Former Tenants Claim They Were Injured as Children by Lead Paint

December 16, 2013

LVT Number: #25214

Former tenants sued landlord, claiming that they were exposed to lead paint in landlord's buildings when they were children. Among other things, they claimed that the federal and state laws, regulations, and health department guidelines legally put landlord on notice of the conditions in their apartments. The court ruled against tenants on this issue, and they appealed. The appeals court found that the laws and regulations didn't establish as a matter of law that landlord had notice of dangerous lead paint conditions in tenants' apartments.

Former tenants sued landlord, claiming that they were exposed to lead paint in landlord's buildings when they were children. Among other things, they claimed that the federal and state laws, regulations, and health department guidelines legally put landlord on notice of the conditions in their apartments. The court ruled against tenants on this issue, and they appealed. The appeals court found that the laws and regulations didn't establish as a matter of law that landlord had notice of dangerous lead paint conditions in tenants' apartments. But there were questions of fact as to whether landlord had notice of the conditions that required a trial. 

Burgess v. Meyer: 975 NYS2d 271, 2013 NY Slip Op 07284 (App. Div. 4 Dept.; 11/8/13; Centra, JP, Fahey, Lindley, Sconiers, Whalen, JJ)

Topics

More like this