Q: Landlord didn't disclose lead paint, child affected, options?

A: Sorry to hear what happened to your son. There is no safe lead level in the blood which can cause developmental delays in children. Depending on your son's lead levels and whether it can be causally connected with your apartment, he could have a viable claim against the landlord for lead poisoning. Best to speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.

Although there is nothing objectionable per se about accepting $2,500 from the landlord to change apartments, make sure your acceptance of this offer does not constitute a waiver of future legal action on behalf of your son.

A: I’m sorry to hear about your child’s health issue and the stress this situation has caused. Exposure to lead, especially for young children, can have serious and lasting effects. In New York, landlords have specific legal responsibilities when it comes to disclosing and addressing the presence of lead-based paint in residential properties, and failure to comply can lead to liability.

Under both federal law (Title X of the Housing and Community Development Act) and New York State law, landlords must disclose any known information about lead-based paint or lead-based paint hazards before renting most residential properties built before 1978. They must provide tenants with a lead hazard information pamphlet approved by the Environmental Protection Agency (EPA), disclose any known lead hazards in the property, and include specific language in the lease regarding these disclosures. If your landlord failed to do this, they may be in violation of both federal and state law.

In addition, New York City has its own lead paint laws under Local Law 1 of 2004, which requires landlords of multiple dwellings built before 1960 (and certain buildings built between 1960 and 1978) to proactively identify and remediate lead-based paint hazards in apartments where children under the age of six reside. If your unit falls within the scope of this law and the landlord failed to conduct lead inspections or remediation, they could be held liable for noncompliance.

If your child has tested positive for elevated blood lead levels and the exposure is traced to the rental property, you may have a claim for negligence, breach of the warranty of habitability, and violation of consumer protection laws. In such cases, you may be entitled to damages that go beyond the $2,500 offered by your landlord, including compensation for medical costs, pain and suffering, and possibly long-term health monitoring or educational support.

You may also file a complaint with your local health department, which can conduct an inspection and issue violations if lead hazards are found. This documentation can support any legal claims you pursue.

Given the potential seriousness of the health impacts and legal violations, you should speak with a personal injury or tenant rights attorney familiar with lead exposure cases. An attorney can help you determine whether to accept the landlord’s offer, negotiate a higher settlement, or file a lawsuit for damages.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: I hope your child is okay. As my colleagues correctly advise, you could look into arranging a consult with an attorney. When you mention discovering lead, if that means you have test results of blood work from a lab, that data would be meaningful to an attorney during a consult. Good luck