Tenant's Daughter Can't Sue for Lead Paint Exposure

August 31, 2011

LVT Number: #23583

Tenant's adult daughter and infant grandchild sued landlord for lead paint injuries to the granddaughter. Among other things, the daughter claimed that landlord had violated the federal Residential Lead-Based Paint Hazard Reduction Act for failing to disclose the presence of known lead-based paint hazards. She also claimed that landlord should pay punitive damages. Landlord asked the court to dismiss these claims in the case without a trial. The court ruled against landlord, who appealed and won. The law specifically stated that only a purchaser or tenant had standing to sue under the law.

Tenant's adult daughter and infant grandchild sued landlord for lead paint injuries to the granddaughter. Among other things, the daughter claimed that landlord had violated the federal Residential Lead-Based Paint Hazard Reduction Act for failing to disclose the presence of known lead-based paint hazards. She also claimed that landlord should pay punitive damages. Landlord asked the court to dismiss these claims in the case without a trial. The court ruled against landlord, who appealed and won. The law specifically stated that only a purchaser or tenant had standing to sue under the law. So tenant's daughter couldn't sue landlord. Landlord also wasn't liable for punitive damages since it commenced abatement procedures within a reasonable time after receiving notice to abate from the Department of Health. Landlord cured the lead paint condition within six weeks.

Brown v. Maple 3, LLC: NY Slip Op 06334, 2011 WL 3715534 (App. Div. 2 Dept.; 8/23/11; Dillon, JP, Dickerson, Hall, Roman, JJ)

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