Landlord Had Notice of Lead Paint Hazard

Tenant sued landlord after tenant's young child was diagnosed with lead paint poisoning. Tenant claimed she put landlord on notice of a lead paint hazard for children under the age of seven in the apartment. Tenant had filed window-guard forms with landlord which indicated that children under the age of seven lived in tenant's apartment, and tenant had complained of peeling paint. Landlord claimed it wasn't on notice because those window-guard forms related to other children who had since reached the age of seven. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. The window-guard forms gave landlord notice that children under age seven lived in the apartment. Tenant's complaint of peeling paint gave landlord constructive notice of a lead paint hazard. This hazard remained unabated and later became the subject of a DOH order. The notice continues until the hazard is abated and applies to any affected child. So landlord had constructive notice of the lead paint hazard to tenant's youngest child even if landlord didn't know about that particular child.

Baptiste v. NYCHA: NYLJ, p. 36, col. 1 (6/5/98) (Sup. Ct. Kings; Kramer, J)