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Landlord Responsibility

New York Real Property Law §235-b requires landlords to provide an implied warranty of habitability, which means they must make sure that a rental dwelling is fit for human habitation and that the occupants of the dwellings are not be subjected to any conditions which would be dangerous, hazardous, or detrimental to their life, health, and safety. Deteriorated lead paint in a home clearly poses a danger to children, and a tenant can seek relief in Housing Court and possibly obtain rent abatement (no rent payments due) while lead paint violations are outstanding. However, any claim for personal injuries arising from defective and dangerous conditions, such as deteriorated lead-based paint, must be brought in New York State Supreme Court, and requires legal assistance.

Owners of multiple dwellings or buildings containing three or more rental units have additional responsibilities under New York's Multiple Residence and Multiple Dwelling Laws to keep these properties in good repair and free of conditions dangerous to life or health. Property owners cannot delegate these duties to tenants or to other third parties. Failure to maintain these properties in accordance with the requirements of the law are viewed as negligent conduct if the property owner or his agent knows about the dangerous condition or defect.

If a building was built before 1978, the owner is required to provide specific disclosures to tenants about the possible or known presence of lead-based paint under the federal Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. §§4851-4856. At the time of leasing, tenants must be provided with and acknowledge that they have received written notice that the property to be rented was built before 1978 and may have lead paint that could be dangerous to children.

Tenants have to be given a pamphlet, Protect Your Family from Lead in Your Home that is published by the U.S. Environmental Protection Agency (EPA). The tenants have to be told whether or not the landlord is aware of any known lead paint hazards (such as from a previous inspection) and be provided with records documenting the location of known leaded paint.

Prior to signing a lease, a tenant has to be offered an opportunity to conduct a lead paint hazard evaluation at the tenant's own expense. The federal disclosure law concerning lead paint has been in effect nationwide since 1996. Visit the EPA's website at www.epa.gov/lead/ and click on Rules and Regulations for more information about the federal disclosure law.

New York State has a law called the Lead Poisoning Prevention Act which provides for testing of lead in the blood of children and pregnant women. The law sets aside funds to screen children who live in poverty and requires doctors to report elevated blood levels to public health authorities. The law currently does not provide funds to identify and abate hazardous lead paint conditions and does not require any kind of certification or training of workers who remove lead paint hazards.