Landlord Had No Notice of Lead Paint Condition

June 24, 2015

LVT Number: #26245

Tenant sued landlord, claiming that her child was injured by exposure to lead-based paint in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord in part, finding that landlord had no notice of the lead paint conditions between the date tenant moved in until the county Department of Health performed an inspection. Tenant appealed and lost.

Tenant sued landlord, claiming that her child was injured by exposure to lead-based paint in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord in part, finding that landlord had no notice of the lead paint conditions between the date tenant moved in until the county Department of Health performed an inspection. Tenant appealed and lost. Landlord didn’t have actual or constructive notice of the hazardous condition or a reasonable opportunity to remedy it. Tenant never complained about peeling or chipping paint before the Health Department inspection.

 

 
Johnson v. Giles: 7 N.Y.S.3d 758, 2015 NY Slip Op 03634 (App. Div. 4 Dept.; 5/1/15; Centra, JP, Peradotto, Carni, Sconiers, DeJoseph, JJ)

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