Tenant Can Present Evidence of Lead Paint Violations in Other Apartments

June 30, 1997

LVT Number: 11574

Facts: Tenant sued landlord after her child was found to have lead in her bloodstream, and a Department of Health inspection confirmed that there were unsatisfactory levels of lead paint in tenant's apartment. Tenant asked the court to consider proof of eight other recent prior lead-based paint violations in the building. Landlord claimed this didn't show it knew of a dangerous condition in tenant's apartment. Court: Landlord loses. Proof of other lead paint violations was admissible in court for the purpose of proving that landlord had notice of potentially dangerous conditions.

Facts: Tenant sued landlord after her child was found to have lead in her bloodstream, and a Department of Health inspection confirmed that there were unsatisfactory levels of lead paint in tenant's apartment. Tenant asked the court to consider proof of eight other recent prior lead-based paint violations in the building. Landlord claimed this didn't show it knew of a dangerous condition in tenant's apartment. Court: Landlord loses. Proof of other lead paint violations was admissible in court for the purpose of proving that landlord had notice of potentially dangerous conditions. Lead-based paint, applied throughout the building before 1960, was the cause of similar hazards in other apartments, despite subsequent repainting. Landlord should've realized this fact after receiving the prior violations.

Smith v. Fields: NYLJ, p. 28, col. 6 (6/12/97) (Sup. Ct. NY; Schlesinger, J)

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