No Child Under Six Years of Age Lived in Apartment

May 31, 1999

LVT Number: 13263

Tenant sued landlord for negligence, claiming that peeling paint in a pre-1960 building created a hazardous lead condition. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. There is a rebuttable presumption that peeling paint creates a hazardous condition in pre-1960 apartments only if a child who is six years old or younger lives in the apartment. In this case, there was no child of that age living in the apartment. The case was properly dismissed.

Tenant sued landlord for negligence, claiming that peeling paint in a pre-1960 building created a hazardous lead condition. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. There is a rebuttable presumption that peeling paint creates a hazardous condition in pre-1960 apartments only if a child who is six years old or younger lives in the apartment. In this case, there was no child of that age living in the apartment. The case was properly dismissed.

Randolph v. St. Hill: 685 NYS2d 802 (2/22/99) (App. Div. 2 Dept.; O'Brien, JP, Ritter, Thompson, Goldstein, JJ)

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