A property owner in Buffalo, New York, has been sentenced to five years’ probation, including eight months of home confinement with electronic monitoring after he made false statements about lead-based paint in 23 properties he sold. The man pleaded guilty in April to making the false statements saying the lead-based hazards at the properties he sold were “unknown” and that he had no records of the hazards at those properties.
In September 2020, the property owner was sued by New York Attorney General Letitia James for repeatedly violating lead paint laws. As a result of the lawsuit, in November 2022, he was ordered to pay $5.1 million in restitution and penalties, which officials said would go towards childhood lead poisoning prevention programs in the county.
Lead Paint Laws in New York State
New York has strict regulations concerning lead paint due to its potential health hazards, particularly for children and pregnant women. These laws are aimed at preventing lead poisoning and ensuring safe living conditions in residential properties.
In New York State, the Lead Poisoning Prevention Program is administered by the Department of Health (DOH) and the Department of Housing and Community Renewal (DHCR). The laws are in line with federal regulations and mandate various requirements for landlords (building owners and building managers) and contractors to mitigate the risks associated with lead-based paint.
Some of the key components of New York’s lead paint laws include:
- Disclosure requirements: Landlords (building owners and building managers) are required to disclose any known presence of lead-based paint to tenants before they sign a lease or rental agreement for properties built before 1978. They must provide informational pamphlets outlining potential risks and safety measures.
- Lead paint inspections: Property owners/managers may conduct lead paint inspections and risk assessments before renting or selling pre-1978 residential units, especially those occupied by children under the age of 6. Certified inspectors should perform these assessments to determine lead hazards.
- Lead abatement and remediation: If lead hazards are found, property owners/managers are responsible for proper abatement and remediation. They must hire certified contractors to address the lead hazards using safe practices to eliminate exposure risks. Contractors performing renovation, repair, or painting work in pre-1978 housing units must be certified and follow specific work practices outlined by the Environmental Protection Agency (EPA) to prevent lead exposure.
Failure to comply with lead paint laws can result in penalties, fines, or legal actions against non-compliant landlords (building owners and building managers) or contractors. These laws aim to protect residents, particularly children, from the dangers of lead exposure.
How Lead Exposure Harms Children
Lead exposure poses severe risks to children’s health and development, causing detrimental effects even at low levels of exposure. Lead is a neurotoxin that affects the developing brain, leading to learning disabilities, decreased IQ, attention deficits, and behavioral problems. Even low levels of exposure can cause permanent cognitive impairment. Lead exposure can harm various organs, causing abdominal pain, digestive problems, and reduced appetite. It can also lead to anemia, impacting the production of red blood cells.
Children exposed to lead may experience delays in physical growth and development milestones, such as delayed speech and motor skill development. Elevated lead levels in the blood have been linked to increased aggression, irritability, and difficulty concentrating or controlling impulses. Lead exposure during childhood can have lasting consequences, affecting educational attainment, employment opportunities, and overall quality of life.
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.wkbw.com/news/local-news/western-new-york-property-owner-sentenced-to-probation-for-lying-about-lead-hazards