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Lead paint in NYCHA housing
If your child’s blood test found lead and your family lives in NYCHA housing, keep your child away from peeling paint, photograph it before any repair, and ask NYCHA to fix it. Then call The Frankel Law Firm. We have helped victims of lead poisoning and serious personal injuries for more than 40 years, and there is no fee to speak to us or for us to evaluate your potential case.
What to do this week
NYCHA, the New York City Housing Authority, is not a private landlord, so some steps are different. Talk to your child’s doctor and keep every blood test result. For questions about timing, read our Time limits page or ask The Frankel Law Firm when you call.
Tell NYCHA in writing that a child under six lives there or routinely spends 10 or more hours a week there, and keep a copy. You can do this anytime through NYCHA’s Self-Service Portal. Photograph window sills, door frames, and any peeling paint — do not scrape it. Report the peeling paint to the NYCHA Customer Contact Center at 718-707-7771 or through MyNYCHA, and write down the ticket number. You can also call 311. When you call The Frankel Law Firm, tell us the apartment is in NYCHA housing.
If inspectors or workers come, write down names and ask for copies of any violation or dust result. Keep your child out of the work area until NYCHA’s letter says it is safe to go back in. A household vacuum after work is not proper lead cleanup. See how XRF and dust-wipe tests work. Keep every letter from NYCHA or your property management office and every repair ticket number; we will tell you what to bring.
Why NYCHA cases differ
NYCHA is a public housing authority, not a private landlord. New York City’s lead paint law, Local Law 1, still applies to NYCHA apartments, but a claim against NYCHA follows a different legal path. For how private-landlord responsibility works, see landlord liability.
NYCHA apartments are covered by federal lead-safety rules as well as New York City lead protections. Since 2019, NYCHA has been bound by an agreement with the U.S. Department of Housing and Urban Development (HUD) and the U.S. Attorney’s Office in Manhattan. The agreement sets specific lead-paint requirements, and a federal monitor reports on whether NYCHA is meeting them. That background can matter to how repairs and inspections are handled; it does not decide any one family’s case.
Before a lawsuit against NYCHA, New York law generally requires a Notice of Claim served on the Authority. Deadlines and late-notice rules are explained on our time limits page. Reporting peeling paint to the Customer Contact Center, MyNYCHA, or 311 is important for repairs, but it is not the same as serving a Notice of Claim.
Department of Health inspections and what to keep
When a child’s blood lead level is high enough, the New York City Health Department investigates the child’s home and may also check other places where the child spends time. If inspectors find lead paint hazards, the Department orders the owner (for a NYCHA apartment, that is NYCHA) to fix them using lead-safe methods. That written order may be called an Order to Abate or an Order to Remediate. Ask for copies of any inspection report, XRF reading, dust-wipe result, and written order. Keep NYCHA repair tickets and letters alongside those Health Department papers.
Our testing and XRF page explains how those tests work. For a deeper look at how a final Department of Health lead determination can interact with later housing litigation — including collateral estoppel in housing and health law — see the firm’s collateral estoppel case study.
Call The Frankel Law Firm if inspectors have been to your apartment or you have received Health Department papers. Bring what you have; we will tell you what matters.
Questions about a NYCHA case
Whether your family has a case involving NYCHA depends on facts we would need to review with you. Ask The Frankel Law Firm about legal notice; see also time limits. Our What to do now page has the full checklist after a blood test.
Reported decisions such as Perez v. New York City Housing Authority, 304 A.D.2d 736, address how Department of Health lead findings can affect later litigation. For a short note on what that decision held — and did not, see the firm’s Perez holdings page. Whether any one child’s claim succeeds depends on the facts. Call The Frankel Law Firm. Prior results do not guarantee a similar outcome.
There is no fee to speak to us or for us to evaluate your potential case. You can also read about working with a lead poisoning lawyer at The Frankel Law Firm.
NYCHA lead paint FAQs
Is a Notice of Claim required in a NYCHA case?
Before a lawsuit against NYCHA, New York law generally requires a Notice of Claim served on the Authority. Ask The Frankel Law Firm about the deadlines that apply to your family, and see our time limits page.
Does reporting peeling paint to NYCHA count as legal notice?
No. Reporting a condition to NYCHA management, the Customer Contact Center, MyNYCHA, or 311 is not the same as serving a Notice of Claim. Keep your ticket numbers, and call The Frankel Law Firm about legal notice.
Should I tell NYCHA that a young child lives in the apartment?
Yes. Tell NYCHA in writing that a child under six lives there or routinely spends 10 or more hours a week there, and keep a copy. You can do this through NYCHA’s Self-Service Portal.
What should I keep for Department of Health or XRF testing?
Keep blood-test results, Health Department letters and orders, any XRF or dust-wipe reports, photographs of peeling paint, and every NYCHA repair ticket or letter. See testing and XRF for how those tests work.
When should I call The Frankel Law Firm?
Call when a child’s blood test shows lead and the home is NYCHA housing — or as soon as you see peeling paint and want guidance on what to photograph, report, and keep. There is no fee to speak to us or for us to evaluate your potential case. Call The Frankel Law Firm at (212) 888-5100.
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.