Landlord Responsible for Lead Paint in Apartment

October 31, 2011

LVT Number: #23707

Tenant sued landlord for damages, claiming that her child was injured by lead-based paint in tenant's apartment. Tenant claimed that there was no question that landlord was responsible for removing lead paint from the apartment because the building was a multiple dwelling and landlord knew tenant had a child under the age of 6. The court ruled for tenant. Landlord appealed and lost. Landlord claimed that tenant didn't prove the building was a multiple dwelling.

Tenant sued landlord for damages, claiming that her child was injured by lead-based paint in tenant's apartment. Tenant claimed that there was no question that landlord was responsible for removing lead paint from the apartment because the building was a multiple dwelling and landlord knew tenant had a child under the age of 6. The court ruled for tenant. Landlord appealed and lost. Landlord claimed that tenant didn't prove the building was a multiple dwelling. But the lower court properly considered the building's Certificate of Occupancy as well as HPD Web site printouts showing that the building was classified as a multiple dwelling.

Mendoza v. Mortlen Realty Corp.: 931 N.Y.S.2d 62, 2011 NY Slip Op 07520 (App. Div. 1 Dept.; 10/25/11; Mazzarelli, JP, Friedman,Catterson, Renwick, Richter, JJ)

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