City Not Properly Enforcing Lead Paint Law

Facts: Tenants sued the City of New York to compel compliance with lead paint removal law requirements. Under the law, the existence of lead-based paint in apartments with children age 6 or younger is a hazardous violation that must be corrected immediately. In 1989 the court ruled that the city hadn't implemented regulations under the law to inspect all lead paint complaints or correct the conditions in all pre-1960 buildings where young children lived. The city didn't comply with the court order but instead drafted a proposed law to repeal the lead paint removal law. In 1993 the court held the city in civil contempt. The appeals court ruled against the city. HPD continued to use a system of ranking complaints about peeling paint into three degrees of seriousness. Tenants claimed this violated the law and again asked the court to hold the city in contempt. The city's attorney admitted that third-level complaints would never be reached under the city's system. Court: The city, HPD's commissioner, and other city officials were in contempt of court. The court ordered that HPD's commissioner go to jail unless one particular tenant was paid $5,400. The court also fined the city in the amount of the monthly rent of each of the tenants joined in the lawsuit.

New York City Coalition to End Lead Poisoning v. Giuliani: NYLJ, p. 27, col. 3 (5/1/97) (Sup. Ct. NY; York, J)