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Juarez v. Wavecrest: notice rules for parents (not absolute liability)
In Juarez v. Wavecrest Management Team Ltd., 88 N.Y.2d 628 (1996), the Court of Appeals set notice rules for landlord liability for lead-based paint in New York City residential units. This note explains those holdings for parents and caregivers: child-in-unit notice, constructive notice of a hazardous lead condition, and why a Local Law 1 violation is not absolute liability. It is not a recovery announcement.
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Juarez v. Wavecrest Management Team Ltd., 88 N.Y.2d 628, 672 N.E.2d 135, 649 N.Y.S.2d 115 (1996) — Court of Appeals decision on landlord liability for lead-based paint in New York City.
This firm was counsel for the plaintiffs in Juarez. Prior results do not guarantee a similar outcome.
Child-in-unit notice
The Court held that to establish liability plaintiffs must show the building owner had actual or constructive notice that a child six years of age or under was living in one of its residential units. A landlord with such notice is chargeable with notice of any hazardous lead condition in that unit.
That notice frame is the starting point for many New York City lead claims against private landlords. It is not a finding about any particular building, and it is not a promise about another family’s case.
Not absolute liability — reasonableness
Violation of Local Law 1 does not result in absolute liability. Whether a landlord satisfied its duty to remedy a hazardous lead condition is governed by a standard of reasonableness.
In plain terms for parents: proving a Local Law 1 violation is not the same as an automatic win. Notice, the landlord’s response, and the rest of the negligence case still matter. For how notice and negligence work in a lead claim against a landlord, see the firm’s page on landlord liability.
Juarez-era Local Law 1 vs today
Juarez applied the earlier Local Law 1, not Local Law 1 of 2004. Housing obligations today are governed principally by Local Law 1 of 2004 — see the firm’s Local Law 1 guide for the current rules.
What this means for parents
Keep records of who lived in the unit and when a young child was there; photos of peeling paint and dust; Health Department papers; and any word from the landlord about lead or repairs. Deadlines can turn on who owned or ran the building — for City, NYCHA, and school notice rules, see time limits. Some of those deadlines are short.
For the firm’s summary of major New York lead decisions, including Juarez and later appellate rulings, see landmark cases. J.A. v. Mandy Associates, a 2025 First Department decision, addresses a different question: whether lead exposure caused the child’s claimed injuries.
Talk with the firm
Call The Frankel Law Firm at (212) 888-5100. There is no fee to speak with us or for us to evaluate your potential case. Prior results do not guarantee a similar outcome.
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