Lead Paint Violation Upheld

March 1, 2000

LVT Number: 13894

DOH issued an Order to Abate Nuisance to landlord based on its finding that there were hazardous levels of lead-based paint in an apartment where a child lived. Landlord objected on time by submitting its own expert's report, which said that lead levels in the apartment weren't dangerous. DOH ruled against landlord, finding that landlord's proof wasn't sufficient to overcome DOH's findings. Landlord appealed and lost. The fact that landlord's expert's conclusion was different from that of the DOH didn't make the DOH findings arbitrary or unreasonable.

DOH issued an Order to Abate Nuisance to landlord based on its finding that there were hazardous levels of lead-based paint in an apartment where a child lived. Landlord objected on time by submitting its own expert's report, which said that lead levels in the apartment weren't dangerous. DOH ruled against landlord, finding that landlord's proof wasn't sufficient to overcome DOH's findings. Landlord appealed and lost. The fact that landlord's expert's conclusion was different from that of the DOH didn't make the DOH findings arbitrary or unreasonable. DOH's findings had a rational basis and were upheld.

601 Realty Corp. v. The City of New York Dept. of Health: NYLJ, 2/24/00, p. 26, col. 1 (App. Div.1 Dept.; Sullivan, PJ, Nardelli, Williams, Rubin, Andrias, JJ)

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