Landlord Must Correct Lead Paint Condition

December 1, 1997

LVT Number: 11931

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that a lead paint hazard in the apartment had injured her child. A hearing was held to determine if the lead paint levels were dangerous. Tenant's witness presented proof, using ``area'' measure rather than ``weight'' measure, that the lead paint levels were hazardous. Landlord appealed, claiming that tenant's expert's test was inaccurate. Landlord's expert had used weight measure and found that the lead levels weren't hazardous. The appeals court ruled against landlord. Tenant's expert was highly qualified.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that a lead paint hazard in the apartment had injured her child. A hearing was held to determine if the lead paint levels were dangerous. Tenant's witness presented proof, using ``area'' measure rather than ``weight'' measure, that the lead paint levels were hazardous. Landlord appealed, claiming that tenant's expert's test was inaccurate. Landlord's expert had used weight measure and found that the lead levels weren't hazardous. The appeals court ruled against landlord. Tenant's expert was highly qualified. And an EPA report on lead paint testing stated that the area measure test was one of several proper testing methods, especially when properly administered. The trial court had good reason to accept tenant's proof.

H&H Equities v. Baez: NYLJ, p. 25, col. 5 (11/7/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, McCooe, JJ)

Topics

More like this