A number of news outlets have reported that the NYCHA (the Projects), which operates thousands of public housing units in the city, has been extremely slow in fixing lead paint issues in these apartments, which are known to pose a risk of lead poisoning especially to young children. Now, according to a report in The City, the effort to fix lead paint problems in these housing units has hit another snag.
Uncertified Lead Paint Supervisor
The City reports that when NYCHA (the Projects), turned over hundreds of public housing apartments in Manhattan to a private management company last fall, the new managers were required to clean up any lead paint hazards in those units. However, it was recently discovered that the company, which was to supervise lead paint repair and removal in these homes, had an EPA certification that expired in 2011, 10 years ago.
This is one of many problems in NYCHA’s controversial efforts to fix lead paint issues by turning over management of its buildings to the private sector through an Obama-era program known as Rental Assistance Demonstration or RAD. Under the city’s version of RAD, NYCHA (the Projects) retains ownership of the buildings, but transfers management over to the private sector, which supporters of the program say is necessary in order to repair the crumbling public housing system.
The new managers are required to certify that living conditions will continue to meet all city, state and federal requirements. But The City has found that problems in the Manhattan buildings (a group of developments containing more than 1,700 apartments) include the use of an uncertified lead paint supervisor as well as the use of an asbestos contractor with a track record of violations.
Can You Pursue a Lead Poisoning Lawsuit?
If you suspect that your child’s illness is linked to lead poisoning, it is important that you identify the source of contamination. Whether you live in private housing or public housing or “the Projects” operated by the New York City Housing Authority (NYCHA), there is a strong likelihood that you may have lead paint in your home.
Your attorney will review the facts and evidence as well as your child’s medical records to determine who can be held responsible. Your lawyer will also be able to calculate the time you have left to file the lawsuit before the statute of limitations expires.
New York City requires landlords (building owners) and building managers to take regular steps to monitor and remove lead-based paint in their buildings. Property owners/property managers are required to investigate lead paint hazards before turning over a unit to a new tenant. If hazards are identified, the landlord must conduct repairs using safe lead removal practices with trained lead removal workers. Landlords are also required to confirm with new tenants if a child the age of 6 or under will reside in the unit and issue a notice that documents the owner’s responsibilities to identify and remove lead paint. When a landlord fails to remedy lead paint issues or does not properly inform tenants about lead paint hazards, they can be held liable.
NYC 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 landlords (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 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 and/or medical malpractice 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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