A CBS New York investigation has found that the New York City Housing Authority (NYCHA) contests the city health department’s lead paint violations far more than other building owners. According to the findings, NYCHA (the Projects) is not only contesting lead paint violations as often as all the other landlords (building owners) in the city combined, but also getting these violations canceled more often than private landlords (building owners).
She said her child ingested lead paint chips or dust, which are highly toxic. After Whitaker’s daughter tested positive for severe lead poisoning, the city’s Department of Health and Mental Hygiene tested the home and found 22 lead-based paint hazards, and ordered NYCHA to fix them. According to city records CBS obtained, the same day NYCHA got the violation notice, the housing agency informed the health department they planned to contest 21 out of the 22 violations, which were found with a type of testing called XRF using a device that can detect lead through multiple layers of paint.
NYCHA got a different type of test done at the same apartment, a paint chip analysis, which produced significantly different results. Based on the paint chip analysis, the health department agreed to dismiss 16 of the 22 violations. While a health department spokesperson told CBS New York that they treat NYCHA the same as other landlords (building owners), the media outlet’s public records request showed that in the last five years, the health department has dismissed lead paint violations more often for NYCHA than for private landlords (building owners) in the city.
These findings come barely a week after New York City Council members passed two bills with the goal of closing gaps in the city’s existing lead poisoning prevention policy. If this law goes into effect, the city may soon have to perform more thorough lead paint inspections and report on landlords who try to contest their results. The measures are headed to Mayor Eric Adams for his approval or veto.
In addition to these measures, federal officials also announced this week that they are proposing tighter standards for how much lead is considered hazardous for health in older buildings and child care facilities. The threshold for lead treatment/correction would drop to anything above 0 micrograms of lead per square foot of space on high-touch surfaces such as floors and window sills.
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, 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.cbsnews.com/newyork/news/nycha-contesting-lead-paint-violations/