HPD's Contractor Properly Repaired Lead Paint Hazard

June 30, 2004

LVT Number: 17413

In September 2002, HPD issued a violation notice to landlord, ordering her to correct a lead-based paint hazard by Oct. 31, 2002. HPD determined that landlord didn't make the repairs by the required date and hired a contractor who completed repairs by Dec. 31, 2002. Landlord filed a protest against HPD's contractor doing the work, claiming that she had already corrected the condition. HPD ruled against landlord, and she appealed. The court ruled against landlord. Because landlord didn't do the work by the end of October, HPD was required to do so.

In September 2002, HPD issued a violation notice to landlord, ordering her to correct a lead-based paint hazard by Oct. 31, 2002. HPD determined that landlord didn't make the repairs by the required date and hired a contractor who completed repairs by Dec. 31, 2002. Landlord filed a protest against HPD's contractor doing the work, claiming that she had already corrected the condition. HPD ruled against landlord, and she appealed. The court ruled against landlord. Because landlord didn't do the work by the end of October, HPD was required to do so. Landlord's contractor gained access and performed repairs in November 2002. But landlord's contractor didn't sufficiently correct the condition.

Fein v. HPD: NYLJ, 6/16/04, p. 19, col. 1 (Sup. Ct. NY; Schneier, J)

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