Landlord Didn't Violate Federal Lead Paint Law

February 1, 2001

LVT Number: 14713

Tenant sued landlord, claiming that her child was injured by lead paint in the apartment. Tenant claimed also that landlord didn't warn her, in violation of the federal Residential Lead-Based Paint Hazard Reduction Act. Landlord asked the district court to dismiss the case. The court ruled against landlord. Landlord appealed and won. The regulations creating landlord's duty to warn tenant about lead paint hazards weren't in effect when the injury to tenant's child supposedly occurred. So tenant had no federal law claim against landlord, and the case must be dismissed.

Tenant sued landlord, claiming that her child was injured by lead paint in the apartment. Tenant claimed also that landlord didn't warn her, in violation of the federal Residential Lead-Based Paint Hazard Reduction Act. Landlord asked the district court to dismiss the case. The court ruled against landlord. Landlord appealed and won. The regulations creating landlord's duty to warn tenant about lead paint hazards weren't in effect when the injury to tenant's child supposedly occurred. So tenant had no federal law claim against landlord, and the case must be dismissed.

Sweet v. Sheahan: NYLJ, 1/4/01, p. 40, col. 6 (U.S. Ct. App. 2d Cir.; Cabranes, Pooler, Katzmann, C.JJ.)

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