Challenge to Lead-Based Paint Law Dismissed

Landlord organizations sued the New York City Council to challenge the validity of the Childhood Lead Poisoning Prevention Act, Local Law 1 of 2004. The court ruled against landlord organizations, finding that they didn't have standing to maintain a claim. They appealed and lost. Landlord organizations claimed that the law caused environmental harm because it would lead to a reduction in affordable housing and an increase in cases of lead poisoning. The court found that there was insufficient proof to show injury to landlords. And even if true, any environmental harm would be shared by the public at large, not just by landlords. In addition, the rebuttable presumption in the law that paint in pre-1960 buildings has a lead base was rational and didn't violate due process. The City Council didn't exceed its authority by passing a law that adopted this presumption. The law didn't impose absolute liability.

Rent Stabilization Assn. of N.Y.C., Inc. v. Miller: NYLJ, 2/7/05, p. 33, col. 1 (App. Div. 1 Dept.; Mazzarelli, JP, Ellerin, Nardelli, Gonzalez, Catterson, JJ)