Landlord Liable for Lead Poisoning

May 31, 1996

LVT Number: 10617

Tenant sued landlord for damages from lead paint poisoning in his apartment. Landlord claimed no knowledge of any excess levels of lead paint and asked the court to dismiss the case. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. The building was erected in 1936. By law there is a presumption that peeling paint in a building of that age contains excessive, unlawful amounts of lead. Landlord had a legal, continuous duty to inspect the apartment to ensure no hazard was being caused by a lead paint condition.

Tenant sued landlord for damages from lead paint poisoning in his apartment. Landlord claimed no knowledge of any excess levels of lead paint and asked the court to dismiss the case. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. The building was erected in 1936. By law there is a presumption that peeling paint in a building of that age contains excessive, unlawful amounts of lead. Landlord had a legal, continuous duty to inspect the apartment to ensure no hazard was being caused by a lead paint condition. Landlord also had a responsibility to cure any lead paint condition. Landlord failed to do so. A hearing would be held to determine the amount of damages due to tenant.

Lane v. Ruiz: NYLJ, p. 29, col. 3 (5/29/96) (Civ. Ct. Queens; Lonschein, J)

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