As the New York State Department of Health (DOH) gets ready to implement new measures to address the problem of lead poisoning, they are seeking public feedback on a new lead rental registry, which will require inspections for and tracking of rental units built prior to 1980. According to a News10 report, DOH is holding public hearings in Albany and Buffalo to discuss the rental registry and the Lead Poisoning Prevention Program.
What the New Program Entails
The new program requires building owners/managers to get lead safety certified every three years to ensure that their properties have no lead paint hazards. Inspections will identify peeling or chipping paint, which is a major source of lead poisoning in children under the age of 6 years. Any hazards must be cleaned up and repaired promptly under the regulations.
Starting November 2025, the program targets 25 “communities of concern” across the state that includes Albany, Buffalo, Syracuse, Utica, Watertown and Yonkers. Older homes have the highest risk of exposure. Together, the areas of concern affect about 282,000 rental units. Local health departments will have to audit 10% of inspections and report their findings to the state. Inspection costs have been estimated at $250 to $450 per unit with potential repair costs ranging between $500 and $40,000.
The lead rental registry is built on a successful model that was used in Rochester. DOH will offer training for building owners/managers, contractors and code enforcement officers after the finalized rules take shape in November. State officials are asking contractors and building owners/managers to prepare for these changes by getting EPA-certified in lead-safe renovation, repair and painting. Federal law requires such certification for any work that disturbs paint in homes built before 1978.
Renters’ Rights in New York City
In New York City, renters have specific rights regarding lead paint contamination, particularly in buildings constructed before 1960, which are likely to contain lead-based paint. Building owners/managers are legally obligated to follow safety protocols to prevent lead poisoning, especially if children under the age of 6 years live in the apartment. Under the NYC Childhood Lead Poisoning Prevention Act (Local Law 1 of 2004), building owners/managers must:
- Inspect apartments annually for peeling paint or other lead hazards.
- Correct lead hazards using safe work practices certified by the EPA.
- Notify tenants about their rights and distribute the annual lead-based paint safety pamphlet.
- Include a lead disclosure form in the lease, informing tenants if lead-based paint is known to exist in the unit.
Tenants have the right to:
- Request repairs for peeling paint or unsafe conditions.
- Report building owners/managers who fail to comply with lead safety laws to the city’s Housing Preservation and Development (HPD).
- Reside in housing that is free of lead hazards.
If a building owner/manager does not comply, tenants can file complaints with HPD by calling 311 or pursue legal action to enforce repairs. For added protection, tenants can have their units tested for lead or seek free lead screenings for children through city health programs.
New York Lead Poisoning Lawyer
Whether you have been living as a tenant at a private apartment complex or in a public housing unit (NYCHA) (the Projects), please remember that you have legal rights. If your child has been diagnosed with high blood lead levels, 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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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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Source: https://www.news10.com/news/ny-news/new-york-launching-lead-paint-rental-registry/