Tenant's Notice of Claim Against Landlord Deemed Timely

September 22, 2019

LVT Number: #30336

Tenant asked the court for permission to file a late notice of claim against landlord NYCHA for claimed negligence related to testing, repair, and abatement of lead paint in tenant's apartment. Landlord asked the court to dismiss tenant's request. The court ruled against landlord. Landlord was notified by DOH in October 2017 that tenant's child had elevated blood toxin levels due to lead paint in the apartment, and was ordered to abate the condition. So NYCHA had actual knowledge of tenant's claim and essential facts related to the claim within the required 90-day period.

Tenant asked the court for permission to file a late notice of claim against landlord NYCHA for claimed negligence related to testing, repair, and abatement of lead paint in tenant's apartment. Landlord asked the court to dismiss tenant's request. The court ruled against landlord. Landlord was notified by DOH in October 2017 that tenant's child had elevated blood toxin levels due to lead paint in the apartment, and was ordered to abate the condition. So NYCHA had actual knowledge of tenant's claim and essential facts related to the claim within the required 90-day period. Tenant had a reasonable excuse for failing to file a timely claim, and NYCHA conducted its own investigation when it learned about the child's condition. So NYCHA couldn't claim prejudice by the late notice.

Downing v. NYCHA: 2019 NY Slip Op 51197(U), NYLJ No. 1564640712 (Sup. Ct. Kings; 7/25/19; Boddie, J)

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