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Frequently asked questions — childhood lead poisoning
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. This page answers the questions parents ask most often after a child’s blood lead result — what to do in the home, what the law requires of landlords, and when to call. There is no fee to speak to us or for us to evaluate your potential case.
What should I do if my child’s blood lead level is elevated?
Call the child’s doctor about the result and the next blood test, keep the lab slip, and call this firm for a free consultation the same day if you can.
Do not scrape or sand paint while you wait. Tell the landlord in writing that a child under six lives in the apartment or routinely spends 10 or more hours a week there, and keep a copy. If paint is peeling or a repair is making dust, call 311 or file the complaint on the City’s 311 site and keep the complaint number. A longer checklist is on What to do now.
What are the symptoms of childhood lead poisoning, and why does a blood test matter?
Most children with lead in the blood do not look or feel sick — a blood lead test is the only way to know.
When symptoms appear, they can resemble an ordinary childhood illness: loss of appetite, irritability, stomach pain, fatigue, or weight loss. New York State requires a blood lead test at age 1 and again at age 2. How often to test a particular child after that is a question for the pediatrician. See also Children and lead.
What is the CDC blood lead reference value of 3.5 µg/dL?
The CDC blood-lead reference value used in our materials is 3.5 µg/dL — a reference value that identifies children with levels higher than most children’s, not a toxicity threshold and not a damages cutoff.
The CDC has identified no safe blood lead level in children. A venous result is a snapshot of that day; lead leaves the bloodstream over time, so a later lower number does not prove the level was never higher. More detail is on Blood lead levels.
Is my landlord responsible for lead paint under Local Law 1?
In New York City, covered landlords have duties under Local Law 1 of 2004 to identify and remediate lead-based paint hazards where a young child resides — and a landlord can be liable if the landlord knew or should have known of a hazardous condition and failed to fix it.
Local Law 1 became effective August 2, 2004. In older housing, paint is generally presumed to be lead-based unless it has been tested and cleared. Owners must inquire yearly whether a child under six resides — including a child who routinely spends 10 or more hours a week in the unit — then investigate, remediate with safe work practices, and keep records. Later City amendments, including Local Laws 31, 111, 122, and 123, added XRF testing, common-area duties, and occupied-unit friction-surface work on top of that framework. The Court of Appeals decision in Juarez set lasting notice and landlord-liability rules that still sit alongside the statute. Plain-English guides: Landlord responsibility and Local Law 1.
What should I do about peeling paint — call 311 or notify the landlord?
Do both: tell the landlord in writing, and call 311 (or file online) if paint is peeling, cracked, or loose, or if repair work is making dust that is not contained.
Keep the complaint number and a copy of any written notice. Outside the five boroughs, start with the child’s doctor and local health contacts.
Can I scrape or sand the paint myself?
No — do not dry-sand, scrape, or vacuum loose paint with an ordinary household vacuum, because disturbed paint creates dust that children can breathe or swallow.
Keep the child away from peeling or damaged paint. Wet-wipe chips and dust on floors, windowsills, hands, toys, and pacifiers. Do not stay in a room while someone is disturbing paint. Proper remediation uses certified workers and safe work practices; a landlord’s paint-over is not the same thing.
Can my landlord evict me if I sue over my child’s lead poisoning?
A lawsuit over a child’s lead poisoning is not typically a legal basis to evict a tenant who has a lease.
Leases, Housing Court matters, and NYCHA tenancies can differ — call before you assume either outcome. Bring the lease if you have one.
What if we live in NYCHA housing?
Call this firm the same day, report peeling paint to the NYCHA Customer Contact Center at 718-707-7771 or through MyNYCHA, and say that the building is NYCHA.
NYCHA is not a private landlord. Notice rules and time limits for a public housing authority are their own subject — do not try to count the days yourself. Also call 311 about peeling paint, keep the lab slip, and photograph window sills and door frames without scraping. More: NYCHA public housing.
What if my child was exposed in a school or day care?
Tell the school or center in writing, call 311 about chipping paint, keep the lab slip, and call this firm the same day if the building is a New York City school or a public program.
City law addresses peeling lead-based paint in day care facilities and in Department of Education kindergarten classrooms; District 75 and other specialized placements can raise additional facts. Claims against the City or a school district involve notice rules that private-landlord cases do not. High-level overview: Schools and day care.
What lead disclosures and turnover work was the landlord supposed to provide?
When you signed or renewed a lease, federal and City rules required the landlord to disclose known lead-based paint or hazards, give you the EPA pamphlet, and — in New York City — provide the annual child-inquiry notice and certify required turnover work.
Turnover work in covered pre-1960 housing includes remediating hazards and addressing door and window friction surfaces so lead dust is not ground into the apartment for the next family. Federal disclosure covers what the landlord knew; Local Law 1 adds annual notices, investigations, and turnover records. If you never received those papers, bring the lease when you call. Related: Local Law 1.
Is there a time limit — and what if the City or a school is involved?
Yes — deadlines differ for a private landlord, NYCHA, and the City or a school district, and a notice of claim may be required before you can sue a public entity, so call promptly rather than assuming you still have time.
How long you have depends on who owned the building, the child’s age, and when the injury was discovered. Do not try to count the days from a webpage. Bring the child’s age now, the age at the blood test, and whether the building is private, NYCHA, or a city school. Overview: Time limits.
Is there a fee to speak with you about a lead case?
There is no fee to speak to us or for us to evaluate your potential case.
A telephone call or online inquiry does not by itself create an attorney-client relationship. The firm represents a client only if it agrees to do so. Please call The Frankel Law Firm at (212) 888-5100.
Does immigration status stop me from calling 311 about lead paint?
No — immigration status does not block a housing complaint to 311.
You can report peeling, cracked, or loose paint, or unsafe repair work, without that status deciding whether the City will take the complaint. Call this firm as well; a housing complaint and a legal evaluation are separate steps.
Are adults at risk from lead paint the way young children are?
Young children face the greatest risk from lead-based paint dust because they put hands and toys in their mouths and because developing brains are especially vulnerable — but adults can also be harmed by lead exposure.
This firm’s lead practice focuses on childhood poisoning in housing. If an adult in the household has concerns, raise them with a doctor and mention them when you call so the facts can be sorted carefully.
How is an apartment tested for lead — what is XRF?
Paint is typically tested with an x-ray fluorescence (XRF) machine, or by laboratory analysis of paint chips; dust is tested separately with wipe samples sent to a lab.
An HPD inspection often XRF-tests peeling paint and may rely on the Local Law 1 presumption when the machine cannot be used. A clear reading on one sill does not clear the apartment of lead dust. After repairs, dust-wipe clearance is a different step. Write down who tested and who sent them. More: Testing and XRF.
What can a childhood lead poisoning case involve?
A case can involve medical care and monitoring, educational needs, and compensation for harm that depends on the child’s facts — not a number quoted before those facts are known.
What a recovery includes, if there is one, turns on the law, the evidence, and decisions by a court, a jury, or the other side. Past announcements live on the Lead poisoning lawyer hub. Prior results do not guarantee a similar outcome.
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Call The Frankel Law Firm. There is no fee to speak to us or for us to evaluate your potential case.
Call The Frankel Law Firm (212) 888-5100
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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.