Companion to CTS’s PEOPLE WITH ASTHMA: APPROPRIATE RENTAL HOUSING ACCOMMODATIONS

 

THE EXPERTS SAY: For successful long-term asthma management, it is essential to identify and reduce exposures to relevant allergens and irritants and to control other factors that have been shown to increase asthma symptoms and/or precipitate asthma exacerbations. These factors fall into four categories: inhalant allergens, occupational exposures, nonallergic factors, and other factors.” —NIH National Asthma Education and Prevention Panel, Expert Panel Report 2 (NAEPP EPR-2), 7/97 and its 2002 update

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Identifying and substantially reducing the relevant exposures will result in significantly reduced inflammation, symptoms, and need for medication. The home environment and other places the person with asthma spends extended periods of time—school, day care or work—also are appropriate for exposure reductions.

 

v       INHALANT ALLERGENS (only relevant for individuals who are sensitive):

§         House-dust mites[1] (universal in areas of high humidity, which is most of the US)

§         Animal allergens1 (dander, urine, feces, saliva from any warm-blooded pet, rodent, bird)

§         Cockroach allergens1 (a consideration in inner city and southern part of US)

§         Dust or indoor fungi (mildew, molds: Aspergillus, Penicilium)

§         Outdoor mold spores (Alternaria1, Cladosporium; may be seasonal)

§         Outdoor allergens (pollen from trees, grasses, weeds; seasonal)

 

v      OCCUPATIONAL EXPOSURES:

§   Sensitizing chemicals, dusts1 can induce [cause] asthma: toluene diisocyanates (TDI, common in polyurethane paints, varnishes & plastics), latex, formaldehyde, plant or animal products such as redwood dust, isocyanates, detergent enzymes, tetracycline, tartrazine, products of heated adhesives

§   Allergen or irritant-induced aggravation of pre-existing asthma: mineral & inorganic dusts, solvents, pyrolysis products, cleaning materials, irritant gases, dusts, fumes, physical stimuli (cold, heat, humidity)

 

v      IRRITANTS:

§         Tobacco smoke (directly inhaled or second hand/environmental[2])

§         Indoor/outdoor air pollution and irritants

²      Fumes from unvented/improperly vented gas, oil or kerosene appliances or heaters [N02; CO]

²      Use of wood-burning appliances or fireplaces

²      Pollution levels, especially respirable particulates (PM2.5), ozone, SO2, NO2 [CO, a fatal poison, can be a marker of exhaust from internal combustion engines]

²      Other irritant fumes or strong odors from paints, pesticides, cleaning agents, sprays, perfumes

 

v      OTHER FACTORS THAT CAN INFLUENCE ASTHMA SEVERITY:

§         Rhinitis, sinusitis

§         Gastroesophageal reflux

§         History of sensitivity to aspirin, other nonsteroidal anti-inflammatory drugs, or sulfite-containing foods (a preservative in many prepared salads, processed potatoes, shrimp, dried fruit, beer, wine)

§         Topical and systemic beta-blockers, including some eye drops for glaucoma

§         Viral respiratory infections (colds, influenza, respiratory syncytial virus [RSV])

 


B  ASTHMA TRIGGERS: BASIC ENVIRONMENTAL CONTROLS  B

 

CATEGORY

 OWNER OPTIONS

RENTER OPTIONS

General sanitation [& pest reduction]:

2 Must rent units (in California) in clean condition, without vermin, rodents

Don’t leave food or garbage exposed

 

2 Must supply enough covered trash & garbage disposal bins; routine removal

Always keep food & beverages out of bedrooms

 

2 Aim for zero cockroaches, get to 10 with integrated pest management [use of poison bates, traps, boric acid, not more toxic chemical agents]

î If chemical agents are used, notify tenants in advance, ventilate the area well; tenants should not return to the area until the odor has dissipated

If sensitive to a pet, remove the animal from the home [at least keep it out of the patient’s bedroom, & place dense filtering material over forced air outlets to trap dander particles]

Excess moisture [dampness leads to mites, mold growth, & cockroaches]:

2 Keep indoor humidity at 50% or less:

î Have no broken windows, leaky roofs or pipes

î Have a regular schedule for inspecting roofs, ceilings, walls, floors & carpets for water & moldy odor

î Have washer & dryer hookups, high quality bath & kitchen fans, & directly vent each to outside

î Don’t allow sprinklers to strike buildings

î Keep indoor humidity between 30- 50%

î Avoid high occupancy rates: they cause inadequate ventilation & higher humidity

 

2 Assure an adequate HVAC system [inadequate systems trap moisture]

Set HVAC at “on” (never “auto”) so fresh air is introduced

 

2 Immediately & thoroughly dry damp building materials or furnishings [any dampness remaining after 24 hours can grow molds]

If you smell or see mildew or mold: fix it fast and thoroughly. Spores regrow quickly!

Dust mite reduction:

2 Remove carpets, especially in bedrooms & on concrete. Ideal flooring is smooth & easy to clean: wood, vinyl, tile

î Cover the mattress & pillow with allergen-impermeable covers

î Wash patient’s sheets & blankets weekly at 130ºF to kill dust mites

î Minimize stuffed toys in children’s beds, & wash them weekly in hot water

î Remove rugs & curtains from bedrooms

î Avoid lying or sleeping on upholstered furniture

Reduce fossil fuel emissions:

2 Provide adequate insulation, an energy- efficient heating system, and electric appliances

Keep room temperatures consistent, above 650F & below 780F

Control irritant fumes:

2 Have gas, oil or kerosene appliances & heaters professionally installed & routinely maintained

 

 

2 Reduce particleboard & products, which emits formaldehyde vapor

 

Reduce outdoor allergens:

2 Select groundcovers & bushes that reduce allergens, dust, maintenance, moisture, & chemical dependence

In your at-risk pollen season: close windows, stay indoors especially in afternoon

Design details (general building & decorating):

2 Avoid dust, maximize wipable surfaces:

î use water-based wall paint, not paper or vinyl covering

î use window shades [not drapes or blinds]

î provide adequate storage & closets, to decrease collection of mites, dust & mold

 

 

 

 

CHR 11/28/02; 12//03/02

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© CTS  12/02

 

 


GENERAL REQUIREMENTS CONCERNING

ASTHMA AND OTHER LUNG DISEASE ACCOMMODATIONS

 

Companion list with the 2001California Thoracic Society ©

People with Asthma: Appropriate Rental Housing Accommodations Guide

 

RENTAL HOUSING:

Ø      Most states and countries have an implied warranty of habitability as a basic legal right. These common laws or statutory codes also prohibit landlord retaliation or eviction when a tenant pursues these housing rights. State sanctions may be imposed for landlord delays.

Ø      US Fair Housing Act Amendments (FHAA, 1988) added disability and strengthened enforcement of the civil rights discrimination law. Protections apply for both public and private housing whenever there are 4(+) rental units. Landlord cannot ask or discriminate in application process; cannot require additional security deposit or rental charges from tenants with disabilities. Adaptive building design became effective 3/13/91; reasonable accommodations are required. If the building was occupied before 3/13/91, renter must be allowed to make modifications at own expense. FHAA also applies to banks, realtors, appraisers etc when buying or selling a house. [Greater protection by state and local law can occur]. Enforcement avenues include administrative complaints and private lawsuits. Remedies include court order to comply with Section 504; attorney fees; monetary damage awards are possible.

Ø      People with disabilities have further protections in public housing via:

§   Section 504 of the US Rehabilitation Act (1973 and 1978 amendment extending coverage to federal government itself): applies whenever federal funds are used to build public housing projects or to use Section 8 vouchers in renting in a “private” building. The private Section 8 landlord is not required to make modifications, yet the Public Housing Authority can arrange a transfer to another unit that is suitable. Unit integration is required. Section 504 implementation is under HUD regulations. Administrative complaints and private lawsuits can occur, with remedies including court order to comply with FHAA, attorney’s fees, compensatory and punitive damages. An Attorney General lawsuit can occur if there is either a pattern or general public importance: remedies are possible as noted above, plus a fine to $50,000 for the first violation and to $100,000 for subsequent violations.

§   Title II of the US Americans with Disabilities Act (ADA, 1990): a person with substantial limitation from a lung disease such as asthma, who can document substantial limitations & personal exacerbation, can request & require either

è      A reasonable accommodation of rules, policies, practices or services where necessary to allow the person with the disability the opportunity to use and enjoy a dwelling [Examples: placement in—or relocation to—an accessible unit away from the prevailing breeze that blows pesticide spray, heavy pollen, or diesel fumes from the neighborhood; a designated parking space], and/or

è      A reasonable modification that changes the structure at either the landlord’s or (with Section 8 payment vouchers) the Housing Authority’s expense. [Example: removing wall-to-wall carpeting can be an asthma related modification].

Ø      If any federal money is involved, then FHAA, Section 504 and ADA Title II many all apply.

Ø      California & other state disability laws parallel and sometimes exceed federal regulations. They also may apply.

 

DAY CARE FACILITIES:

Ø      Section 504 and Title III of ADA applies (re public accommodations)

§   Religious entities are entirely exempt from Title III ADA (only)

Ø      See Workplace requirements for employees, below

 

SCHOOLS (typical classroom has four times as many occupants as an office):

Ø      Section 504, and Title III of ADA and other laws are implicated

§   Religious entities are entirely exempt from Title III ADA (only)

Ø      See Workplace requirements for employees, below

 

WORKPLACES (adults may spend more hours/day here than in their own dwellings):

ØTitle I of ADA, if there are 15(+) employees

ØRelevant California law applies when there are 5(+) employees

Ø   California workplaces must have an Injury and Illness Prevention Program (Title 8, California Code of Regulations, Section 3203) with a hazard reporting procedure: report moisture-mold etc. problems to your employer, supervisor, health and safety officer, union representative or school board.                                                                        

© CTS 11/01 ctslung@aol.com                                                                                                                              CHR 11/9/01; 12/3/02

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[1] Studies confirm that sensitization among genetically susceptible populations (allergy) to these certain allergens is a risk for developing asthma in children. The importance of inhalant sensitivity as a cause of asthma declines with advancing age

 

[2] Exposure to maternal smoking has been shown to be a risk factor for developing asthma in infancy, although not for persistence of childhood asthma into adulthood

CHR 11/28/02; 12/3/02