Is Landlord Responsible for Child's Exposure to Lead Paint?

May 23, 2023

LVT Number: #32591

Tenant sued landlord on behalf of her infant child, claiming exposure to lead paint in their apartment. Landlord asked the court to dismiss the case without trial. The court ruled against landlord, who appealed and lost. Landlord failed to demonstrate as a matter of law that there was no lead-based paint in tenant's apartment at the time in question, or that it acted reasonably to remedy any condition. Although landlord showed that tenant wasn't entitled to rely on the presumption of Admin.

Tenant sued landlord on behalf of her infant child, claiming exposure to lead paint in their apartment. Landlord asked the court to dismiss the case without trial. The court ruled against landlord, who appealed and lost. Landlord failed to demonstrate as a matter of law that there was no lead-based paint in tenant's apartment at the time in question, or that it acted reasonably to remedy any condition. Although landlord showed that tenant wasn't entitled to rely on the presumption of Admin. Code Section 27-2056.5(a), landlord could still be found liable based on common-law negligence. There was sufficient circumstantial evidence presented by landlord's own documentation to raise an issue of fact. The child's blood lead level was elevated, and it appeared there was no source more likely than the apartment. When tenant had returned to the apartment three months after renovation of its floor, her belongings and the unit were covered with dust. The building also had a history of positive tests for lead.

I.Z. v. West End Residences HDFC: Index No. 153196/17, App. No. 60; Case No. 2022-00295; 2023 NY Slip Op 01957 (App. Div. 1 Dept.; 4/18/23; Kapnick, JP, Moulton, Kennedy, Mendez, Pitt-Burke, JJ)

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