Landlord Falsely Certified Correction of Lead Paint Violations

July 31, 2009

LVT Number: #22047

HPD sued landlord, seeking penalties for false certification of correction of lead-based paint violations. In April 2007, HPD inspected tenant’s apartment and found nine Class C lead paint violations. Landlord hired a lead abatement company and certified that all nine violations were fixed in May 2007. HPD claimed that in June 2007, HPD’s inspector found that three of the nine violations remained. The court ruled for HPD. Landlord’s employee testified that in May 2008 he was asked to abate the lead problem in tenant’s apartment.

HPD sued landlord, seeking penalties for false certification of correction of lead-based paint violations. In April 2007, HPD inspected tenant’s apartment and found nine Class C lead paint violations. Landlord hired a lead abatement company and certified that all nine violations were fixed in May 2007. HPD claimed that in June 2007, HPD’s inspector found that three of the nine violations remained. The court ruled for HPD. Landlord’s employee testified that in May 2008 he was asked to abate the lead problem in tenant’s apartment. Together with other evidence, HPD proved that landlord falsely certified correction of the three violations. Landlord was fined the maximum penalty of $3,000 per violation for each of the three violations.

HPD v. 157 Bdwy. Assoc.: NYLJ, 7/1/09, p. 26, col. 1 (Civ. Ct. NY; Cohen, J)

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