Are Building Owners Required to Remove Lead Paint in New York City Homes?

lead paint attorneyIn New York City, the issue of lead paint in residential properties is governed by various laws and regulations to ensure the safety and well-being of tenants, especially children, who are particularly vulnerable to the harmful effects of lead exposure. Building owners in New York City are required to comply with specific rules and regulations concerning lead-based paint to protect their tenants from potential health risks including lead poisoning.

New York City’s Lead Paint Laws

The New York City Department of Health and Mental Hygiene (DOHMH) and the New York City Housing Preservation and Development (HPD) enforce the regulations related to lead-based paint in residential properties. The primary regulations include:

  • Local Law 1 of 2004: This law mandates that building owners must identify and safely remove lead-based paint hazards in residential properties where a child under 6 years of age resides. Building owners are required to inspect their properties for lead-based paint hazards and to remediate any hazards that are identified.
  • Lead Paint Disclosure Law: Under this law, building owners are required to provide tenants with a Lead Paint Disclosure form and a copy of the “Protect Your Family from Lead in Your Home” pamphlet developed by the DOHMH. The disclosure form must be signed by both the building owner and the tenant, acknowledging the presence of lead-based paint in the property.

What Are Building Owners’ Responsibilities?

Building owners in New York City have several responsibilities when it comes to lead-based paint:

  • Lead paint inspection: Building owners are required to conduct an annual visual inspection of their properties to identify any deteriorated paint or other potential lead hazards. If lead-based paint is identified, the building owner must take immediate action to remediate the hazard.
  • Lead paint risk assessment: If a child under six years of age resides in the property, the building owner is required to conduct a lead paint risk assessment to identify and assess the presence of lead-based paint hazards. The risk assessment must be conducted by a certified lead-based paint inspector.
  • Lead paint remediation: If lead-based paint hazards are identified, the building owner is responsible for safely removing or encapsulating the lead-based paint to eliminate the hazard. The remediation must be conducted by a certified lead abatement contractor.
  • Notification and documentation: Building owners/managers are required to notify tenants in writing about the presence of lead-based paint hazards and the remediation activities that will be conducted. The building owner must also maintain records of all lead inspections, risk assessments, and remediation activities for a minimum of 10 years.

Penalties for Non-Compliance

Building owners who fail to comply with the regulations concerning lead-based paint in New York City may face severe penalties, including:

  • Civil penalties: Building owners may be subject to civil penalties for each violation of the lead paint regulations. The amount of the civil penalty varies depending on the nature and severity of the violation.
  • Tenant lawsuits: Tenants who are harmed by exposure to lead-based paint hazards may file a claim against their building owners for damages, including medical expenses, pain and suffering, and loss of income.
  • Criminal charges: In cases of severe or intentional non-compliance, building owners may face criminal charges and penalties, including fines and imprisonment.

New York Lead Poisoning Lawyer

Whether you have been living as a tenant at a private apartment complex or in a public housing unit (the Projects), please remember that you have legal rights. If your child has been diagnosed with high blood lead levels, regardless of whether you live in public or private housing, you may be able to file a personal injury lawsuit against the NYCHA (the Projects) or private landlord (building owners and building managers) for damages. Those who have been affected can seek compensation for damages including medical expenses, cost of diagnostic tests, permanent injuries, lost income and benefits, disabilities, past and future pain and suffering, etc.

If your child has been affected by lead poisoning, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.

Our law firm recovered $1,162,500 for a child who suffered lead poisoning from paint in her apartment. The child’s injuries were subtle and difficult to recognize. We recovered $162,500 above the $1 million dollar total insurance policy in this case. Despite the judge’s efforts to settle the case for $950,000, we fought hard and recovered $162,500 more than the insurance policy of one million dollars. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.

Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.

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