Tenant Never Gave Landlord Notice of Lead-Paint Condition Claim

April 21, 2020

LVT Number: #30718

Tenant sued landlord, claiming that landlord was responsible for tenant's exposure to lead-based paint between 1992 and 1994. Landlord had co-owned the building with his father when tenant lived there. The court denied landlord's request to dismiss the case without trial. Landlord appealed and won. To prove that a landlord was responsible for a lead-paint condition, a plaintiff must demonstrate that the landlord had actual or constructive notice of, and a reasonable opportunity to remedy, the hazardous condition in question and failed to do so.

Tenant sued landlord, claiming that landlord was responsible for tenant's exposure to lead-based paint between 1992 and 1994. Landlord had co-owned the building with his father when tenant lived there. The court denied landlord's request to dismiss the case without trial. Landlord appealed and won. To prove that a landlord was responsible for a lead-paint condition, a plaintiff must demonstrate that the landlord had actual or constructive notice of, and a reasonable opportunity to remedy, the hazardous condition in question and failed to do so. In this case, tenant didn't show that notice was ever given to landlord concerning any lead paint condition. So landlord never had constructive or actual notice, and the complaint must be dismissed.

McDowell v. Maldovan: Index No. 136 CA 19-00399, 2020 NY Slip Op 01837 (App. Div. 4 Dept.; 3/13/20; Centra, JP, Carni, Lindley, Nemoyer, Bannister, JJ)

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