A Harlem landlord (building owner and building manager) with more than 100 lead paint violations has been fined for failing to comply with the city’s lead paint regulations. According to a news release issued by the New York City Department of Housing Preservation and Development (HPD), the agency obtained civil penalties amounting to $150,000 across 10 properties owned by the same property owner involving over 790 units — 99 of which had the paint violations with potential lead poisoning risks.
Several Violations
The properties, located in the Bronx and in Manhattan, each incurred fines of $15,000 per building. The enforcement action is part of New York City’s Lead on Lead initiative. As part of this settlement, the property owner has been ordered to comply with lead paint regulations and rectify all violations across the 10 buildings — two of which are in Manhattan and eight are in the Bronx.
The outstanding violations include both lead-based and non-lead-based paint totaling over 1,000 violations, with 154 directly linked to lead hazards, recordkeeping and failure to perform inspections when a dwelling unit changes tenants. In addition, the city has also ordered the landlord (building owner and building manager) to comply with record-keeping, annual notice and investigation requirements under Local Law 1 of 2004.
What Are a Property Owner’s/Manager’s Responsibilities?
Building owners and building managers of multiple dwellings that were built prior to 1960 (or between 1960 and 1978) with lead paint, must provide Annual Notices to tenants between Jan. 1 and Jan. 16. Notices must be made available in English and Spanish, prompting tenants to identify if a child under 6 years of age lives or spends significant time in the unit. If tenants do not return completed notices, then property owners/managers must notify the city’s Department of Housing and Mental Health in writing and conduct follow-up investigations.
When owners/managers find a unit occupied by a child under the age of 6 years, they must conduct visual inspections for potential lead-paint dangers annually or more frequently based on prior knowledge or reports. Even though professional inspection is not required, virtual training from the federal Department of Housing and Urban Development is recommended. Visual inspections should identify peeling paint, chewable surfaces, deteriorated sub-surfaces, and friction and impact surfaces. Prompt repairs should be performed if lead paint is found.
If you are a tenant who is concerned about lead paint in your apartment and your property owner’s/manager’s inaction, you can file complaints online or by calling 311. HPD will schedule an appointment for an inspector to conduct a lead-paint inspection in your home. If warranted, violations may be issued to the landlord (building owner and building manager). In 2023, HPD issued more than 18,000 lead paint violations, and over 5,200 violations for failure to complete or document turnover requirements, and over 1,300 violations for failure to complete proper record keeping relating to lead paint activities.
How Lead Paint Affects Young Children
Lead paint poses a significant health risk to young children, primarily through ingestion or inhalation of lead dust or chips. Children are particularly vulnerable to the toxic effects of lead because their developing bodies absorb it more readily than adults. Exposure to lead paint can lead to serious health issues, affecting the nervous system, kidneys, and other organs. Cognitive and behavioral problems, learning disabilities, and developmental delays are common consequences.
Lead poisoning can manifest as irritability, loss of appetite, weight loss, and fatigue. Long-term exposure may result in irreversible damage. Even low levels of lead exposure can impact a child’s IQ and academic performance. Since lead paint is often found in older homes, preventive measures such as regular inspections, proper maintenance, and prompt remediation are crucial to safeguard the health and well-being of young children.
Contacting a 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 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 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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Source: https://www.harlemworldmagazine.com/hpd-imposes-150000-in-fines-on-property-owner-for-violating-lead-based-paint-regulations/