CLEVELAND — The City of Cleveland’s push to address lead poisoning now enters the courtroom, as landlords faced misdemeanor charges tied to dangerous lead levels at their properties.
Back in September, News 5 told you about the first-of-its-kind legal action when the city charged 50 property owners who had failed to comply with city lead-safe regulations at their homes.
As News 5 previously reported, each landlord faces 75 misdemeanor charges that could come with fines in the thousands and even jail time.
The first 10 cases were scheduled to go before Magistrate Myra Torain Embry at Cleveland Housing Court for their arraignments on Friday.
However, only one landlord showed up.
Prosecutor David Roberts, who serves as chief assistant director of law for code enforcement for Cleveland, understands the challenges of tracking down the companies, LLCs and people violating lead abatement requirements after it was determined a child at their property had been lead poisoned.
"If you go by address, many seem local," he said. "But that doesn’t mean the investor is local."
Roberts told News 5 that three landlords had attorneys respond to the charges outside of court and plead not guilty.
Eugene Kmiec, who appeared in court, also pleaded not guilty. He told the magistrate that his notices were not being sent to the correct address.
The other six defendants, 1324 Isaih LLC (the defendant in two cases), 3655 Bosworth LLC, Concorde Contracting LLC, Prime Source Development, and Hadad Investments LLC didn't show up or respond.
The charges stem from confirmed cases where a child had been found to have high lead levels. Roberts told News 5 that investigators determined the child was exposed to lead in the home where they were living.
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"What we’ve found is many landlords don’t do anything, and that’s not acceptable to us that they’re ignoring those orders," Roberts said.
Over the next several weeks, Roberts told News 5 that the remaining landlords, as part of the original 50 charged, are slated to be arraigned in court.
"The absolute hope is these landlords will correct all the lead hazards," Roberts said. "Often, it’s about spending money."
Efforts continue to tackle lead
Elsewhere in the city, lead abatement efforts continue.
Homeowner Henry Washington recently watched as crews replaced windows and doors at a home he bought in the Kinsman neighborhood.
"First off, I want to get rid of the lead," he said. "That’s No. 1. I have a grandson living here."
Washington has not been issued any lead citations; however, he felt an urgent need to address the problem after his 5-year-old grandson came down with a high fever last summer and was ultimately diagnosed with lead poisoning.
"These are notorious for poisoning children," lead risk assessor Carla Moody said when she pointed to the window frames and door frames of Washington's home. "Every time this door opens and closes, it’s letting off lead dust. We’re going to take all that out."
The replacements are happening thanks to a local grant and the nonprofit Undivided Cleveland.
"If [a house has] not been refurbished well, it’s most likely lead affected," Tanis Quach with Undivided Cleveland told News 5.
