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  1. #1
    Meagan421 is offline Junior Member
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    Can I sue for lead paint in my apartment?

    What is the name of your state (only U.S. law)? New York

    I had my apartment tested for lead by the city and turns out it was positive for lead. I have a 18 month old child, I had his blood tested and his levels are 3.2 which are too low to cause any damage. My son does have severe asthma and developmental issues. The landlord has known that I have a child since he was born, I notified them through writing, and they send me a letter to fill out stating I had a child and that they would come and inspect for lead paint and window guards. They never did and that is why I called the city to get an inspection. Do I have a case even if its not in my sons blood but shows in other ways?
  2. #2
    Isis1 is offline Senior Member
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    Quote Originally Posted by Meagan421 View Post
    What is the name of your state (only U.S. law)? New York

    I had my apartment tested for lead by the city and turns out it was positive for lead. I have a 18 month old child, I had his blood tested and his levels are 3.2 which are too low to cause any damage. My son does have severe asthma and developmental issues. The landlord has known that I have a child since he was born, I notified them through writing, and they send me a letter to fill out stating I had a child and that they would come and inspect for lead paint and window guards. They never did and that is why I called the city to get an inspection. Do I have a case even if its not in my sons blood but shows in other ways?
    what other ways? how do you prove the other ways is caused by the lead and not other factors?

    what financial losses have you occured in regards to the lead paint? did you get the paint professionally stripped? had the apartment repainted? incur hotel fees whilst the place was being treated?
  3. #3
    FarmerJ is offline Senior Member
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    What condition are the painted surfaces in ? Thats the biggest issue, EVEN if lead based paints were used in the past, IF the painted surfaces are well maintained there should not be any problem. NOW onto your childs test number. NOW you have a baseline to work with to see to it that it doesnt become higher. IF your LL has not been taking care of the units painted surfaces and they are peeling and or in poor shape,the first thing you should do is follow your city health dept guidelines for reducing exposure risk while living there. IF by chance inspections ordered lead abatement , insist on being let out of your lease so you can move with out penalty and remind your LL abatement cost less to do on a unit that is empty other wise you will have no choice but to use city resources to make sure no steps are skipped during abatement. Your only issue with the LL should be centered on the result of city inspections testing. If they say you must move out if they condemn your unit your LL cant do much about it other than refund the remaining days of the months rent back to you, Any claim your LL would have Re yoru deposit is pretty pointless if the unit ends up condemned. you may want to look at city ords and state law to learn if deposit refunds are sped up when a unit is condemned.
  4. #4
    BL
    BL is offline Senior Member
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    Did you ever receive a lead base discloser ,signed for it from the LL ?

    If you have a housing authority in your area for landlord tenant related problems and answers ,contact them to inquire .

    Definitely , if the paint is peeling or chipping call the health Dept. or code enforcement .
  5. #5
    You Are Guilty is offline Senior Member
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    At only 3.2 micrograms, its very unlikely you could prove a causal link between any developmental delays and the lead paint. (How long have you/your child been in your current apartment?)

    You can always run the facts past a lead paint lawyer - there are plenty to chose from in NY - for a second opinion though.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  6. #6
    Cvillecpm is offline Senior Member
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    Since landlords are not privy to gestation cycles of female tenants, providing the lead based paint disclosure and brochure are not required during pregnancy AND tenant knew when she gave birth and where the information is located if she knew enough to get child tested, etc.

    OP needs to locate suitable housing without lead or where lead issues have been abated.....now that her knowledge is on record, CPS can get involved if doctor notifies them of high lead levels in child.

    This is not the landlord's fault OR concern.
  7. #7
    BL
    BL is offline Senior Member
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    Quote Originally Posted by Cvillecpm View Post
    Since landlords are not privy to gestation cycles of female tenants, providing the lead based paint disclosure and brochure are not required during pregnancy AND tenant knew when she gave birth and where the information is located if she knew enough to get child tested, etc.

    OP needs to locate suitable housing without lead or where lead issues have been abated.....now that her knowledge is on record, CPS can get involved if doctor notifies them of high lead levels in child.

    This is not the landlord's fault OR concern.
    Here's the form. Read on .

    [url=http://www.docstoc.com/docs/14606/Lead-Paint-Disclosure-Forms-NY]Lead Paint Disclosure Forms-NY[/url]

    [url]http://www.dhcr.state.ny.us/Forms/Section8HCV/hsg-lbpp-ds.pdf[/url]

    [url]http://www.lead-paint-lawyers-new-york.com/rentals-lead-paint.html[/url]
    Last edited by BL; 08-12-2009 at 12:42 PM.

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