Court Won't Appoint Monitor for NYCHA Tenants Seeking Lead Paint Remediation

Tenants, representing a proposed class of NYCHA tenants with young children, sued landlord NYCHA, claiming that NYCHA failed to conduct mandatory HUD inspections for lead paint since August 2012. Tenants sought an injunction against NYCHA and appointment of an independent monitor to oversee NYCHA's lead paint remediation efforts. From 2013 through 2016, NYCHA falsely certified compliance to HUD. In 2017, NYC's Department of Investigations found senior NYCHA officials were aware of NYCHA's violations since 2015. In 2017, NYCHA admitted that such inspections after 2016 may have been conducted by improperly trained persons. However, the court ruled against tenants, who failed to show likely success on the merits of their Fair Housing Act disparate impact claim. And federal law didn't give tenants a constitutional guarantee of adequate housing.

Paige v. NYCHA: Index No. 17 cv 7481, NYLJ No. 1520864813 (SDNY; 3/9/18; Pauley, DJ)