Since 1978 · Attorney Advertising
Lead disclosure: what the landlord had to tell you
The Frankel Law Firm has been helping victims of lead poisoning and serious personal injuries for more than 40 years, and we are proud of that legacy. When you rented, the landlord had to tell you about known lead paint, and many families never got that paper. If you never saw a pamphlet, or you later learned another child was poisoned in the same apartment, please call for a free consultation and bring the lease if you have one. There is no fee to speak to us or for us to evaluate your potential case.
What you should have received
Federal law requires, when you sign or renew a lease, an EPA pamphlet — Protect Your Family From Lead in Your Home. HUD and EPA rules also require the landlord to disclose known lead-based paint or lead-based paint hazards, or to say they have no such knowledge. If they have records and reports about lead in the housing, they must give you those records.
That disclosure covers the apartment and common areas, deteriorated paint, accessible surfaces, and leaded paint on friction surfaces. Federal rules add to — and do not replace — New York City’s turnover disclosure of dust clearance results.
When you sign a lease in New York City, the owner must also give you the Lease/Commencement of Occupancy Notice asking whether a child under six will live or regularly spend 10 or more hours a week in the unit, and the Lead Paint Hazards in the Home pamphlet, with a certification that required turnover work was done. That notice is also required at renewal.
If there is no written lease
Short-term leases of less than 100 days, where no renewal or extension can occur, are excluded from the federal disclosure rules. A month-to-month tenancy is not terminable by its terms in less than 100 days — EPA has determined the regulation applies to that tenancy. The landlord must still give the pamphlet and the other required disclosures. You are still covered in many cases even if the landlord never gave you a written lease.
If the landlord did not disclose
Failure to follow the EPA and HUD disclosure rules can support a private right to sue for damages from the breach, possible triple damages for knowing violators, attorney’s fees, expert fees, and civil or criminal penalties for a knowing violation. Exact penalty amounts change. A lawyer should check the regulation that applies to your lease date.
City disclosure is different
Federal disclosure is about what the landlord knew and what they told you. Local Law 1 also requires turnover records, dust clearance results, and the annual child inquiry. See Turnover provisions and our guide to Local Law 1.
Michael Stewart Frankel and Reuven S. Frankel welcome your call.
There is no fee to speak to us or for us to evaluate your potential case.
Lead poisoning information
A telephone call or online inquiry does not create an attorney-client relationship. The firm represents a client only if it agrees to do so. Please do not send medical records until representation has been agreed. Attorney Advertising.