Tenant Can't Sue NYC or Its Mayor for Lead Paint Exposure Claim

LVT Number: #30270

Tenant sued landlord NYCHA, as well as the City of New York and Mayor DeBlasio, for damages she claimed arose from her child's exposure to lead paint in her apartment. Tenant claimed a pattern and policy of malfeasance; nonfeasance; and negligent, willful, and fraudulent acts, including NYCHA's noncompliance with federal and state lead paint laws and concealment of lead paint violations. The court granted the request by the city and the mayor to dismiss the case against them.

Tenant sued landlord NYCHA, as well as the City of New York and Mayor DeBlasio, for damages she claimed arose from her child's exposure to lead paint in her apartment. Tenant claimed a pattern and policy of malfeasance; nonfeasance; and negligent, willful, and fraudulent acts, including NYCHA's noncompliance with federal and state lead paint laws and concealment of lead paint violations. The court granted the request by the city and the mayor to dismiss the case against them. The mayor was acting in his official capacity as an elected official of city government when he made appointments to NYCHA and decisions regarding allocation of funds, and clearly exercising discretion. Therefore, governmental immunity applied. Tenant's fraud claims against the city and the mayor also were dismissed since, even if the mayor made fraudulent statements, tenant didn't claim in court papers that the city or the mayor owed a duty to tenant or that tenant reasonably or justifiably relied on the mayor's statements. In addition, General Business Law Section 349 doesn't give tenant a private right of action against the city or the mayor for deceptive business practices. That law doesn't apply to a municipality or its agents performing governmental functions.

Downing v. NYCHA: 64 Misc.3d 1218(A), 2019 NY Slip Op 51196(U) (Sup. Ct. Kings; 7/25/19; Boddie, J)