New York State is taking significant steps to combat childhood lead poisoning through the implementation of the Lead Rental Registry Program. This initiative focuses on identifying and mitigating lead hazards in older rental properties across designated communities. Lead poisoning poses severe health risks, particularly to young children. Exposure can potentially lead to irreversible brain damage, developmental delays and lifelong disabilities. The primary source of lead exposure in residential settings is deteriorating lead-based paint, commonly found in homes built before 1980. Addressing this issue is crucial for safeguarding public health.
What is the Lead Rental Registry Program?
The Lead Rental Registry Program is a proactive measure to ensure rental properties are free from lead hazards. It mandates that rental units constructed before 1980 in specified communities undergo regular inspections and obtain lead safety certifications. The program’s primary objectives include:
- Identification of lead hazards: Systematic inspections to detect deteriorated lead-based paint and contaminated dust.
- Remediation requirements: Obligating property owners to promptly address identified lead hazards using lead-safe work practices.
- Certification and compliance: Issuance of lead safety certifications upon successful remediation, with compliance tracked and enforced by relevant authorities.
Understanding the Regulations
The program’s regulations are currently in the draft stage, with the public comment period open until Feb. 23. Following the incorporation of feedback, the final regulations are scheduled to take effect in November 2025. This timeline allows property owners/managers and contractors sufficient time to prepare for compliance.
Once the regulations are in effect, the following process will be implemented:
- Initial inspection: Rental units built before 1980 will undergo a comprehensive inspection, including a visual assessment for deteriorated lead paint; evaluation of outdoor soil conditions; and collection of dust wipe samples to test for lead contamination.
- Remediation: If lead hazards are identified, property owners/managers must address the hazards promptly using lead-safe work practices and ensure that all remediation efforts comply with state and federal guidelines.
- Certification: Upon successful remediation and a follow-up inspection confirming the absence of lead hazards, a lead safety certification will be issued. Properties are required to obtain certification every three years, ensuring sustained lead safety.
What is the Responsibility of Property Owners/Managers?
Property owners/managers play a crucial role in the success of the Lead Rental Registry Program. Key responsibilities include enrolling eligible properties in the registry. They will also be required to arrange for timely inspections by certified professionals and address any identified lead hazards promptly. In addition, they must make sure that properties maintain up-to-date lead safety certifications. Non-compliance can result in penalties and legal consequences, emphasizing the importance of adherence to program requirements.
Understanding Your Rights
If you’re a tenant in New York City and suspect that your rental unit contains lead-based paint, it is crucial to understand your rights and the appropriate steps to ensure your safety:
- Notify your Building Owner/Manager. Inform your building owner/manager in writing about any peeling or deteriorating paint, especially if a child under the age of six years resides in the unit. Building owners/managers are legally obligated to address potential lead hazards promptly.
- Request an inspection. Building owners/managers must arrange for a certified professional to conduct an X-Ray Fluorescence (XRF) inspection to determine the presence of lead-based paint. As of August 2020, Local Law 31 mandates such inspections in units where children under 6 years of age reside.
- Request access to records. Building owners/managers must provide tenants with records of annual lead paint notices, investigations and any remediation efforts. They are also required to provide these records to the Department of Housing Preservation and Development (HPD) within 45 days of any lead-based paint hazard violations.
- File a complaint. If your building owner/manager fails to address lead hazards, you can file a complaint with HPD by calling 311 or visiting the NYC 311 website. HPD will conduct an inspection and can issue violations requiring the building owner/manager to take corrective action.
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, 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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