Landlord Liable for Lead Paint Poisoning

March 1, 1997

LVT Number: 11291

Tenant sued landlord, claiming landlord was responsible for his child's lead paint poisoning. The court ruled for tenant without a trial, and landlord appealed and lost. Tenant proved that landlord had notice that a child six years old or younger lived in the apartment. Tenant indicated on window guard forms that a child was present and informed landlord he had a young child when he moved in. Landlord's employees also saw the child in the apartment on several occasions when painting. Tenant also complained about peeling paint and showed that child had lead paint poisoning.

Tenant sued landlord, claiming landlord was responsible for his child's lead paint poisoning. The court ruled for tenant without a trial, and landlord appealed and lost. Tenant proved that landlord had notice that a child six years old or younger lived in the apartment. Tenant indicated on window guard forms that a child was present and informed landlord he had a young child when he moved in. Landlord's employees also saw the child in the apartment on several occasions when painting. Tenant also complained about peeling paint and showed that child had lead paint poisoning. The court did send the case back, however, for further review of whether managing agent or owner was responsible.

Nwaru v. Leeds Mgmt. Co.: NYLJ, p. 29, col. 2 (2/14/97) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Ellerin, Williams, JJ)

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