Landlord Liable for Lead Paint Poisoning

April 30, 1996

LVT Number: 10547

Tenant sued landlord for lead paint con-tamination in her apartment. Tenant claimed that her child had been injured permanently. Landlord claimed it wasn't responsible for inspecting tenant's apartment for lead paint contamination. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. NYC law presumes that where children age 6 and under live in older buildings, peeling paint contains a prohibited level of lead. Landlord is expected to inspect for contamination; no additional notice is required.

Tenant sued landlord for lead paint con-tamination in her apartment. Tenant claimed that her child had been injured permanently. Landlord claimed it wasn't responsible for inspecting tenant's apartment for lead paint contamination. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. NYC law presumes that where children age 6 and under live in older buildings, peeling paint contains a prohibited level of lead. Landlord is expected to inspect for contamination; no additional notice is required.

Valdez v. Sherman Estates, Inc.: 638 NYS2d 10 (1996) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Ross, Williams, JJ)

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