Dust During Renovations Created Lead Paint Hazard

DOB issued  a violation notice to landlord for failing to provide reasonable protections for occupants against hazard and nuisance during building demolition or construction activity. The violation stated that, while combining two units on the fourth floor, landlord's contractor didn't properly control dust during construction in the occupied building. As result, there were excessive amounts of construction dust building up on floors, walls, windowsills, and staircases throughout the building. Dust samples collected by DOHMH also tested positive for lead, posing a significant health risk to building occupants. The ALJ ruled for DOB but denied DOB's request to assess an aggravated penalty.

DOB appealed and won. Evidence supported imposition of an "Agg II" penalty based on confirmed dust samples from five different common areas of the building that showed lead-based paint hazards. This posed risks both to children and adults. Even if there were no children in the building, adults of six occupied apartments were at risk. ECB fined landlord $12,500.

DOB v. SB Renovations LLC: ECB App. No. 1901577 (1/23/20) [3-pg. doc.]