Did Tenant Cause Lead Paint Violation?

January 1, 2009

LVT Number: #20937

Landlord sued to evict tenant for substantially violating his lease. Landlord claimed that tenant installed in the loft unit a bathroom door that contained lead-based paint. HPD placed a violation against the building as a result of the lead paint. Landlord also claimed that tenant refused landlord access to correct the condition. Tenant denied landlord's claims and asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and lost. The appeals court sent the case back.

Landlord sued to evict tenant for substantially violating his lease. Landlord claimed that tenant installed in the loft unit a bathroom door that contained lead-based paint. HPD placed a violation against the building as a result of the lead paint. Landlord also claimed that tenant refused landlord access to correct the condition. Tenant denied landlord's claims and asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and lost. The appeals court sent the case back. A trial was needed to determine questions of credibility concerning both sides.

191 Chrystie, LLC v. Sonnier: NYLJ, 12/22/08, p. 27, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, J)

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