MacKie v. State

936 A.2d 588, 2007 R.I. LEXIS 126, 2007 WL 4302128
CourtSupreme Court of Rhode Island
DecidedDecember 11, 2007
Docket2006-63-M.P.
StatusPublished
Cited by15 cases

This text of 936 A.2d 588 (MacKie v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacKie v. State, 936 A.2d 588, 2007 R.I. LEXIS 126, 2007 WL 4302128 (R.I. 2007).

Opinion

OPINION

Chief Justice WILLIAMS,

for the Court.

In an effort to reduce the number of childhood lead poisonings in Rhode Island, the General Assembly enacted legislation intended to identify and correct lead hazards in this state. This legislation, the Lead Hazard Mitigation Act (LHMA), G.L. 1956 chapter 128.1 of title 42, has, nevertheless, sparked yet another controversy over lead paint. 1

This case came before the Supreme Court for oral argument on November 5, 2007, pursuant to a petition for a writ of certiorari filed by defendants, the State of Rhode Island, Patrick Lynch, in his capacity as Attorney General of Rhode Island, David R. Gifford, M.D., M.P.H., in his capacity as director of the Rhode Island Department of Health, and Susan Baxter, in her capacity as chairwoman of the Rhode Island Housing Resources Commission (defendants or state). In their petition, defendants sought this Court’s review of a Superior Court decision, in which a portion of the LHMA was declared unconstitutional, as being violative of the Equal Protection Clause of the Rhode Island Constitution. This Court granted defendants’ petition, and for the reasons set forth herein, quashes the decision of the Superior Court.

I

Facts and Travel

A

The Lead Hazard Mitigation Act

In 2002 the General Assembly enacted the LHMA (P.L. 2002, ch. 187, § 3) and declared its purpose to be threefold. Section 42-128.1-3 provides that “[i]n order to promote the prevention of childhood lead poisoning in Rhode Island,” the LHMA is intended

“(1) To increase the supply of rental housing in Rhode Island in which lead hazards are, at a minimum, mitigated;
“(2) To improve public awareness of lead issues and to educate both property owners and tenants about practices that can reduce the incidence of lead poisoning;
“(3) To resolve disjointed insurance practices arising from lead liabilities exclusions.”

To that end, the LHMA imposes several duties on owners of rental dwellings constructed before 1978. These duties include: (1) attending a lead hazard awareness seminar; (2) evaluating the dwelling unit and premises for lead hazards; (3) correcting lead hazards by meeting the lead hazard mitigation standard; (4) providing tenants with information; and (5) correcting lead hazards within thirty days after notification. Section 42-128.1-8(a).

The LHMA originally provided that the lead hazard mitigation requirements would apply to the first change in ownership or tenancy after July 1, 2004; however, in 2004, that date was postponed to July 1, *591 2005, and in 2005, it again was postponed to November 1, 2005. See P.L. 2002, ch. 187, § 3; P.L. 2004, ch. 221, § 2; P.L. 2005, ch. 142, § 2. In 2005, the General Assembly also amended the act to include an exemption for certain property owners. P.L. 2005, ch. 142, § 2. The statute now in effect includes this exemption, which provides:

“(e) Notwithstanding the foregoing, the provisions of this chapter shall not apply to common areas in condominium complexes that are owned and operated by condominium associations, or to pre-1978 rental dwelling units that are:
“(1) Lead safe or lead free; or
“(2) Temporary housing; or
“(3) Elderly housing; or
“(4) Comprised of two (2) or three (3) units, one of which is occupied by the property owner; or [sic]
“The department of health shall report to the legislature annually on the number of children who are lead poisoned in any of the exempted dwelling units as referred to in subdivision (e)(4) of this section.” Section 42-128.1-8(e).

At the center of this litigation is subsection (e)(4) of § 42-128.1-8, which exempts owner-occupied two- and three-unit dwellings from the act’s mandates. The plaintiffs, owners of rental properties in various locations throughout the state, alleged that this exemption results in different treatment for similarly situated property owners without regard to any lead hazard to children. The plaintiffs asserted that the act is arbitrary in treating owner-occupied and non-owner-occupied dwellings of the same size differently and in treating owner-occupied two- and three-unit dwellings differently from owner-occupied four- or five-unit dwellings. The plaintiffs’ complaint sought both declaratory and injunc-tive relief. More specifically, it requested that the Superior Court declare the LHMA unconstitutional and enjoin the state from enforcing the act.

B

Evidentiary Phase of the Declaratory Judgment Hearing

A three-day hearing commenced in late 2005 in the Superior Court on plaintiffs’ request for a declaratory judgment. 2

The plaintiffs, to support their contention that the exemption found in the LHMA is arbitrary, relied on certain exhibits. The plaintiffs first submitted a letter from Dr. David R. Gifford, director of the Rhode Island Department of Health (DOH) to Representative Joseph A. Trillo, who served on the legislative commission that studied the LHMA in 2005. Accompanying the letter was a summary of data about childhood lead poisonings in 2004. According to this data, 175 children were significantly poisoned that year and, of those, 129 poisonings resulted in a property inspection. Of those 129 inspections, sixty-three were identified either as “owner-occupied” or “possibly owner-occupied” buildings and sixty-four involved non-owner-occupied buildings. There was insufficient data to categorize the remaining two properties.

The plaintiffs also introduced an affidavit from Eben Dowell, an urban information specialist, who studied the DOH blood lead testing records from 1998 to 2002 for children seventy-two months old or younger living in multifamily properties in Providence. In his affidavit, Do-well concluded that “the occurrence of *592 elevated blood levels was related to the rate of owner-occupancy.” Dowell’s study revealed that of the properties in which at least one child had been found with a blood lead level of at least ten micrograms per deciliter, 59 percent were not owner-occupied. This percentage increases, according to Dowell’s study, with a larger number of children poisoned. For example, of the properties in which at least two children were poisoned, 63 percent were not owner-occupied, and of the properties in which at least three children were poisoned, 69 percent were not owner-occupied. Dowell’s study also reported that the percentage of non-owner-occupied properties was higher for more severely poisoned children. For example, of the properties in which one child had been found with a blood lead level of at least twenty micrograms per deciliter, 63 percent were not owner-occupied. This percentage also increased with a larger number of children poisoned. Of the properties in which two children were poisoned, 69 percent were not owner-occupied and of the properties in which three children were poisoned, 71 percent were not owner-occupied.

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Cite This Page — Counsel Stack

Bluebook (online)
936 A.2d 588, 2007 R.I. LEXIS 126, 2007 WL 4302128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackie-v-state-ri-2007.