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Tuesday morning’s court hearing.
A state judge signed off on a plan by the city and legal aid to get the word out about a newly inked settlement to a contentious two-year legal battle over how the city Health Department protects lead-poisoned local children.
State Superior Court Judge Claudia Baio offered that approval Tuesday morning during a brief, virtual court hearing in the case Nyriel Smith v. City of New Haven.
The hearing took place roughly a month after the city and New Haven Legal Assistance Association (NHLAA) attorneys finalized an 86-page proposed settlement in the class action lawsuit that dates back to May 2019.
Tuesday’s video-streamed court hearing dealt only with the noticing requirements of the settlement, and not with the detailed plan for how the city Health Department must enforce local lead paint inspection and abatement enforcement laws. The substance of the proposed settlement will be the subject of a so-called “fairness” hearing, to be held by the court later this summer.
Top city attorney Patricia King and legal aid attorney Amy Marx at settlement signing ceremony in May.
Nevertheless, Corporation Counsel Patricia King told the court on Tuesday, the noticing hearing marked a consequential moment in a case that has stretched across two mayoral administrations and five state judges.
“This is the first step on the road to resolution in this case,” King said. “We ask the court to approve the proposed notice so that we can move to the next step in resolving this matter.”
Legal aid attorney Amy Marx walked the court through the detailed plan for letting New Haveners know about the existence and terms of the proposed class action settlement. The planned outreach includes:
• The city and legal will post copies of the class notice, in English and Spanish, and a copy of the settlement agreement on the city website and on the legal aid website within 72 hours of the court’s approval of the noticing plan.
• The city will mail a copy of the class notice, in English and Spanish, to the parents or guardians of every known class member within 72 hours of approval. The proposed settlement defines the class of plaintiffs covered by the agreement as all children living in New Haven who are currently under the age of six or who were under the age of six as of Nov. 1, 2018 and who currently have or had elevated blood lead levels equal to or greater than 5 μg/dL.
• Legal aid will email or mail copies of the class notice and settlement agreement to all New Haven-based pediatricians, primary care clinics, and lead clinics with a request that the documents be distributed to parents and guardians of all children who are patients of those medical practices, within 72 hours of approval.
“It’s in the best interest of all children and all families and all New Haveners to know about the settlement in this case,” Marx said.
Baio told the city and legal aid attorneys that she intends to approve the class settlement notice motion. She said she’ll issue a formal, written order of approval in the days ahead.
“Congratulations on reaching now what is hopefully the last stretch of a very long process for you folks,” Baio said, “and for working collaboratively to bring this matter to what appears to the court to be a fair resolution.”
After the hearing, Marx said legal aid estimates that there are roughly 300 local children citywide who are part of the approved class.
Click here to read more about the terms of the proposed settlement. See below for a full transcript of the class settlement notice approved on Tuesday.
Notice Of Proposed Settlement Of Class Action Concerning Child Lead Poisoning In New Haven
Do you have a child who lives in New Haven, is under the age of 6, and has a blood lead level at or greater than 5 micrograms per deciliter? This settlement concerns the City of New Haven’s obligation to conduct an inspection of your home to determine if any lead hazards exist, order that your landlord remedy any lead hazards found, and ensure that your landlord conducts a safe and complete abatement of the lead hazards.
Background: New Haven city law requires lead hazard inspections for the home of any child under the age of 6 who has a venous blood lead level of 5 micrograms per deciliter or above.
In May 2019, New Haven Legal Assistance Association filed a lawsuit on behalf of families of two lead poisoned children (“Plaintiffs”) against the City of New Haven, the Director of Public Health, and the Mayor (“Defendants”) setting forth that the City had failed to properly inspect the homes of children under the age of six with lead poisoning (i.e., venous blood lead levels at or above 5 micrograms per deciliter), issue corrective orders to the owners of the properties where the children live with chipping and flaking paint, and ensure that all required lead abatement was completed. That case is titled Nyriel Smith et al. v. City of New Haven et al. and can be found on the judicial branch website at:
http://civilinquiry.jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=NHHCV195003875S
The lawsuit was brought on behalf of a class of similarly situated children under the age of 6 living in New Haven. On August 12, 2019, the Superior Court certified the class as:
All children living in New Haven who are under the age of 6 and that have elevated blood lead levels (EBLs) in excess of five micrograms per deciliter while under the age of 6, where such child is under the age of six and resides in New Haven at the time that the City of New Haven first becomes aware of such elevated EBL, provided that such children living in properties owned by the New Haven Housing Authority will not be members of the class.
The Plaintiffs and the Defendants have reached agreement on how to settle the case for these children.
Proposed Settlement: You can see the entire Settlement Agreement on the website of New Haven Legal Assistance Association (www.nhlegal.org) and the City of New Haven (www.newhavenct.gov). You may also email or call the Plaintiff’s Attorneys at the email addresses or phone numbers listed below and a copy will be emailed or mailed to you as you request.
The basic terms of the settlement are:
1. The City commits to conducting inspections of all lead hazards in the homes of all class members (i.e., all children living in New Haven who are under the age of six and who have a venous blood lead level of 5 micrograms per deciliter or above). These inspections will include testing of interior paint in the family’s apartment and common areas, exterior paint, soil, and drinking water.
2. The City agrees to issue orders to all landlords of such class members for any lead hazards found, requiring the landlords to remedy the lead hazards found.
3. The City will require landlords to post notices of lead hazards at the premises, communicate abatement plans to tenants, and keep tenants safe during abatement work, and including relocating tenants during the abatement if needed.
4. The City commits to making sure all abatement work is done properly and that lead management plans are in place to make sure that abatement work is maintained to prevent further chipping and flaking lead paint after abatement work is complete.
Right to Object: Any class member has the right to let the Court, Plaintiffs’ Attorneys at New Haven Legal Assistance Association, and/or Defendants’ Attorneys at New Haven City Corporation Counsel’s Office know if he or she objects to the Settlement Agreement. The Court has set a hearing on _________ at ____. The hearing will be remote. If you wish to attend, you must send an email address to the Housing Court Clerk’s Office for a remote hearing link.
If you would like to attend, but do not have an email address or need other accommodations, please notify Plaintiffs’ Attorneys at the addresses and phone numbers listed below so that alternative arrangements can be made for remote access. You do not have to attend the remote hearing to object. You may also object to the settlement by writing a letter to the Clerk’s Office at the Housing Court located at 121 Elm Street, New Haven, CT 06510, with a copy to the Plaintiff’s Attorneys (address below) to be received by _____.
If you have any questions about the class or proposed settlement, including needing translation into Spanish or other languages, please feel free to contact Plaintiffs’ Attorneys Amy Marx and Shelley White, New Haven Legal Assistance Association, 205 Orange Street, New Haven, CT 06510. Phone: 203 – 946-4811. Emails: [email protected] or [email protected].
Previous lead coverage:
• Lead Paint Settlement Signed
• Lead, Park, Ricci Suits Enter New Phases
• Lead Lawsuit Settlement Draws Near; 50 New Orders Issued
• Crisis Gov’t: Grilling By Zoom
• Social Services Chief’s Appointment Advances
• City’s Outside Legal Tab Nears $200K For Lead Paint Fight
• City “Explores” Lead Lawsuit Settlement
• Lead Class Action To Drag Into New Year
• New Lead Law Passes, With Teeth
• Legal Aid Lobbies Alders On Lead Paint, Alleges Civil Rights Harm
• Weakened Lead Law Advances
• City Still Fighting As Lead Case Drags On
• City Lands $5.6M In Federal Lead Grants
• 5 New Lead Inspector Positions Approved
• Outrage Stalls Weakened Lead Law
• Lead Paint Legal Tab Tops $118K
• City Plan Passes On Lead Law
• City Loses Again On Lead
• Judge Denies City’s Motion To Dismiss Lead Suit
• City, Legal Aid Clash In Court On Lead
• New Lead Proposal “Eviscerates” Mandate
• Lead Cleanup Pricetag: $91M?
• Lead Panel’s Advice Rejected
• Lead Paint Chief Retires
• Lead Paint Fight Rejoined
• Harp Switches Gears On Lead
• Motion Accuses City Of Contempt
• City Loses Again On Lead
• Briefs Debate “Lead Poisoning”
• New Haven: Another Flint?
• Harp Administration Admits Relaxing Lead Standard To Save $$
• Class-Action Suit Slams City On Lead
• City, Legal Aid Clash On Lead Paint
• Legal Aid To City: Get Moving On Lead Paint Law
• 100+ Tenants Caught In Lead Limbo
• 2 Agencies, 2 Tacks On Lead Paint
• Chapel Apartments Get 3rd Lead Order
• Lead Sends Family Packing
• Health Officials Grilled On Lead Plans
• Judge Threatens To Find City In Contempt
• Same Mandy House Cited Twice For Lead
• Same Mandy House Cited Twice For Lead Paint
• Lead $ Search Advances
• 3 Landlords Hit With New Lead Orders
• Another Judge Rips City On Lead
• Judge To City: Get Moving On Lead
• Health Department Seeks Another $4.1M For Lead Abatement
• City-OK’d Lead Fixes Fail Independent Inspection
• Judge: City Dragged Feet On Lead
• 2nd Kid Poisoned After City Ordered Repairs
• Judge: City Must Pay
• City Sued Over Handling Of Lead Poisonings
• City’s Lead Inspection Goes On Trial
• Eviction Withdrawn On Technicality
• 2nd Child Poisoned; Where’s The City?
• Carpenter With Poisoned Kid Tries A Fix
• High Lead Levels Stall Eviction
• 460 Kids Poisoned By Lead In 2 Years
• Bid-Rigging Claimed In Lead Cleanup
• Judge Orders Total Lead Paint Clean-Up
• Legal Aid Takes City To Task On Lead
Is this a joke? All the items listed are already required by State Regulations. This is about the fifth court settlement that I can recall in the last 25 years concerning lead lawsuits. Each one promising to safeguard children's health and all it is is lip service. What is needed is money, money that can be easily available to the landlords to do the work. Hiring 5 more lead inspectors only increases the backlog of houses awaiting abatement and provides another bite at the apple for Amy Marx and her crew. The HUD grant although well-meaning requires code upgrades in all aspects of housing and takes so long to approve that the landlord is in violation of the timeframes before any work is done. Bringing landlords to housing court is simply kicking the can down the road. No one is fined, jailed or otherwise made to feel uncomfortable. You need to seriously overhaul the system in New Haven and unfortunately the people in charge of it are clueless on how to do it.