Landlord Didn't Inspect for Lead Paint

Facts: Landlord bought building in 1984. Tenant got a roommate in late 1987; the roommate moved in with her daughter. At the time roommate moved in, there were paint chips falling from the ceiling, and peeling from the windows, pipes, and radiators. Roommate often had to wipe paint dust from the child's hands, and found the child eating paint chips. Roommate complained only to tenant and not to landlord or landlord's managing agent. Within a year, the child was diagnosed with lead poisoning. The NYC Dept. of Health (DOH) issued an order to abate nuisance to landlord, citing seven lead poisoning violations in the apartment. Landlord never repainted; he claimed he didn't see any paint chips in the apartment. He also claimed he gave tenant a month rent-free so that tenant could use the money to paint. Emergency repairs were done later by the City to clear the violation but the problem wasn't eliminated. New landlord bought the building in January 1989; the conditions may have continued for some time after that. By 1993, the child still had lead poisoning. Tenant's roommate sued prior landlord, new landlord, and managing agent for negligence. Court: Tenant wins. New York City law states that lead paint, in apartments where children under seven live, is a hazardous violation that landlords must correct in 24 hours. The law imposes an ongoing duty on landlords to inspect for lead paint violations and make immediate repairs. The failure to do so is negligence. Landlord didn't do anything about the condition here, despite the visible signs of peeling and chipping paint in tenant's apartment and despite notice from DOH of its emergency repairs. The court ruled in tenant's favor against prior landlord without a trial. A trial was needed to determine whether new landlord and the managing agent were also liable.

Juarez v. Wavecrest Management Team: NYLJ, p. 25, col. 3 (6/2/95) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Kupferman, Asch, Mazzarelli, JJ)