one of his companies while he was in Turks and Caicos.
He thought about how he was going to get out of this.
A baby was lead-poisoned at one of the apartments owned by Mr. Stallings, a prominent real estate developer who was once named Visionary of the Year. Mr. Stallings began selling most of the assets of the building. Walker Row would only pay a pittance of what was owed after it was sued in the lead case.
The woman who brought the lawsuit lived in Apartment 15 with her daughter. The rental for the three-story brick building in Richmond was about $650 a month, and it seemed like a good deal. Mrs. Thompson was juggling a job at a bank and an associate degree at the same time as her child was about to be born.
Ziona began to decline several months after moving in. She cried a lot for no apparent reason. Over the next year, her vocabulary slowed down. She no longer needed to be scolded for opening the refrigerator as she lost the strength to do so, as she began to have trouble picking up her toys.
Mrs. Thompson took the girl to the doctor after she cried for a day and a half. She was told to take Ziona to the hospital the next day. The C.D.C considers her lead level elevated. An inspector found peeling paint in the living room and bedrooms and lead paint on the doors and windows.
Mrs. Thompson did not bring Ziona back to Apartment 15. The girl became aggressive and agitated over the next few years, hitting herself and banging her head against the wall. She had a short attention span and was often in tears. Ziona needed help in school. Mrs. Thompson used to pay for tutoring and therapy.
Mrs. Thompson said that she tried to find extra money to make sure that Ziona was okay.
Mr. Serpe worked for nearly a decade to hold Mr. Stallings and his company accountable. The case presented many challenges and was handled by Mr. Serpe.
He sent a letter to Mr. Stallings, but he didn't hear back. Mr. Serpe discovered that Travelers Insurance had a lead exclusion after he filed a lawsuit.
Ziona was awarded $2 million in damages after Mr. Stallings failed to show up in court.
Mr. Serpe said that another company officer was given the complaint and that Mr. Stallings had not been personally served the case. The developer said he didn't pay attention to the exclusion because he thought the insurance company would handle it.
Mr. Stallings refused to pay the $2 million owed to him. He testified at an October hearing that he had been shutting down Walker Row for six years because it was not profitable. Mr. Stallings said the site was old when he was asked why his website listed several projects under development. Mr. Stallings did not know why it had been updated.
He mentioned four more L.L.C.s at the hearing. He said that Walker Row had no pending projects, no employees and no tenants paying rent.
Mr. Stallings said in the interview that he understood that Mrs. Thompson was trying to have him held responsible for her daughter's condition.
Walker Row had $2 million in assets and liabilities. The building where Mrs. Thompson and Ziona lived sold for nearly $900,000. Mr. Serpe believed that Mr. Stallings had used a corporate shell game to avoid the full judgment.
Mrs. Thompson agreed to a settlement of $140,000. $70,000 was put into a trust for Ziona after court and legal fees.
Ziona attends a small Christian school and is doing well academically, which her mother attributes to years of extra help and the individualized attention she still receives. The teenager is on the cheerleading and dance teams, too, but has attention deficit hyperactivity disorder, can be impulsive, and has significant trouble managing her emotions, which are often associated with lead-poisoned children. She is afraid to be out in public on her own. Her mother said she was scared to let her go into the world alone.
J.J. fell ill and the city of South Bend has a program for inspecting rentals, but it is based on complaints. A health inspector searched the house where J.J. lived after he was diagnosed with lead poisoning. HomeWorks Funding Group II L.L.C. was ordered to address the lead dangers by the health department.
An inspector found lead paint and dust in the home. A maintenance worker had fixed several windows and removed paint from the upstairs areas. Ms. Wiley and her husband filed a lawsuit against HomeWorks because the worker did not clean up the debris. HomeWorks didn't comment.
The current condition of the home is a threat to public health because lead poisoning can cause permanent health problems in children, including brain damage, learning disabilities, behavioral problems and liver and kidney damage. In extreme cases, seizures and death can occur. This condition is a threat to the health of the children living at or visiting the residence.
Many lead hazards may be easily corrected. Often, all that is needed is a good cleaning and a fresh coat of paint.
The family learned that J.J. was dead. Their daughter was delivered almost two months early, before they could move out. HomeWorks showed them another rental home that had lead as well. Her family moved out of state and her fianc works at a gas station as she cares for the children.
HomeWorks insurance policy had a lead exclusion, according to Martin Gould, a lawyer for the family. A state judge ruled last month that the exclusion was not valid because it was too broad.
Lead exclusions are rarely thrown out, and the judge's decision in J.J.'s case was surprising. Farmers Mutual asked the judge to reconsider the ruling, saying that he had ignored cases where similar lead exclusions had been found.
The family's suit against the landlord has presented many challenges. HomeWorks advertised that it managed over 1,000 properties in Indiana and Michigan. A lawyer for the company told him that only two of the L.L.C.s were associated with J.J. The other was the property management firm. The company that owned the house was sold after J.J. was poisoned.
HomeWorks used to be a one-stop shop to rent, buy, sell and invest in real estate, but changed its website after the lawsuit made its entities seem unrelated.
You can't be a big company when it benefits you to generate revenue and then hide behind an L.L.C.
She wondered what it would have been like if they hadn't been so negligent.
She said it was hard to watch the 5-year-old struggle with things that came easily to her other children. He can't put on pants by himself and doesn't know the names of his favorite snacks, which are orange and blue.
He is easily distracted, overwhelmed, and hard to console; Ms. Wiley sometimes has to explain his behavior to strangers in public. He takes iron supplements to slow the absorption of the toxin in his body, which causes him to have stomach pain.
Ms. Wiley and her partner worry about their little boy's future.
She said it damaged his brain. We know it's a lifelong thing. No doctor can tell you what's going to happen.
Susan Beachy, Kitty Bennett, Sheelagh McNeill and Julie Tate contributed to the research.
All Rights Reserved © 2024
