Presentation at Massachusetts Sustainable Communities and Campuses Conference on March 17, 2017

1. Healthy Homes, Rights of Individuals
Rick Reibstein - Lecturer, Environmental Law BU and Harvard Extension
• Declaration: rights are
inherent, power is shared.
• Preamble: provide for the
general Welfare.
• Fifth Amendment: due
process.
• The Fourteenth: equal
protection.
• The common law: a
standard of care for a
society of reasonable
people.
Montesquieu
John
Marshall
James
Madison

2. The most
important
amendment
people have
forgotten or
never knew
• THE 9th AMENDMENT:
• The enumeration in the
Constitution, of certain
rights, shall not be
construed to deny or
disparage others retained by
the people.
• THINK ABOUT THAT original
intent of the founders.
• Doesn’t it mean that
everyone has the right to safe
housing and no one has the
right to unjustly impose risk
that can be avoided, or fail to
tell you about risks they know
about which can harm you?

3. Step Two: Applying these principles
1. The right to a habitable space is in city ordinance, state law,
and federal if in HUD housing
2. You may be able to get an inspector to check things out
3. You may be able to ask a court to ensure your rights
4. You may be able to get legal assistance.
BOSTON HOUSING AUTHORITY - for example - inspects yearly
housing supported by vouchers.

4. Even if you do not want to report –
or go to court
• You should still ASK QUESTIONS informed by
knowledge of your rights.
• Understand the risks in housing and how to
protect yourself and your family.
• Use the approach that respects everyone.

5. HUD Healthy Homes
HUD’s HOUSING QUALITY STANDARDS
require:
• Sanitary facilities;
• Food preparation and refuse disposal;
• Space and security;
• Thermal environment;
• Illumination and electricity;
• Structure and materials;
• Interior air quality;
• Water supply;
• Lead-based paint;
• Access;
• Site and neighborhood;
• Sanitary condition
Smoke detectors

6. EPA on Healthy Homes
• https://www3.epa.gov/
region1/healthyhomes/
• Household Hazardous
Waste
• Pressure Treated Wood
https://www.epa.gov/safepestcontrol

7. LEAD Disclosure
• Lessor’s Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards
(check (i) or (ii) below): (i) ______ Known lead-based paint and/or lead-based paint
hazards are present in the housing (explain).
• Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the
housing.
• Lessor has provided the lessee with all available records and reports pertaining to lead-
based paint and/or lead-based paint hazards in the housing (list documents below).
• Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint
hazards in the housing.
• Lessee has received the pamphlet Protect Your Family from Lead in Your Home.
• Agent’s Acknowledgment (initial) (e) ________ Agent has informed the lessor of the
lessor’s obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to
ensure compliance.

8. ALSO concerning lead
• Renovation or repairs that
disturb paint must be
performed safely
• Water should be tested
• Soils can track in lead
dust
• Watch for products with
lead
• Common areas free of
dusts
• Make sure children are
tested
• Check the records of the
public health department
to see if children have
been measured with
elevated rates in the
building
• Check with the city to see
if they know there are
lead water service lines
• Do what the pamphlet
says to protect your
family
• If DIY do it carefully

9. National Center for Healthy Housing
• Least Toxic Control of
Cockroaches
Good Riddance to Roaches
• MINIMIZING MOUSE
MADNESS
• Approximately 6-10 percent of
the general population, and 15-50
percent of persons who are
genetically prone to develop
allergies (atopic individuals), are
allergic to mold, according to the
National Academy of Sciences.
• Use a vacuum cleaner
with high filtration
features (high efficiency
or HEPA filter).
• Carpets and the
sponge-like pads often
installed under carpet
can trap moisture once
they become wet (due
to a plumbing or water
leak, flood, or
condensation),
providing a fertile
setting for mold and
dust mites.

10. Detectors for CO but also prevention
• Cars in attached garages
• Furnaces with cracked heat
exchangers or leaking
chimneys leaking gases into
the ventilation system
• Burning fuels for warmth,
cooking, or decorative
purposes, such as space
heaters, gas ranges, gas
water heaters, and fireplace
• Emergency generators
• FURNACE properly installed
and maintained, ventilated.
• Question for landlord.
• Checked regularly? Should
have tag on it.
• Do not use range or stove
for home heating purposes.
• Do not burn any type of fuel
in the home except
firewood in an
appropriately maintained
and ventilated fireplace.

11. Insulation – until fully cured –
could be exposed to isocyanate
(powerful asthmagen)

12. Tightening House Envelope makes
Ventilation Important
• If it’s smart, it will save
money
• Cheaply done it will be
noisy, unreliable,
ineffective, and will
simply push warm out
and cold in at the wrong
times.
• Now they make them
with heat exchange.
• They make them smart,
quiet, durable.

13. What you buy
• You breathe
• Air fresheners just cover
up a smell – add
chemicals
• Try the safer cleaners
• Green Seal, ULE, Safer
Choice, Green Guard
• Wet cleaning dry cleaners
• BOOSTS SMALL, GOOD
BUSINESSES

14. What you eat
• Wholesome Wave -
increasing affordable
access to healthy
produce - double the
value of Food Stamps
and Veggie Rx
• League of Kitchens,
bringing people of
different origins
together through food

15. HEALTHY HOMES includes:
Indoor Air Quality - Mold - Radon - Combustion safety
Integrated Pest Management
Lead in water and soil as well as paint
Environmentally Preferable Purchasing involves not adding extra toxics
Flame retardants - Stain resistance - VOCs - Other heavy metals -
Carcinogens - Asthmagens - Neurotoxins

16. Ask Questions
• Has the place been tested for
radon? (Required in Maine)
• Has the water from the tap been
tested (lead, copper, if from a
well, more)
• When will you address leaks,
peeling paint in the hallway?
• Will you use lead-safe
workpractices? Please ask the
contractor to tell me when the
cleaning verification is to take
place.
• What do you think is the cause of
the odor we smell, has the
ductwork in the basement been
checked?
• When can we talk about covering
the bare soil next to the house, as
it tested high for lead?
• When can we have CO monitors
in the kitchen?
• Ask these questions in writing as
well as in person.
• If there is retaliation for asking
questions, seek legal help.
• Document the interaction, with
dates and witnesses.
• Put in your response to an
inadequate reply, or lack of a
response, cc. at the bottom - to
the AG or other public legal
service, or to a private lawyer.