A New York City construction company has agreed to a proposed consent decree with the United States for failing to comply with lead paint safety laws when renovating more than 100 apartments in Manhattan. According to a news release posted by the U.S. Attorney’s office, the developer agreed to pay a $168,000 penalty and repair potential harm from the lead paint dust released during demolition work. Lead dust has the potential to cause lead poisoning, which can result in harmful long-term health effects.
Several Lead Safety Violations
U.S. Attorney Damian Williams said in the news release that the developer failed to follow lead-safe work regulations, which are specifically designed to protect building occupants including children as well as construction workers from toxic lead paint dust generated during apartment renovations. EPA officials said the company’s actions put tenants, the public and its employees at risk of lead poisoning.
The developer also failed to provide on-the-job lead safety training to workers and failed to adequately contain lead dust, officials said. In addition, the developer failed to provide a lead-hazard information pamphlet to the owner or building occupants prior to commencing work and did not maintain documentation showing that is complied with lead-safe work practices, officials said.
Negative Effects of Lead Dust on Children and Adults
Lead dust poses significant health risks to both children and adults, with children being particularly vulnerable. When lead dust is inhaled or ingested, it can accumulate in the body, leading to a variety of health problems. In children, exposure to lead dust can severely impact brain development, resulting in cognitive deficits, learning disabilities, and behavioral issues. Even low levels of lead exposure can reduce a child’s IQ, affect their ability to pay attention, and cause hyperactivity. Because their bodies are still developing, children absorb lead more easily than adults, and their nervous systems are more sensitive to its toxic effects.
For adults, exposure to lead dust can cause a range of health problems, including high blood pressure, kidney damage, and reproductive issues. Lead can also accumulate in the bones, where it can remain for years and be released back into the bloodstream, particularly during periods of stress, illness, or pregnancy, posing a risk to both the individual and a developing fetus. Chronic exposure to lead can also result in neurological issues, such as memory loss and mood disorders. The toxic effects of lead are irreversible, making it crucial to minimize exposure and address sources of lead dust contamination in the environment, particularly in older homes and buildings.
Your Rights as a Tenant in New York City
As a tenant in New York City, you have specific rights regarding lead paint, particularly in buildings constructed before 1960, when lead-based paint was commonly used. Landlords (building owners and building managers) have a legal obligation under Local Law 1 of 2004 to address lead paint hazards, especially in apartments where children under 6 reside. They must inspect apartments for lead paint annually and safely repair any lead-based paint hazards using certified contractors.
You can request lead testing if you suspect lead paint in your apartment. Landlords (building owners and building managers) must provide you with information on the presence of lead paint, including the results of any inspections. If lead hazards are identified, building owners/building managers are required to remediate them promptly, following specific safety procedures to prevent the spread of lead dust.
Landlords (building owners and building managers) are also responsible for maintaining a lead-safe environment, especially if their property was built before 1960. If renovating, homeowners must ensure that contractors follow lead-safe work practices to prevent contamination.
If a building owner/building manager fails to address lead paint hazards, tenants can file a complaint with the NYC Department of Housing Preservation and Development (HPD). Tenants are protected from retaliation for reporting lead hazards, ensuring their right to a safe and healthy living environment.
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 Bronx lead poisoning attorney 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.justice.gov/usao-sdny/pr/us-attorney-announces-consent-decree-legacy-builders-violating-lead-paint-safety