Derek Merrin Proposed Legislation Voiding Toledo’s Laws Protecting Tenants, Including Children, From Lead Poisoning, Saying He Did Not Like That Toledo’s Ordinance Required Testing At Rental Properties, Including Ones Like His Own

News 5 Cleveland: Merrin Has “Helped Himself As Well” By Proposing Measures Friendly To Landlords

News 5 Cleveland: Merrin Has “Helped Himself As Well” By Proposing Measures Friendly To Landlords. “But while Merrin will labor under the radar to, say, reduce BMV visits for residents, he’s helped himself as well. Outside the Statehouse, Merrin owns rental properties and he’s proposed measures friendly to landlords like himself. […] A year earlier, Merrin added an amendment to the operating budget aimed at kneecapping a Toledo lead ordinance. That measure ordered landlords who own properties built prior to 1978 remove lead paint or face a fine. The city passed another version of that legislation in 2020. The deadline for compliance was June of last year, and some landlords were still dragging their feet.” [News 5 Cleveland, 1/3/23]

• News 5 Cleveland: “Merrin Owns Rental Properties And He’s Proposed Measures Friendly To Landlords Like Himself.” “But while Merrin will labor under the radar to, say, reduce BMV visits for residents, he’s helped himself as well. Outside the Statehouse, Merrin owns rental properties and he’s proposed measures friendly to landlords like himself. […] A year earlier, Merrin added an amendment to the operating budget aimed at kneecapping a Toledo lead ordinance. That measure ordered landlords who own properties built prior to 1978 remove lead paint or face a fine. The city passed another version of that legislation in 2020. The deadline for compliance was June of last year, and some landlords were still dragging their feet.” [News 5 Cleveland, 1/3/23]

2016: The Toledo City Council Voted Unanimously To Approve A Lead Ordinance That Called For Properties Built Before 1978 To Be Inspected For Lead Paint

The Toledo City Council Voted Unanimously To Approve A Lead Ordinance Called That For Rental Properties Built Before 1978 To Be Inspected For Lead Paint Before Leasing To Tenants. “Toledo City Council today approved a controversial ‘lead safe’ ordinance that calls for some rental properties built before 1978 to be inspected and deemed safe before leasing to tenants. Council voted 10-0 to approve the law that won’t take effect for one year.” [Toledo Blade, 8/16/16]

• Columbus Dispatch: Houses Built Before 1978, And Especially Those Built Before 1950, Were Likely To Have Lead Paint. “Houses built before 1978, and especially those built before 1950, are likely to have lead paint.” [Columbus Dispatch, 6/12/17]

2017: Merrin Proposed Legislation That Would Void Local Laws Created To Address Lead Poisoning, Including Toledo’s, And Remove Mandatory Lead Pipe Testing For Rental Properties In Ohio

2017: Merrin Proposed Legislation That Would Strip Municipalities Of Authority To Create Local Efforts Addressing Childhood Lead Poisoning

2017: Merrin Proposed An Amendment To The State Budget That Would Strip Municipalities Of Authority To Create Local Efforts Addressing Childhood Lead Poisoning. “Doctors, parents, city leaders and healthy home advocates took turns Wednesday telling the Ohio Senate Finance subcommittee on Health and Medicaid why they oppose an amendment to the state budget that would strip municipalities of authority to create local efforts to address childhood lead poisoning. […] Rep. Derek Merrin, a Republican who represents parts of Lucas and Fulton counties, proposed the amendment last month and has argued that a fractured system of rules that change from city-to-city is not only unfair to landlords but doesn't give all children in Ohio equal protection from lead exposure. Merrin, in an editorial post on his web site and in print in the Toledo Blade, said the state's approach needs to be more proactive. It currently only outlines a response for after a child is poisoned. Merrin also said more money needs to be spent to address the problem.” [Cleveland.com, 5/25/17]

• Toledo Blade: Merrin’s Legislation Would Void Laws Governing Lead Abatement. “Although Toledo’s law does not require abatement — but rather mandates that affected properties undergo lead-safe inspections, cleaning, and repairs — Mr. Merrin’s addition is seen as a possible attempt to usurp or weaken the city’s law, as it voids ‘any law or rule governing the abatement of lead, lead-based paint, or the employment or licensing of lead abatement professionals.’” [Toledo Blade, 4/29/17]
• Toledo Blade: Merrin’s Amendment Was Seen As A Possible Attempt To Usurp Or Weaken Toledo’s Lead Abatement Law. “Although Toledo’s law does not require abatement — but rather mandates that affected properties undergo lead-safe inspections, cleaning, and repairs — Mr. Merrin’s addition is seen as a possible attempt to usurp or weaken the city’s law, as it voids ‘any law or rule governing the abatement of lead, lead-based paint, or the employment or licensing of lead abatement professionals.’” [Toledo Blade, 4/29/17]

Merrin’s Legislation Would Remove Mandatory Lead Pipe Testing For Rental Properties In Ohio

Merrin’s Legislation Would Remove Mandatory Lead Pipe Testing For Rental Properties. “The National Republican Congressional Committee has turned to Derek Merrin, a state representative and real estate investor who once proposed legislation to remove mandatory lead pipe testing for rental properties in Ohio cities, in the state’s Ninth Congressional District race.” [Heartland Signal, 1/11/24]

Merrin Said He Did Not Like That Toledo’s Lead Ordinance Required Testing For Rental Properties Of Four Or Fewer Units, And Called Varied Rules By City Unfair To Landlords

Merrin Said He Did Not Like That Toledo’s Ordinance Required Testing For Rental Properties Of Four Or Fewer Units. “In 2016, Toledo began requiring inspections of rental properties to prevent lead poisoning. It's believed to be the first city in Ohio to do so, and some Columbus City Council members want to follow suit. […] Merrin doesn’t like that Toledo’s ordinance requires testing at rental properties of four or fewer units, while larger apartment complexes and owner-occupied homes are exempt.” [Columbus Dispatch, 6/12/17]

Merrin Argued That A Fractured System Of Lead Rules That Changed City-To-City Was Unfair To Landlords. “Doctors, parents, city leaders and healthy home advocates took turns Wednesday telling the Ohio Senate Finance subcommittee on Health and Medicaid why they oppose an amendment to the state budget that would strip municipalities of authority to create local efforts to address childhood lead poisoning. […] Rep. Derek Merrin, a Republican who represents parts of Lucas and Fulton counties, proposed the amendment last month and has argued that a fractured system of rules that change from city-to-city is not only unfair to landlords but doesn't give all children in Ohio equal protection from lead exposure. Merrin, in an editorial post on his web site and in print in the Toledo Blade, said the state's approach needs to be more proactive. It currently only outlines a response for after a child is poisoned. Merrin also said more money needs to be spent to address the problem.” [Cleveland.com, 5/25/17]

All Five Of Merrin’s 2022 Properties In Toledo Were Four Or Fewer Units And Were Likely To Have Lead Paint Since They Were Built Before 1978

Houses Built Before 1978, And Especially Those Built Before 1950, Were Likely To Have Lead Paint

• Columbus Dispatch: Houses Built Before 1978, And Especially Those Built Before 1950, Were Likely To Have Lead Paint. “Houses built before 1978, and especially those built before 1950, are likely to have lead paint.” [Columbus Dispatch, 6/12/17]

All 5 Of Merrin’s 2022 Toledo Properties Were Four Or Fewer Units And Were Likely To Have Lead Paint Since They Were Built Before 1978

3217 Glanzman Road #36, Toledo, OH Was A 3-Bedroom Condo Built In 1964. [Zillow, accessed 6/6/24]

Image: see original report, p. 12

[Zillow, accessed 6/6/24]

4646 Manorwood Road, Toledo, OH, 43612 Was A Single-Family Home Built In 1949. [Zillow, accessed 6/6/24]

Image: see original report, p. 13

[Zillow, accessed 6/6/24]

2320 Ann Drive, Toledo, OH, 43613 Was A Single-Family Home Built In 1964. [RedFin, accessed 6/6/24]

Image: see original report, p. 13

[RedFin, accessed 6/6/24]

1511 Gould Road, Toledo, OH, 43612 Was A Single-Family Home Built In 1929. [Zillow, accessed 6/6/24]

Image: see original report, p. 14

[Zillow, accessed 6/6/24]

5142 Tappan Ave, Toledo, OH, 43612 Was A Single-Family Home Built In 1955. [Zillow, accessed 6/6/24]

Image: see original report, p. 14

[Zillow, accessed 6/6/24]

Certifying Merrin’s Units Were Lead Safe Would Cost Him Thousands Of Dollars

The Average Cost Of A Lead Clearance Exam Was About $400 Per Unit

According To Toledo LeadSafe, The Average Cost Of A Lead Clearance Exam Was $400 Per Unit, But Varied By Technician. “How much do I charge for clearance exam? The average cost of a clearance exam in Toledo is around $400 per unit. This price is based upon our experiences with Local Lead Inspectors. This price is set by the individuals or companies doing the work and may vary.” [LeadSafe Toledo, For Lead Workers, accessed 6/18/24]

Encapsulating Or Removing Lead Paint Cost Thousands Of Dollars Per Property

If Lead-Based Paint Was Detected In A Home, The EPA Recommended That It Was Encapsulated Or Removed. “The Environmental Protection Agency (EPA) enacted laws in 2010 designed to prevent contamination from lead-based paints. With simple testing, you can determine the presence of lead-based paint in a home and there are several options for removing or protecting the paint. To do it safely, it is crucial to work with a contractor who is certified in lead paint removal and can determine the best abatement strategy. Encapsulation, or encasement, involves brushing or rolling on a specially-made coating to create a watertight bond to seal in the paint. […] Removal approaches vary but often include using a wire brush or wet hand scraping with liquid paint removers.” [Toledo City Paper, 8/15/17]

2017: The Average Cost Of Encapsulating Lead Paint Was Between $800 And $1,400, Not Including Labor. “The Environmental Protection Agency (EPA) enacted laws in 2010 designed to prevent contamination from lead-based paints. With simple testing, you can determine the presence of lead-based paint in a home and there are several options for removing or protecting the paint. To do it safely, it is crucial to work with a contractor who is certified in lead paint removal and can determine the best abatement strategy. Encapsulation, or encasement, involves brushing or rolling on a specially-made coating to create a watertight bond to seal in the paint. Is the simplest and most affordable method, but least effective. Opening and closing doors and windows may eventually wear off the coating. Encapsulation products start at about $50 per gallon. In 1,200- to 2,000-sq. ft. home, it will cost $800 to $1,400, not including labor.” [Toledo City Paper, 8/15/17]

2017: The Average Lead Paint Removal Project Cost About $10,000. “The Environmental Protection Agency (EPA) enacted laws in 2010 designed to prevent contamination from lead-based paints. With simple testing, you can determine the presence of lead-based paint in a home and there are several options for removing or protecting the paint. To do it safely, it is crucial to work with a contractor who is certified in lead paint removal and can determine the best abatement strategy. […] Removal approaches vary but often include using a wire brush or wet hand scraping with liquid paint removers. Contractors often wet sand surfaces with a high-efficiency particulate air (HEPA) filtered vacuum. Sometimes, paint can be stripped off with a low-temperature heat gun. Using open flame burning, torching, machine sanding without a HEPA attachment, abrasive blasting or power washing are all forbidden. On average, the EPA estimates that professional lead-based paint removal costs about $8 to $15 per square foot or about $9,600 to $30,000 for a 1,200- to 2,000-sq. ft. house. The average removal project costs about $10,000.” [Toledo City Paper, 8/15/17]