No Notice to Landlord of Lead Paint Condition

March 1, 2004

LVT Number: 17154

Tenant sued landlord, claiming that her children were injured by exposure to lead paint. Tenant lived in a residential unit in a building zoned as a day care center. Landlord asked the court to dismiss the case without a trial. Landlord claimed that tenant gave no actual notice of the lead paint condition and that he had no constructive notice. The court ruled for landlord. Notice of peeling paint or that an apartment needed painting wasn't notice of a hazardous lead paint condition.

Tenant sued landlord, claiming that her children were injured by exposure to lead paint. Tenant lived in a residential unit in a building zoned as a day care center. Landlord asked the court to dismiss the case without a trial. Landlord claimed that tenant gave no actual notice of the lead paint condition and that he had no constructive notice. The court ruled for landlord. Notice of peeling paint or that an apartment needed painting wasn't notice of a hazardous lead paint condition. And because the building wasn't a multiple dwelling, landlord couldn't be charged with constructive notice.

Shafqat v. Blackman: NYLJ, 2/11/04, p. 20, col. 1 (Sup. Ct. Kings; Jackson, J)

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