Landlord's Lead Paint Responsibility Depends on Whether Building Is Multiple Dwelling

Tenants sued landlord, claiming that their child was injured by a lead paint condition in the apartment. Under Local Law 1, landlords are responsible for lead paint conditions if the building was built before 1960, they knew or should have known of the condition, and they had a reasonable chance to fix it. Tenants had a child under the age of 6 and under Local Law 1, that meant that landlord should have known there was a lead paint condition. Landlord argued that Local Law 1 didn't apply because the building was a single-family dwelling. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Tenant claimed that there was more than one dwelling unit in the building. So there was a question about whether the building was a multiple dwelling. A trial was needed to determine whether Local Law 1 applied.

Breeden v. Valentino: NYLJ, 9/27/07, p. 27, col. 1 (Sup. Ct. Richmond; McMahon, J)