Trial Required on Landlord's Compliance with Lead Paint Law

January 1, 2001

LVT Number: 14641

Tenant sued landlord, claiming that landlord didn't comply with the city's lead paint abatement law. Under the law in question, former Local Law 1, landlord is responsible for removing or properly covering paint containing more than a certain amount of lead in apartments where a child under age 7 lived. Landlord asked the court to dismiss the case. Landlord claimed that tenant presented no proof that there was lead paint in his apartment. The court ruled against landlord.

Tenant sued landlord, claiming that landlord didn't comply with the city's lead paint abatement law. Under the law in question, former Local Law 1, landlord is responsible for removing or properly covering paint containing more than a certain amount of lead in apartments where a child under age 7 lived. Landlord asked the court to dismiss the case. Landlord claimed that tenant presented no proof that there was lead paint in his apartment. The court ruled against landlord. A trial was required because there were questions of fact as to whether there was a dangerous lead paint condition in the apartment and whether landlord knew about it.

Sanchez v. Arzate: NYLJ, 12/13/00, p. 28, col. 5 (Sup. Ct. Kings; Belen, J)

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