Landlord Knew of Lead Paint Problem Before Violation Issued

Tenant sued landlord for negligence after her 11/2-year-old child was found to have dangerously high lead levels in her blood. Tenant claimed that landlord didn't correct an exposed lead-based paint condition in her apartment. Tenant asked the court to rule in her favor without a trial. Landlord argued that a trial was needed to determine if landlord had acted reasonably to correct the hazardous lead paint condition once landlord was notified about it. The court ruled for tenant. Landlord didn't act to correct the condition until after receiving an Order to Abate Nuisance from the DOH in December 1993. Tenant had moved into the apartment in October 1992. Landlord knew tenant had a child under the age of 7, knew that the building was old enough to have lead paint, and should've known the requirements of Local Law 1 concerning lead paint abatement. So landlord should've taken steps to correct the lead paint condition before getting the DOH violation.

Allison v. Bay Realty Corp.: NYLJ, p. 33, col. 5 (6/9/97) (Sup. Ct. Queens; Price, J)