Co-op City Housing Development

Co-op City (short for Cooperative City) is a cooperative housing development located in the northeast section of the Bronx. With about 44,000 residents (according to the 2010 U.S. Census), it is the largest housing cooperative in the world. The area was initially marshland, later developed into an amusement park called Freedomland U.S.A. in the early sixties.

Construction for the housing complex began in 1966 and the first residents moved in two years later even though the project wasn’t fully completed until 1973. The location is part of the Bronx Community District 10 and is bounded by Interstate 95 to the southwest, west and north, and the Hutchinson River Parkway to the east and southeast. It is partially in the Baychester and Eastchester neighborhoods. Some famous former residents of this housing development include actress and rapper Queen Latifah and U.S. Supreme Court Judge Sonya Sotamayor.

What You Need to Know

Co-op City has 15,372 residential units housed in 35 high rise buildings and seven clusters of townhouses, It is the largest single residential development in the United States sprawling over 320 acres including several large green spaces. Co-op City is divided into five sections. This “city within a city” has eight parking garages, three shopping centers, a 25-acre educational park including a high school, two middle schools and three grade schools, a power plant, a four-story air-conditioning generator and a firehouse.

More than 40 offices within the development are rented by doctors, lawyers and other professionals and there are at least 15 houses of worship. Also spread throughout the community are six nursery schools and daycare centers, four basketball courts and five baseball diamonds. The Bay Plaza Shopping Center has a 13-screen multiplex movie theater, department stores and a supermarket.

Lead Paint in Co-op City

Lead contamination has proven to be a hazard in much of New York City’s public housing, co-op and condo buildings, including Co-op City. Lead was widely used in paints in the United States until 1978 even though it was banned in New York City in 1960. Manufacturers used lead in their paints because they believed it made it more durable. Lead paint was widely used in windows and doors, but it may have been used to paint any surface.

While the city did ban lead paint, it did not mean that everyone who had used lead paint before that ban had to remove it. It just meant they may not use fresh lead paint. The old lead paint may stay and in fact, much of it still exists.

What the Law States

In New York City, Local Law 1 of 2004 and its amendments require landlords (building owners) to identify and repair lead-paint hazards in the apartments where there is a young child, using trained workers and safe work practices. Lead paint hazards are presumed to exists in units built before Jan. 1, 1960, in buildings with three or more apartments and a building where a child under the age of 6 residents. Under Local Law 64 of 2019, the term “resides” means spending 10 or more hours each week in a dwelling unit and includes a child who lives in the apartment and a child who just visits for that period of time. This law applies to buildings built before 1960 and those built between 1960 and 1978.

Every year, the apartment must be inspected for lead paint hazards, which include dust from lead paint, peeling or damaged lead paint, lead paint on crumbling plaster or rotted wood or other issues that may harm a child by causing him or her to suffer lead poisoning. If any problems are found, the landlord (building owner) must carry out the repairs. To test for lead paint, an x-ray fluorescence instrument can be used. The XRF Lead Analyzer works by being placed against the wall and costs about $8000. The homeowner is responsible for testing an apartment to determine the location of the lead contamination, its correction as well as the expenses involved.

Lead in the Water

Instances of lead contamination in Co-op City is not just restricted to the paint that was used. According to news reports, buildings such as those in Co-op city are also likely to have lead in the water. Buildings constructed before 1970 – which Co-op city was – were built with lead pipes. If the water is corrosive, it may result in lead being released into the water. Also, if the pipes are not properly grounded, it may potentially accentuate the corrosion of the pipes, also increasing the lead content in the water.

A report in September 2018 said that Co-op City tap water has among the highest lead levels throughout the five boroughs. That was based on a report released by the New York City Independent Budget Office. The report states that the lead levels continue to surpass the federal threshold in several buildings.

A couple of the biggest issues, according to the report, include no mandates that require private buildings to remove lead pipes and plumbing. The report said the Department of Environmental Protection (DEP) has no leverage to compel lead cleanup in private residences unless more than 10% of the buildings sampled have lead problems. The report also said the building owners are not required to notify a tenant of lead pipes or fixtures in a home. The DEP offers free lead-testing kits to any resident who requests it.

How Lead Affects Children

Lead exposure is one of the most commonly occurring and preventable poisonings. According to the Center for Disease Control and Prevention, 6% of all children ages 1-2 years and 11% of black children ages 1 to 5, have blood lead levels in the toxic range. Lead is a potent toxin that can affect people of all ages. But, children with developing bodies are particularly vulnerable because their rapidly forming nervous systems are especially sensitive to the effects of lead.

Exposure to lead can have a wide range of effects on a child’s development and behavior. Even when they are exposed to small amounts of lead, children may become inattentive, hyperactive and irritable. Children with greater levels of lead exposure may have problems with learning and reading, delayed growth and hearing loss. At high levels, lead may cause irreversible brain damage and even death. Early intervention and treatment is key when it comes to reducing the risk of children suffering permanent damage.

Some children show no symptoms of lead poisoning while others may display some signs such as headaches, trouble concentrating, loss of appetite, weight loss, nausea, vomiting, a metallic taste in the mouth, feeling tired, muscle and joint weakness and looking pale. A simple blood test can help diagnose lead poisoning. Doctors extract the blood by pricking the finger or putting a small needle into a vein. Blood tests to check for lead in the body should ideally be done when children are 1 and 2 years old.

Treatment for lead poisoning depends on how much lead is present in the blood. The most important part of treatment is to cut off the lead exposure. A child with a small amount of lead often can be treated with relative ease. But children with severe cases and a high level of lead in their blood may have to be hospitalized and treated with a medicine called a chelator, which helps the body get rid of the lead naturally.

Knowing Your Rights

If you know you are moving in an older housing unit, such as one in Co-op City, which was built before 1978, your risk for lead paint may be higher. Landlords (building owners) are required to disclose whether the home was built before 1978. They are required to give you a pamphlet on how to protect your family from lead and they must write out a disclosure list of any known lead paint hazards. If you have children or plan to become pregnant while living in the home, you may want to look out for signs of chipping or peeling paint.

If your child’s blood levels are found to be high, your doctor may refer you directly to the local health department, which may be the best choice as an advocacy group. It is in your best interest here to contact an experienced New York City lead poisoning lawyer who will fight hard to protect your rights and serve as your advocate. If your child’s blood lead levels are below the state-mandated intervention levels, you may be able to work with your landlord to have lead hazards removed.

You may choose to write a letter to your landlord (building owner) asking them to repair the problem. While this may not be effective in forcing the landlord to act, it may still help protect your rights. First, it establishes the starting point where you can prove that the landlord knew about the lead paint. In other words, it may help you prove negligence (carelessness) at a later time, if you need to do so. Secondly, it establishes a paper trail that will force the landlords (building owners) to disclose all known lead paint violations to future tenants. Even if you have a verbal conversation with your landlord, make sure you write it down so you have a record of it.

Some of the details to include in the letter are how you discovered the problem (such as a blood test); where you see peeling or chipping paint in the unit; who is in danger (if you have children, list their ages); a reasonable deadline for the landlord to solve the problem. Be sure to keep a copy of this letter for your records.

If your landlord (building owner) fails to take appropriate action, you may want to call your health department and have them take action against the landlord. Different health departments have different levels of enforcement depending on the emergency of the situation and their own internal regulations. If your landlord has promised to fix the lead problem, but has not done so, you can file a further complaint or move out of the unit. Contact an experienced New York lead poisoning lawyer to obtain information about pursuing your legal rights.

An experienced New York City lead poisoning lawyer will be able to help you file the lawsuit and compile the evidence that is required to hold the party accountable for its negligence (carelessness). As a resident of public housing, you and your family have the right to live in a safe and healthy environment. The landlord has a duty as the property owner and manager to provide a safe and healthy environment for all residents.

Filing a Lead Poisoning Lawsuit

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. You may be able to seek compensation for damages including medical expenses, cost of diagnostic tests, permanent injuries, disabilities, past and future pain and suffering, etc.

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 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 full 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 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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