Landlord Liable for Lead Poisoning

LVT Number: 13703

Tenant sued landlord, claiming landlord was responsible for injuries to her child based on a lead-based paint condition in her apartment. The court ruled for tenant without a trial. Landlord appealed and lost. Landlord had notice that there was a child under the age of seven living in the apartment. So landlord was responsible for any hazardous condition in the apartment.

Tenant sued landlord, claiming landlord was responsible for injuries to her child based on a lead-based paint condition in her apartment. The court ruled for tenant without a trial. Landlord appealed and lost. Landlord had notice that there was a child under the age of seven living in the apartment. So landlord was responsible for any hazardous condition in the apartment.

Miller v. 135 Realty Assocs.: NYLJ, p. 27, col. 1 (11/26/99) (App. Div.1 Dept.; Ellerin, PJ, Rosenberger, Tom, Andrias, Buckley, JJ)