Landlord Liable for Lead Poisoning

Tenant sued landlord for negligence, claiming her child suffered lead poisoning from paint in tenant's apartment. Tenant asked the court to rule in her favor without holding a trial, claiming there was no question that landlord violated city law requiring abatement of lead paint hazards. Under the law, if a child under age 7 lives in an apartment with peeling paint in a building built before 1960, there's presumed to be a lead paint hazard and landlord must abate the hazard. The court ruled for tenant. Landlord knew that tenant's child was 4 years old when tenant moved in. Landlord was also notified by HPD at least six months before tenant moved in that there was peeling paint in the apartment. Landlord also received a later notice of the lead paint hazard from the Department of Health. Landlord claimed that he made repairs immediately, but this wasn't until after receiving the notice from the Health Department. Meanwhile, tenant's child was exposed to lead paint hazards in the apartment and contracted lead poisoning.

Jones v. Edun: NYLJ, p. 29, col. 3 (2/3/98) (Sup. Ct. Kings; Rappaport, J)