Landlord Must Abate Lead Paint Condition

Landlord sued to evict tenant for nonpayment of rent. Tenant had an 18-month-old baby and claimed there was lead paint in the apartment. Landlord and tenant both presented experts at trial. Tenant's expert testified that based on his ''XRF'' test, the lead levels in parts of tenant's apartment were dangerous to children. Landlord's expert used a different ''AA'' test and found the lead levels weren't dangerous. The court ruled against landlord and ordered it to abate the lead paint condition. The Housing Maintenance Code requires removal of paint having a reading of 0.7 milligrams of lead per square centimeter or greater in any apartment where children six years old or younger live. The court found landlord's expert to be credible but found the tests done by tenant's expert to be more accurate. The lead levels exceeded the 0.7 milligram threshold.

H & H Equities, Inc. v. Baez: NYLJ, p. 29, col. 3 (10/11/95) (Civ. Ct. Bronx; Turner, J)