Landlord Not in Contempt for Disobeying Order for Lead Paint Removal

Facts: Tenant complained that landlord hadn't removed lead paint from the apartment walls. The court ordered the premises inspected, and the inspector found 13 class ''C'' violations---hazardous conditions requiring emergency lead paint abatement. The court ordered landlord to correct the violations immediately. The next day, tenant asked the court to impose civil and criminal contempt charges because landlord hadn't complied with new Department of Health regulations on lead paint removal. Landlord's employees had begun the work, but weren't trained in lead abatement procedures---in violation of the regulations. Also, landlord's workers didn't comply with the methodology, safeguards, or cleanup procedures required by the regs. Tenants' request for a contempt order was denied. Court: Landlord's disobeying of the court orders was excusable under the circumstances. Here, landlord had made good-faith efforts to promptly correct any problems with the abatement work, and the work was eventually completed. Also, the regs governing lead paint abatement procedures had been enacted just three weeks before trial, so landlord's lack of knowledge of those procedures was understandable.

Laura Goldberg Mgmt. v. Rivera: NYLJ, p. 23, col. 1 (7/28/94) (Civ. Ct. NY; Madden, J)