Landlord Not Liable for Lead Poisoning

May 31, 2003

LVT Number: 16575

Tenant sued landlord, claiming that her child was injured by lead paint poisoning in her apartment. Landlord asked the court to dismiss the case, claiming that he wasn't responsible. The court ruled for landlord. Tenant appealed and lost. Tenant didn't show that landlord had a right to reenter the apartment or that landlord knew that the apartment was constructed in 1901, before interior lead-based paint was banned, or that landlord knew of the hazards of lead-based paint to children before receiving an order of abatement from the Board of Health.

Tenant sued landlord, claiming that her child was injured by lead paint poisoning in her apartment. Landlord asked the court to dismiss the case, claiming that he wasn't responsible. The court ruled for landlord. Tenant appealed and lost. Tenant didn't show that landlord had a right to reenter the apartment or that landlord knew that the apartment was constructed in 1901, before interior lead-based paint was banned, or that landlord knew of the hazards of lead-based paint to children before receiving an order of abatement from the Board of Health. In addition, lead paint rules that applied to multiple dwellings didn't apply to landlord's two-family house.

Netral v. Lippold: NYLJ, 5/1/03, p. 18, col. 6 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, Sullivan, Ellerin, Gonzalez, JJ)

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