Landlord Had No Knowledge of Hazardous Lead Condition

March 1, 1999

LVT Number: 13089

Tenants sued landlord, claiming that their child contracted lead poisoning from exposure to lead paint in their apartment. Landlord asked the court to dismiss the case without a trial. An appeals court ruled for landlord and dismissed the case. There was no proof that landlord had any actual notice of the hazardous lead condition, or that the condition existed for a sufficient period of time that it should have been removed.

Tenants sued landlord, claiming that their child contracted lead poisoning from exposure to lead paint in their apartment. Landlord asked the court to dismiss the case without a trial. An appeals court ruled for landlord and dismissed the case. There was no proof that landlord had any actual notice of the hazardous lead condition, or that the condition existed for a sufficient period of time that it should have been removed. Tenants couldn't claim that landlord should have known of the condition simply because there were widespread media reports concerning the prevalence of lead paint hazards in older buildings.

Hines v. Rap Realty Corp.: NYLJ, p. 28, col. 6 (2/5/99) (App. Div. 2 Dept.; O'Brien, JP, Santucci, Joy, Goldstein, JJ)

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