Trial Needed to Determine if Two-Family House Used as Multiple Dwelling

Tenant sued landlord, claiming her children suffered lead paint poisoning from paint chips while living in her apartment. Landlord claimed he couldn't be charged with notice of lead paint violations because the building was a two-family house, not a multiple dwelling. Landlord asked the court to dismiss the case. The court ruled for landlord. Tenant appealed, claiming that the house was divided into four apartments, which would make it a multiple dwelling. The appeals court ruled for tenant and sent the case back for a trial. A multiple dwelling is a building used by three or more families. If the two-family house was in fact rented to three or more families, it would be a multiple dwelling and landlord would be responsible for compliance with lead paint law notice provisions.

Galicia v. Ramos: NYLJ, 3/31/03, p. 28, col. 2 (App. Div. 2 Dept; Prudenti, PJ, Krausman, Goldstein, Schmidt, JJ)