Strengthening States Strengthening States for 40 Yearsfor 40 Years

State Healthy Housing State Healthy Housing PolicyPolicy

National Healthy Housing ConferenceNational Healthy Housing Conference

May 2014May 2014

"When enforced, housing and building codes have resulted in better constructed and maintained buildings and in improved health. For example, strict housing code enforcement has been demonstrated to reduce the likelihood of death in residential fires (Cummins and Jackson 2001) and lead poisoning in homes where lead-poisoned children live (Brown et al. 2001). A large number of programs, codes, and regulations exist that have the potential to influence changes in the environmental conditions in homes."  

Surgeon General's Call to Action to Promote Healthy HomesSurgeon General's Call to Action to Promote Healthy HomesMay 2009May 2009

When Building Codes Fail:When Building Codes Fail:99thth Ward, New Orleans Ward, New Orleans

•Inadequate housing has been linked to adverse human health effects•Millions of children live in home environments that are unhealthy•Coordinated, comprehensive, and practical approach to prevent diseases that result from environmental health hazards related to housing

Regulating the UnRegulated - Regulating the UnRegulated - Private HousingPrivate Housing

Private interest; no public componentEliminates Environmental regulation (via EPA)

Not an employee/employer relationshipEliminates Occupational regulation (via OSHA)

Not Rental HousingWarranty of Habitability

No link to Federal Housing StandardsHUD Section 8 Housing - not applicableIndian Housing - not applicableDepartment of Defense Housing - not applicable

Regulating an unRegulated Regulating an unRegulated CommunityCommunity

Lead HazardsAsbestos HazardsConstruction Products/Building MaterialsIndoor air pollutants

chemicals, allergens, smoke, ventilationPesticidesChemical and Safety HazardsRat infestations and other verminRadon GasOther

Regulating an unRegulated Regulating an unRegulated CommunityCommunity

Legislators love Industries Legislators love Industries that bring Economic that bring Economic Growth to their StateGrowth to their State

State Laws adopting EPA State Laws adopting EPA Lead ProgramsLead Programs

State Laws adopting EPA State Laws adopting EPA Radon ProgramsRadon Programs

State Laws adopting EPA State Laws adopting EPA Asbestos ProgramsAsbestos Programs

Which Costs More??Which Costs More??

Healthy Housing Issues w/o Federal Mandate

MoldSmoke-Free HousingBedbugsCarbon Monoxide Detectors

Healthy HousingMN S 1272 (2014)

Regulating an unRegulated Regulating an unRegulated CommunityCommunity

International Code CouncilCombination of Southern Building Code, Int'l Conf of Building Officials,

Fire CodesFire exits, fire alarms, isolation of hazards

Electrical CodesNumber of outlets, up-side-down outletsDon't overstress the system, prevent fires

Plumbing CodesContained system, prevent flooding

Building CodesStructure, stability

Regulating an unRegulated Regulating an unRegulated CommunityCommunity

Regulating an unRegulated Regulating an unRegulated CommunityCommunity

Federal Response:Lead hazards (EPA)Asbestos hazards (EPA)Federal funds supporting the action (HUD)Products standards (CPSC)

No federal housing or building codeNo federal health code

State ResponseHousing and building codes

State enforced (Police Powers)Privately enforced (insurance, mortgage, bond)

NJ has statewide code; TX considers codes unconstitutional

Which Costs More??Which Costs More??

City Jurisdiction:Most have adopted various codesFire Codes, Plumbing Codes, Electric CodesCity inspectors verifyEnforced by insurance and mortgage cos.

County ResponseSome have housing and building codes; many do not

Rely on State enforcementPrivately enforced (insurance, mortgage, bond)

Most rural jurisdictions have no applicable codes

Regulating an unRegulated Regulating an unRegulated CommunityCommunity

No organic Federal ActNo Congressional authority to release grants

No model state lawComplex and undefined topic

No quick legislative fixWill require amendments to several lawsWill require new authorities for agencies to actWill require additional or reassigned resources

Regulating an unRegulated Regulating an unRegulated CommunityCommunity

Whose interests are served?Can public health be linked to Medicaid?Could industry benefit (i.e., profit) from such legislation?

Whose interests are compromised?Who will pay to retrofit homes?

Can housing become healthy without legislation?Amend/expand current legislative authorities

Can/will the federal government perform this service?Will states be preempted from acting?

Regulating an unRegulated Regulating an unRegulated CommunityCommunity

Which Costs More??Which Costs More??

Housing/Property Maintenance CodeApplied at property transition

Health/Sanitation CodeLandlord-Tenant Law

Rental propertiesProduct Standards

For consumer productsHazard Management LawsMiscellaneous

PA Municipal Housing Code Avoidance - sets enforcement penalties but fails to define the municipal housing code

Regulating an unRegulated Regulating an unRegulated CommunityCommunity

Housing/Property Maintenance CodeCA State Building Standards Code

Health/Sanitation CodeCO Sanitary Standards and Regulations

Landlord-Tenant LawTN Smoke Detector Code

Product StandardsMN Formaldehyde Product Standard - new and manufactured homes

Hazard Management LawsGA Community Living Arrangement Code - mandates a healthy home for residents

MiscellaneousFL Environmental Health - to prevent disease caused by natural and manmade factors in the environment

Regulating an unRegulated Regulating an unRegulated CommunityCommunity

Which Costs More??Which Costs More??

Which Costs More??Which Costs More??

Which Costs More??Which Costs More??

Strengthening States Strengthening States for 40 Yearsfor 40 Years

Doug Farquhar, JDDoug Farquhar, JDNational Conference of National Conference of

State LegislaturesState Legislatures303/856-1397303/856-1397

doug.farquhar@ncsl.orgdoug.farquhar@ncsl.orgwww.ncsl.orgwww.ncsl.org