NYCHA Not Responsible for Lead Paint Poisoning While Tenant Lived in Other Building
LVT Number: 13835
Facts: Tenant lived in a private apartment and claimed that his child was injured by lead paint poisoning there. Tenant applied for NYCHA housing. Later he claimed that NYCHA's delay in processing his application increased his child's injuries. NYCHA asked the court to dismiss the case for not stating any claim. The court ruled against NYCHA, and it appealed. The appeals court ruled for NYCHA. Tenant's application was assigned ''priority two.'' Tenant claimed he should have received ''priority one'' under NYCHA procedures because he was living in a condition that threatened his child's life. But NYCHA procedures allow for a meeting to review an applicant's priority level. Tenant was advised of this but didn't ask for a review of the classification. Also, tenant wasn't available for three scheduled home visits and didn't complete income and family information records.
Burke v. Albert Johnson, Inc.: NYLJ 1/24/00, p. 26, col. 1 (App. Div.1 Dept.; Williams, JP, Mazzarelli, Rubin, Saxe, Buckley, JJ)