Landlord Not Notified of Lead Paint Condition

Tenant's son sued landlord of a building outside New York City, claiming that he was injured by exposure to lead paint when he lived there with tenant. The court dismissed the case without a trial. The son appealed and lost. Landlord showed that it didn't have actual or constructive notice of any lead paint condition in the apartment even if landlord knew there was chipping or peeling paint. And landlord didn't have a right to enter the apartment without tenant's permission. Landlord also had no lease with tenant, but only a landlord-tenant agreement with the Department of Social Services. Landlord's general common law duty to inspect the apartment and to keep it in a reasonably safe condition also didn't require inspection for lead paint. And even if there was a breach of the warranty of habitability due to apartment conditions, this didn't permit tenant to recover damages for personal injuries.

Sanders v. Patrick: 94 A.D.3d 1514, 2012 N.Y. Slip Op 03307 (App. Div. 4 Dept.; 4/27/12; Scudder, PJ, Smith, Centra, Fahey, Peradotto, JJ)