HPD REACHES $82,500 AGREEMENT TO SETTLE LEAD-PAINT VIOLATIONS WITH MAJOR LANDLORD
Owner Agreed to Correct Lead-Based Paint Violations Across Six Buildings in Brooklyn, Impacting 285 Homes
In Fiscal Year 2022, HPD Issued More Than 15,000 Lead-Based Paint Hazard Violations and Spent Almost $2 million on Emergency Repairs to Keep Children Safe from Lead Paint.
NEW YORK – The New York City Department of Housing Preservation and Development (HPD) has reached a settlement agreement with a major landlord to correct over 80 lead-based paint violations across 6 Brooklyn buildings impacting 285 homes. Months of litigation resulted in $82,500 in civil penalties and a consent order to correct violations under Local Law 1 of 2004 (LL1), New York City’s Childhood Lead Poisoning Prevention Act.
Under the order, the owner, Jason Korn, must correct all outstanding violations in five buildings, including the class “C” lead-based paint violations, within 90 days of the signing of the Orders. In addition, one building, sold by Mr. Korn during the litigation, must have violations corrected by the new owner.
“Homes where young children are living must be lead-free. That’s the standard we’ve set as a City to protect our children from the serious health threats posed by peeling lead paint,” said HPD Commissioner Adolfo Carrión Jr. “If tenants and landlords are struggling to maintain their properties, assistance can be provided. Still, landlords should know that HPD will use the full weight of its enforcement powers to keep our children in safe housing.”
“In New York City more children are living in safer homes because of the important enforcement work that Housing Preservation and Development (HPD) does every day,” said Health Commissioner Dr. Ashwin Vasan. “These results are possible due to cross agency collaboration. The Health Department conducts home investigations once elevated blood lead levels have been detected, while HPD ensures that building owners who do not maintain suitable living conditions for their tenants are held accountable. Once again this shows that health is everyone’s business, and that this administration is committed to de-siloing government.”
The six buildings subject to the settlement include:
- 1690 President Street, Brooklyn, NY
- 410 Westminster Road, Brooklyn, NY
- 1909 Quentin Road, Brooklyn, NY
- 1435 Carrol Street, Brooklyn NY
- 1439 Ocean Avenue, Brooklyn, NY
- 1921 Avenue I, Brooklyn, NY
Most violations cited in the settlement were issued for the failure to maintain records and to conduct proactive activities related to the identification and/or remediation of lead-based hazards.
The settlement follows previous agreements reached in 2021 with two major landlords regarding residential buildings in Bronx, Brooklyn and Queens. The agreements obtained more than $200,000 in civil penalties and orders to correct lead-based paint violations across nearly 1,000 homes. Since the settlements, the owners have submitted documents in compliance with legal recordkeeping requirements. Additionally, the agency is monitoring the progress on court orders for more than two dozen properties for LL1 compliance and can seek additional penalties in court if the violations are not corrected on time.
HPD continues to partner with the Office of Attorney General and New York City Law Department to supplement its LL1 litigation efforts to bring major landlords into compliance. Children exposed to lead may face harmful and irreversible long-term effects, including brain and nervous system damage, reduced educational attainment, and delays in hearing and speech. Young children are at the greatest risk for exposure due to hand-to-mouth activity and the lead absorption ability of their rapidly growing bodies. Therefore, preventing exposure before it occurs and reducing future exposures are the only effective ways to protect children from the health dangers of lead.
To learn more about landlord and tenant requirements under LL1 and how to protect your family from lead exposure, call 311 or visit the City’s Lead Free NYC page.
Local Law 1 Requirements
HPD’s Office of Enforcement and Neighborhood Services rigorously enforces LL1, which requires that rental property owners take proactive steps to protect children from lead-based paint exposure. Requirements for tenant-occupied rental properties built before 1960 include:
- Annually determining apartments where a child under 6 resides (“resides” means to routinely spends 10 hours or more hours a week in the unit)
- Inspecting those units and the common areas of those buildings for peeling or deteriorated paint
- Remediating peeling or deteriorated paint in those units and common areas using safe work practices and certified contractors
- Remediating peeling or deteriorated paint and ensuring window and door friction surfaces are free of lead-based paint in all units at unit turnover, regardless of if a child under six will reside in the home
- Testing for lead-based paint in all rental units by August 2025, or sooner if a child under 6 comes to reside
- Maintaining detailed records of all required activities for at least ten years
In Fiscal Year 2022, HPD issued more than 15,000 lead-based paint hazard violations and spent almost $2 million in emergency repairs to keep children safe from lead-based paint.
Property owners can learn more about all required inspections and investigations, record-keeping requirements, how to address surfaces with lead-based paint or paint of unknown lead content, and how to address HPD-issued lead-based paint hazard violations on HPD’s lead-based paint webpage at nyc.gov/lead-based-paint.
The New York City Department of Housing Preservation and Development (HPD) is the nation’s largest municipal housing preservation and development agency. Its mission is to promote quality housing and diverse, thriving neighborhoods for New Yorkers through loan and development programs for new affordable housing, preservation of the affordability of the existing housing stock, enforcement of housing quality standards, and educational programs for tenants and building owners. For full details, visit nyc.gov/hpd and for regular updates on HPD news and services, connect with us on Facebook, Twitter, and Instagram @NYCHousing.
Banner Image: Peeling paint. Image Credit – Hal Gatewood