Kim Ahern, candidate for Attorney General, responds to accusation that she violated state's lead mitigation law

Public records show that the most recent lead certification for the ... property, before 2024, expired in June 2016.

The field of Democratic candidates for Rode Island Attorney General, which sees the term-limited end of Peter Neronha’s occupation of that position this year, seems relatively set: Keith Hoffman, former policy chief under Neronha; State Representative Joseph Solomon, Jr. (District 22, Warwick); State Representative Jason Knight (District 67, Barrington, Warren); and Kim Ahern, deputy legal counsel for Governor Gina Raimondo, deputy chief of staff for Governor Daniel McKee, and most recently chair of the Cannibis Control Commission.

This piece is about a document, anonymously sent to me, that appears to be opposition research on Ahern, alleging that the candidate and her spouse violated the lead-mitigation laws that applied to a property she owned and rented.

Before I get into this piece, I have to disclose some possible bias:

Over the years, I have submitted requests for documents under the Access to Public Records Act (APRA) to the offices of Governors Raimondo and McKee, only to have my requests delayed and then essentially denied by demanding outrageously high fees for the review and redaction of the documents I requested. High fees for public records are a way for politicians to veil their actions and prevent public scrutiny, something the Administrations of Governor Raimondo and McKee have taken advantage of, with the assistance of their legal counsel and staff.

Ahern was sometimes the person directly responsible for the delays and denials, and at other times was a member of, or held a position of authority in, the administration, thereby delaying and denying my requests (and those of many other news organizations). [For example, see here and here.] Following this piece, I do hope to have a sit-down interview with Ahen to go over this issue and others related to her run, especially since APRA enforcement falls to the Attorney General. Strong enforcement of the spirit and letter of APRA is essential to the principles of open government, the free press, and my job as a reporter.

The Allegations:

In the documentation I anonymously received, it is alleged:

“A candidate for Attorney General who moonlights as a landlord for years appears to have violated lead safety laws she would have to enforce as Attorney General. The candidate did so even while serving in senior roles under Dan McKee, where state housing policy was in her portfolio. Lead safety laws that this candidate appears to have violated as a landlord exist to protect tenants from the dangers of lead poisoning, which can cause brain damage and have lifelong impacts.

“Public records show that Kim Ahern’s investment properties failed to have lead safety certificates from approximately 2016 and for the next eight years, until late September 2024 — a week before a new state law took effect that would have made her noncompliance more transparent. (Others in the AG race supported this new law, Rep. Jason Knight, the Office of Attorney General Peter Neronha, where candidate Keith Hoffman worked, and Rep. Joe Solomon.)

“During much of those eight years, candidate Ahern had a checkered series of state jobs in addition to landlording. Ahern served as Dan McKee’s Policy Director, and then his Senior Legal Counsel and Deputy Chief of Staff. She gained this last promotion after Tony Silva resigned under a cloud of corruption allegations and Tony Afonso was promoted from Deputy to Chief of Staff, clearing the way for Ahern’s most powerful administration role — even as the State Police and FBI investigated the McKee circle’s mishandling of the ILO contract. McKee later appointed Ahern to run his controversial cannabis commission, which has come under fire for failure to license even a single social equity or worker co-op retailer after years of baffling delays. Before her significant McKee positions, Ahern held more junior roles in the Raimondo administration, under AG Kilmartin and others. To some, Ahern has claimed to be progressive.

“Ahern’s run for AG raises new questions about her activities as a landlord. It is uncertain how many tenants lived in Ahern’s investment units while they remained out of compliance, if any tenants were children or had children visit the properties, or if any tenants were lead poisoned. It’s also sketchy how Ahern could have honestly complied with lead disclosure laws for her tenants, which would have required her to disclose the presence of lead in the units and the status of the property’s lead certificates. Finally, it is unclear if Ahern, a purported housing policy expert, knew the law and chose to violate it or was somehow unaware of basic housing safety laws that exist in Rhode Island and many other states to protect tenants from the dangers of lead poisoning.”

The document also contains a timeline based on public records:

• 2002 — Legislature passes the Lead Hazard Mitigation Act, requiring landlords to regularly check and prove a property’s lead safety by obtaining lead compliance certificates. [This law was enacted in 2002, but was hamstrung by weak enforcement mechanisms.]

• August 12, 2009 — Kimberly Ahern purchases duplex at 43–45 Firglade Ave.

• November 9, 2015 — Interior-Only lead certificate issued for duplex at 43–45 Firglade Ave.

• November 30, 2015 — Ahern purchases residence at 348 Grotto Ave.

• June 30, 2016 — Interior-Only certificate expires for duplex at 43–45 Firglade Ave.

• 2020 — Ethics filing identifies Firglade property as rental property.

• March 3, 2021 — Ahern appointed Policy Director.

• November 17, 2021 — Ahern promoted to Deputy Chief of Staff.

• March 7, 2023 — Updated lead enforcement legislation introduced.

• June 19, 2023 — Updated lead enforcement legislation signed into law. Part of the legislation establishes a statewide rental registry that requires landlords to publicly file lead conformance certificates (already required by law), making noncompliance visible to the public.

• September 24, 2024 — Lead Conformance certificates issued for Firglade property, just days before the October 1, 2024, deadline for initial registration in Rhode Island’s statewide rental registry established by the 2023 legislation.

• Public records show that the most recent lead certification for the Firglade property, before 2024, expired in June 2016.

The Ahern Campaign response:

I forwarded the entire document I received to Ahern for comment, and received the following response from her Communications Director, Josh Block:

“Hope you had a nice week, and thanks for bringing this to our attention.

“The property referenced here used to be Kim’s primary residence, and her oldest daughter was born while living there. That year, the property was inspected for lead, and Kim and Jenna invested in mitigation measures to ensure it would be safe for their daughter.

“Since moving out of this property, no children have resided here, and subsequent tenants have been provided and signed the standard lead disclosure form as part of their lease - a disclosure common to any property built prior to 1978. In 2023, in order to ensure compliance with changes to the lead law set to go into effect in 2024, Kim and Jenna had another inspection performed and invested in another round of mitigation to encapsulate any potential lead risk.

“With regard to your other questions about Kim’s background and positions, I’d be happy to circle back this summer about setting up some time for you two to chat.”

Some observations:

For eight years, the property in question had no valid lead certificate, a violation of the law. The “changes to the lead law set to go into effect in 2024” mentioned by Josh Block were changes in the enforcement of the law, not, fundamentally, the law itself.

The Ahern campaign is not denying the core allegations contained in the document.

There is no reason to doubt Block’s assertion that “Since moving out of this property, no children have resided here,” but, as DeeAnn Guo, a community organizer with the Childhood Lead Action Project recently testified before the House Judiciary Committee in response to legislation aimed at weakening the state’s laws on lead mitigation, and would exempt rental properties that do not house at-risk occupants:

“Adding an exemption from lead safety requirements for rental properties that do not house at-risk occupants is illogical... Children do not stay in one home for their entire childhood. They might visit family and friends. Families move, and people who are not currently pregnant may choose to have children. Also, while it is true that younger children are the most at risk for lead poisoning, lead is a toxin that can negatively impact neurological, cardiovascular, and reproductive health in all members of a household, from older children to adults to even pets.”

How important is this allegation? That’s up to voters to decide, but, as the document I was leaked asserts, the “Attorney General has had an important role in enforcing lead safety requirements for property owners.”

The Attorney General is more than the head of the State’s law firm; they are also the state’s “top cop.” The Attorney General’s Office oversees criminal prosecutions, civil enforcement, environmental protection, and consumer advocacy. In an era of housing shortages, slumlord abuses, escalating rents, and rising homelessness, we need an Attorney General responsive to these issues. If elected, I sincerely hope that Kim Ahern can be that person.