Landlord Not Responsible for Lead Paint Condition

May 18, 2016

LVT Number: #26956

Tenant’s daughter sued landlord, claiming that her infant child was injured by landlord’s failure to remove lead-based paint in tenant’s apartment. Tenant cared for the grandchild in her apartment about 50 hours per week. Landlord claimed that it wasn’t responsible. The court and appeals court ruled for landlord and dismissed the case, but gave tenant’s daughter permission to raise the question before New York’s highest court. The Court of Appeals again ruled against the daughter.

Tenant’s daughter sued landlord, claiming that her infant child was injured by landlord’s failure to remove lead-based paint in tenant’s apartment. Tenant cared for the grandchild in her apartment about 50 hours per week. Landlord claimed that it wasn’t responsible. The court and appeals court ruled for landlord and dismissed the case, but gave tenant’s daughter permission to raise the question before New York’s highest court. The Court of Appeals again ruled against the daughter. Since tenant’s grandchild didn’t “reside” at tenant’s apartment, landlord had no legal obligation to remove lead-based paint from tenant’s apartment. 

 

 

 

Yaniveth v. LTD Realty Co.: 2016 NY Slip Op 02550, 2016 WL 1311544 (Ct. App.; 4/5/16; Pigott, J, Fahey, J [dissenting])

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