Did Lead Paint in NYCHA Apartment Cause Injury to Tenant's Child?

May 15, 2019

LVT Number: #30092

Tenant sued landlord NYCHA, claiming that her child was injured by exposure to lead-based paint in their apartment. Landlord claimed that there was no hazardous lead paint condition in the apartment, but the court denied landlord's request to dismiss the case without a trial. Landlord appealed and lost. There were conflicting inspection reports by the Department of Health & Mental Hygiene (DOHMH) and NYCHA's independent consultant. And there were questions as to whether landlord took reasonable steps to prevent a dangerous lead-paint condition in the apartment.

Tenant sued landlord NYCHA, claiming that her child was injured by exposure to lead-based paint in their apartment. Landlord claimed that there was no hazardous lead paint condition in the apartment, but the court denied landlord's request to dismiss the case without a trial. Landlord appealed and lost. There were conflicting inspection reports by the Department of Health & Mental Hygiene (DOHMH) and NYCHA's independent consultant. And there were questions as to whether landlord took reasonable steps to prevent a dangerous lead-paint condition in the apartment. A trial was needed to determine the facts.

LM v. NYCHA: Index No. 2018-00060--709806/14, 2019 NY Slip Op 03037 (App. Div. 2 Dept.; 4/24/19; Rivera, JP, Roman, Hinds-Radix, LaSalle, JJ)

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