Landlords' Challenge to Lead-Based Paint Law Dismissed

Several landlord organizations sued the city of New York to challenge the validity of Local Law 1 of 2004, the current lead-based paint law. Landlords claimed that the law was invalid because the city council didn't comply with state and city environmental quality review law procedures before passing the law. They also claimed that the law violated due process rights and that the city council acted beyond the scope of its power in passing the law. The city asked the court to dismiss the case. The court ruled for the city. None of the landlord groups that brought the case came within the zone of environmental harm that the environmental laws sought to avoid. So they didn't have standing to sue. The court also found no due process violations, and that the law was properly enacted.

Community Preservation Corp. v. Miller: NYLJ, 9/2/04, p. 19, col. 3 (Sup. Ct. NY; York, J)