Landlords Not Responsible for Child's Lead Paint Poisoning

September 30, 2011

LVT Number: #23643

Tenant sued her landlord and landlord of her child's grandmother, claiming that her child was exposed to hazardous lead-based paint in both apartments. Both landlords asked the court to dismiss the case. The court ruled against tenant's landlord, but dismissed the case against grandmother's landlord. Both landlord and tenant appealed. The appeals court dismissed both claims. DOHMH had tested tenant's apartment and found no lead paint. So that claim should have been dismissed. The lower court properly dismissed the claims against grandmother's landlord.

Tenant sued her landlord and landlord of her child's grandmother, claiming that her child was exposed to hazardous lead-based paint in both apartments. Both landlords asked the court to dismiss the case. The court ruled against tenant's landlord, but dismissed the case against grandmother's landlord. Both landlord and tenant appealed. The appeals court dismissed both claims. DOHMH had tested tenant's apartment and found no lead paint. So that claim should have been dismissed. The lower court properly dismissed the claims against grandmother's landlord. That landlord had no duty of care to the child because she didn't live in the grandmother's apartment. And tenant had no standing to sue grandmother's landlord under the Residential Lead-Based Paint Hazard Reduction Act of 1992.

Michaud v. Lefferts 750 LLC and 91 East 21st Street LLC: 2011 NY Slip Op 06479, 2011 WL 4090200 (App. Div. 2 Dept.; 9/13/11; Rivera, JP, Skelos, Hall, Austin, JJ)

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