Criminal Contempt Finding Against City Revoked

Facts: Tenant group sued the City of New York and HPD Commissioner for not taking proper actions to prevent lead paint poisoning of children. The court ruled for tenants and ordered the city and HPD to issue and enforce written policies and procedures to prevent exposure of children to lead paint dangers in apartment buildings. Because HPD admitted after the court order was issued that it wouldn't respond to ``priority 2 and 3'' lead-based paint complaints and because it didn't address the issue of relocation, the court later held the city and HPD in both criminal and civil contempt for not complying with the court's order. The city and HPD appealed. Court: The civil contempt finding was proper because the city and HPD repeatedly violated the court's preliminary order to issue and enforce policies and procedures for lead paint abatement. But the court revoked the criminal contempt finding since tenants hadn't proved beyond a reasonable doubt that HPD Commissioner deliberately and willfully violated the court order.

New York City Coalition To End Lead Poisoning v. Giuliani: NYLJ, p. 26, col. 6 (6/9/97) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Tom, Mazzarelli, Andrias, JJ)