New York City Coalition to End Lead Poisoning v. Koch

(N.Y. Sup. Ct. App. Div. Mar. 4, 1991) ; Clearinghouse Number: 39406

Description

New York City Officials Must Comply with Federal and Local Requirements for Removal of Lead-Based Paint

Abstract

The court of appeals has granted plaintiffs' motion for a preliminary injunction in this class action seeking to compel New York City officials to comply with federal and local requirements for the removal of lead-based paint hazards in residential buildings. The court found that the city's housing maintenance code calls for the abatement of lead paint hazards in apartments where children under age six reside by the covering or removal of all lead-based paint, regardless of its condition and regardless of the age of the building. The court held that the city's Department of Housing Preservation and Development (HPD) regulations are inadequate because they limit enforcement efforts to the inspection and abatement of lead paint hazards in apartment buildings built before 1960 in which the paint is actually peeling. The court also held that HPD's regulations failed to address the matter of safety procedures to be followed so as to ensure the health and safety of the children residing in the apartment while the hazard is corrected. Counsel notes that the parties are currently in settlement negotiations. [Editor's Note: For more information on this case and lead-based paint abatement, see Lucy Billings, Development of Safety Procedures for Abatement of Lead-Based Paint, 25 Clearinghouse Rev. 1540 (Apr. 1992).].

Additional Information

Attorney Information
Respondents-cross appellants represented by Lucy Billings, Elizabeth Shollenberger, Bronx Legal Services, 579 Courtlandt Ave., Bronx, NY 10451, (212) 993-6250; Andrew Goldberg, Linda Flores, Richard Rivera.
Docket Date
1991-03-04 00:00:00+00:00

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