Tenant Gets Abatement for Lead Condition

May 31, 2002

LVT Number: 15905

Facts: Tenants rented a house from landlord for $450 per month. After they signed the lease, but before they moved in, tenants discovered lead paint under newer, peeling paint around windowsills. They also found some mold in the basement. Tenants had one child and another on the way. Landlord refused to remove lead paint. Tenants sued landlord for breach of the warranty of habitability. Court: Tenants win. Under New York law, a lead paint condition that can expose children to lead poisoning violates the warranty of habitability.

Facts: Tenants rented a house from landlord for $450 per month. After they signed the lease, but before they moved in, tenants discovered lead paint under newer, peeling paint around windowsills. They also found some mold in the basement. Tenants had one child and another on the way. Landlord refused to remove lead paint. Tenants sued landlord for breach of the warranty of habitability. Court: Tenants win. Under New York law, a lead paint condition that can expose children to lead poisoning violates the warranty of habitability. Tenants were given a $900 rent abatement and allowed to break their lease.

Chase v. Pistolese: NYLJ, 5/10/02, p. 23, col. 2 (Watertown City Ct.; Harberson, J)

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