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Can I Sue My Landlord If Lead Paint Is Discovered In My Apartment?

Richard Holzberg | September 21, 2010

In homes and apartments across the country, lead paint is a serious problem that renters are increasingly being forced to confront. In New York City especially, finding lead paint on the walls is something that is very common, explains Manhattan injury lawyer Richard Holzberg.

According to Holzberg, an attorney at Ernest Holzberg & Associates, lead paint can cause an array of medical problems and should be remediated quickly if it is discovered in any type of residential dwelling. The problem, however, is that lead paint is usually hidden underneath layers of other types of paint on the walls, making it difficult to remove without causing destruction.

For years, lead paint was common throughout the country. It was eventually outlawed in the 1970s when researchers began realizing the harmful effects that lead exposure can have on humans. In the years since, lead has garnered a bad reputation. Renters, and especially those with young children, have become fearful of moving into dwellings that could have lead paint on the walls.

The reality, however, is that in places like Manhattan—where some buildings were built in the 1800s—it can be nearly impossible to avoid lead paint. When old paint is covered by layers of newer paint and wallpaper, it poses very little risk to the people living inside. For people who do not have young children in the house, lead paint problems are not usually as much of an issue. Unless a person is picking at his walls or chewing at them, it is unlikely for any of the lead to actually be exposed.

It’s only when those upper layers of paint begin to peel, chip, or crack that the underlying layers of lead paint could seep through. That is where lead poisoning really comes from, and it is at that point when an injury lawyer in Manhattan may need to be called. Additionally, lead dust can be stirred up around windowsills where deteriorated paint tends to accumulate. Particularly on a friction surface like an old-fashioned window that gets pushed up and down, lead dust can be a real problem.

When a lead problem is discovered in an apartment, it is up to the landlord to fix the issue as quickly as possible. Anyone who suspects that lead paint is an issue in his apartment should visit a doctor to have blood testing done. If these tests do reveal elevated levels of lead in the blood, then this is the point at which Holzberg recommends contacting an attorney for further advice.

As an injury lawyer in Manhattan, Holzberg has heard from families whose landlords were slow to remediate these types of issues. In many of these cases, the city will actually get involved. Professionals from the New York City Department of Health, known as Public Health Sanitarians, will inspect the residences in question and determine whether the lead levels are higher than they should be. If this is the case, then each landlord will be notified and instructed to take action.

This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.

About Richard Holzberg

Author Name

Richard Holzberg is a seasoned litigator who has spent more than 13 years representing clients in personal injury cases in New York City and its surrounding counties. Before joining Ernest Holzberg & Associates in 1983, he served for three years as an Assistant District Attorney for New York County under Robert Morgenthau, prosecuting hundreds of cases and gaining substantial trial experience. A lifelong New Yorker, Holzberg is a graduate of SUNY Fredonia and received his law degree from John Marshall Law School in Chicago in 1990. Holzberg is admitted to practice in all of the New York State Courts and the US District Courts for the Southern and Eastern Districts of New York. He is a member of the New York State Trial Lawyers Association.

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