Tenant Didn't Notify Landlord That Child Lived in Apartment

Tenant sued landlord, claiming that her child was injured by exposure to lead-based paint in her apartment. Landlord asked the court to dismiss the case without a trial. Landlord claimed that tenant never notified landlord that a child under the age of 7 lived in the apartment. The court ruled for landlord and dismissed the case. Tenant appealed and lost. Tenant had filled out income affidavits and responded to window guard surveys. Tenant never stated that her child lived in the apartment. In addition, tenant's applications for permanent residence during the period in question were denied. And even if landlord had received notice of the child's occupancy and the hazardous condition was identified by the Department of Health, landlord abated the lead paint condition within the required compliance period.

Vega v. NYCHA: NYLJ, 6/12/08, p. 38, col. 3 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Gonzalez, Sweeny, DeGrasse, JJ)