Landlord Knew of Lead Paint Danger

Tenant sued landlord, claiming that her two children had lead poisoning from peeling paint in her apartment. Tenant asked the court to rule in her favor without a trial. Landlord claimed it didn't know that tenant had young children or that there was any lead paint hazard in the apartment. The court ruled for tenant. Landlord's building super and managing agent had visited the apartment and seen that tenant had children under the age of seven. Landlord also had access to Section 8 program records that confirmed the ages of tenant's children. In addition, lead paint violations had been issued by the HPD for other apartments in the building a year before tenant's children were diagnosed with lead paint poisoning. So landlord was put on notice of dangerous conditions in that portion of the building. It had an obligation to inspect the apartment for peeling lead paint and to correct the condition, which it didn't do.

Nieves v. 1097 Walton Ave. Co.: NYLJ, p. 27, col. 1 (5/21/99) (Sup. Ct. Bronx; Silver, J)