Trial Required on Tenant's Lead Poisoning Claim

February 1, 2003

LVT Number: 16381

Tenant sued landlord, claiming that her child was injured by eating lead paint chips in the apartment. The building was built in 1973. The apartment was repainted and replastered in 1992 before tenant moved in. Landlord asked the court to dismiss the case. The court ruled against landlord. There was no proof that landlord knew that the apartment was built before the banning of lead-based interior paint. But there was a question as to whether the painters hired by landlord in 1992 used proper paint or whether other tenants had painted the apartment with hazardous paint.

Tenant sued landlord, claiming that her child was injured by eating lead paint chips in the apartment. The building was built in 1973. The apartment was repainted and replastered in 1992 before tenant moved in. Landlord asked the court to dismiss the case. The court ruled against landlord. There was no proof that landlord knew that the apartment was built before the banning of lead-based interior paint. But there was a question as to whether the painters hired by landlord in 1992 used proper paint or whether other tenants had painted the apartment with hazardous paint. So a trial was required.

O'Neal v. NYCHA: NYLJ, 1/29/03, p. 21, col. 2 (Sup. Ct. Queens; Hart, J)

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