NYCHA Not Liable for Lead Poisoning

LVT Number: 13548

Tenant sued landlord and NYCHA after discovering that her children suffered from lead poisoning, presumably from swallowing lead paint chips in tenant's apartment. Although landlord owned the building, NYCHA sponsored the Section 8 rent subsidy program in landlord's building. Tenant claimed that NYCHA was negligent because it didn't enforce state and local lead paint laws against landlord. NYCHA asked the court to dismiss the case against it without trial. The court ruled for NYCHA.

Tenant sued landlord and NYCHA after discovering that her children suffered from lead poisoning, presumably from swallowing lead paint chips in tenant's apartment. Although landlord owned the building, NYCHA sponsored the Section 8 rent subsidy program in landlord's building. Tenant claimed that NYCHA was negligent because it didn't enforce state and local lead paint laws against landlord. NYCHA asked the court to dismiss the case against it without trial. The court ruled for NYCHA. In a prior case, a federal court had already ruled that tenants had no claim against NYCHA for lead poisoning under the Section 8 law.

Missouri v. Boyce: NYLJ, p. 33, col. 3 (9/27/99) (Sup. Ct. Kings; Shaw, J)