DOH Records Can Be Used for Housing Code Violation

(Decision submitted by Matthew J. Chach$re, staff attorney with Bronx Legal Services, which represented the tenant.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed there were unsafe levels of lead paint in her apartment and asked the court to order landlord to do necessary work to abate the problem. The court ruled for tenant. The court found that it had the power to use DOH inspection records identifying paint with a lead content of 0.7 milligrams per square centimeter to impose Class C immediately hazardous lead point violations under the Housing Maintenance Code.

Ann-Gur Realty Corp. v. Rojas: L&T Index No. 32710/95 (9/28/95) (Civ. Ct. Bronx; Alterman, J) [7-page document]