Lead Paint Law Doesn't Apply to Two-Family House

November 1, 2000

LVT Number: 14496

Facts: Tenant lived in a basement apartment in landlord's house. Landlord lived on the upper two floors. Tenant sued landlord, claiming that her child got lead poisoning from lead paint in the apartment. Tenant claimed that landlord violated the city's lead paint law. Landlord claimed that he wasn't subject to Local Law 1 of 1982 because the building wasn't a multiple dwelling. Court: Tenant loses. The two-family house wasn't a multiple dwelling, and Local Law 1 didn't apply. Tenant wasn't entitled to a presumption that any peeling paint contained more than acceptable levels of lead.

Facts: Tenant lived in a basement apartment in landlord's house. Landlord lived on the upper two floors. Tenant sued landlord, claiming that her child got lead poisoning from lead paint in the apartment. Tenant claimed that landlord violated the city's lead paint law. Landlord claimed that he wasn't subject to Local Law 1 of 1982 because the building wasn't a multiple dwelling. Court: Tenant loses. The two-family house wasn't a multiple dwelling, and Local Law 1 didn't apply. Tenant wasn't entitled to a presumption that any peeling paint contained more than acceptable levels of lead. Since landlord didn't have notice of the peeling paint hazard before the child was diagnosed with lead poisoning, and since he acted reasonably to correct the condition once notified, the case was dismissed.

Edwards v. Morris: NYLJ, 10/25/00, p. 31, col. 1 (Sup. Ct. Kings; Rappaport, J)

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