What Are My Rights If My Child Has Lead Poisoning From Our Rental?

Question from Sean, What Are My Rights If My Child Has Lead Poisoning From Our Rental?

Answer from AI:

If you’re facing eviction in New York City and your child has been diagnosed with lead poisoning potentially due to conditions in your rental unit, it’s crucial to understand your rights and the steps you can take. Lead poisoning is a serious issue, especially in children, as it can lead to developmental problems and other health issues. New York City has specific laws and regulations aimed at preventing lead poisoning and protecting tenants’ rights, especially in situations involving children.

Understanding Lead Poisoning and Tenant Rights

Lead poisoning in children is often caused by exposure to lead-based paint, which was commonly used in homes before it was banned in 1978. In New York City, landlords are required to identify and remediate lead-based paint hazards in apartments where children under six years old live.

Here are some steps you can take if you’re in this situation:

1. Document Everything: Keep detailed records of your child’s medical diagnosis, any communication with your landlord about the lead issue, and the city’s involvement in remediating the lead hazards.
2. Know Your Rights: Familiarize yourself with local laws regarding lead poisoning prevention and tenant protections. The New York City Health Code and the Housing Maintenance Code are particularly relevant. These laws require landlords to remove or cover lead paint in apartments where young children live and take other precautions to prevent lead poisoning.
3. Seek Legal Advice: Consider consulting with a lawyer who specializes in tenant rights or lead poisoning cases. They can provide guidance specific to your situation and help you understand your legal options.
4. Contact Local Agencies: Report the issue to local health and housing departments if you haven’t already. The New York City Department of Health and Mental Hygiene (DOHMH) can provide resources and support for families affected by lead poisoning.

Eviction Concerns

Being evicted because you have no lease and your child has lead poisoning adds another layer of complexity to your situation. In New York City, tenants without a formal lease still have rights, including the right to a formal eviction process.

• Eviction Process: Your landlord must provide you with a notice to vacate and then file an eviction lawsuit in court. You have the right to contest the eviction in court, where you can also raise the issue of lead poisoning as a defense.
• Seek Legal Representation: It’s highly recommended to have legal representation during the eviction process, especially given the health issues involved. Free or low-cost legal services may be available through local legal aid organizations.

Additional Resources

For more information and support, consider the following resources:

• The NYC Department of Health and Mental Hygiene’s Lead Poisoning Prevention Program offers guidance on preventing lead exposure and support for affected families.
• New York City Housing Court provides information on the eviction process and resources for tenants facing eviction.

Remember: This information is intended to provide a general overview and should not be considered legal advice. Each situation is unique, and laws and regulations can change. Consulting with a legal professional is the best way to ensure your rights are protected and to receive advice tailored to your specific circumstances.