A property manager in Buffalo has pleaded guilty to a misdemeanor charge of aiding and abetting the failure to provide lead paint hazard warning notice to tenants. According to a news release issued by the U.S. Attorney’s Office, the charge carries a maximum penalty of one year in prison and a $100,000 fine. Lead paint in homes has been known to cause lead poisoning, especially in children who are particularly vulnerable due to their age.
Failure to Inform Tenants About Lead Paint
Officials said the 52-year-old property manager was acting on behalf of the
property owner. Between December 2015 and May 2018, according to the above news release, both the property manager and the property owner were aware of lead-based paint and lead-based paint hazards at a residence on Wick Street in Buffalo, a two-family home that was built in 1905.
In April 2019, and again in June 2020, the property manager and property owner rented the residence to tenants. The property manager provided a lead disclosure statement to those tenants, officials say, which falsely affirmed that the landlord “had no knowledge of lead-based paint and/or lead-based paint hazards in the housing.”
According to the above news release, it further stated that they had “no reports of records pertaining to lead-based paint and/or lead-based paint hazards in the housing.” The plea came as a result of an investigation conducted by the U.S. Environmental Protection Agency, Criminal Investigation Division and several other agencies. The New York State Attorney General’s Office offered additional help with the investigation, according to the news release.
Landlords’ Responsibilities
Under New York City Local Law 1 of 2004, landlords are required to identify and fix lead paint hazards in apartments where young children (the age of 6 or under) live. This law applies to your apartment if:
• It was built before 1960 (or between 1960 and 1978 if the owner knows that the building has lead paint)
• The building has three or more apartments
• A child the age of 6 or under lives in your apartment
Here are things landlords must do:
• In buildings covered by Local Law 1, landlords must find out if any children the age of 6 or under live in the building and inspect those apartments for lead paint hazards every year.
• Landlords must use safe work practices and trained workers when fixing lead paint hazards and when doing general repair work that disturbs lead paint.
• Local Law 1 requires landlords to use firms certified by the U.S. Environmental Protection Agency when disturbing more than 100 square feet of lead paint, replacing windows, or fixing violations issued by the New York City Department of Housing Preservation and Development (HPD).
• Landlords are required to repair lead paint hazards before a new tenant moves into an apartment.
• Landlords are also required under this law to keep records of all notices, inspections, repairs of lead paint hazards, and other matters related to its compliance and make them available to HPD when required.
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 New York City Housing Authority (NYCHA) (the Projects) or private 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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Source: https://www.justice.gov/usao-wdny/pr/property-manager-pleads-guilty-his-role-failure-properly-notify-tenants-about-lead