Lead paint in residential housing has been a pervasive problem for decades, particularly in New York. James says at this point, there is no evidence of children being sick. Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. Whether it be our local executive order that withholds rent payments to landlords knowingly exposing their tenants to lead or investing millions of dollars in lead remediation just in 2022, Onondaga County is fully committed truly solving the lead issue plaguing our community, said Onondaga County Executive Ryan McMahon. Vouchers such as FHEPS, CityFEHPS, and HRA subsidies are provided to New Yorkers with the intention of keeping them out of homeless shelters. endstream endobj 3119 0 obj <>/AcroForm 3137 0 R/Lang( E N - U S)/MarkInfo<>/Metadata 219 0 R/OCProperties<>/Outlines 289 0 R/OutputIntents 3115 0 R/PageLayout/OneColumn/Pages 3099 0 R/StructTreeRoot 326 0 R/Type/Catalog>> endobj 3120 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 3121 0 obj <>stream 15 Cheap and Underrated Ideas For Spring Break in NYC, Gears to Grind: The State of Biking in NYC, Fort Greene Neighborhood Guide: The Chill and Family Friendly Neighborhood. All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. We acknowledge the hard work of the attorney generals legal team to bring this case to a swift and successful conclusion. 3145 0 obj <>stream In New York City it has been found in 43 percent of all dwellings. She's passionate about the future of work and helping Latin American freelancers achieve time, location, and financial freedom. She believes she was discriminated against by a broker at Chestnut Holdings. The lawsuit, filed in February 2020, alleged that Chestnut Holdings put the health of its tenants, primarily children, at risk by repeatedly violating New York Citys lead poisoning prevention laws, which require landlords to take critical measures to prevent children under 6 years old from being exposed to paint with dangerously high levels of lead. View Case; Cited Cases; ALEJANDRO HUGGINS, on behalf of himself and others similarly situated, Plaintiffs, v. forms until after the February 18 deadline had passed, and (2) did not receive any text message notice about this lawsuit, Decl. agreement resolving her lawsuit against landlord John Kiggins and his company, Endzone Properties, Inc., for failing to protect children from lead paint hazards in Syracuse. Residents of the Bronx took part in Claremont Park Day as Chestnut Holdings partnered with The Bronx is Blooming and The NYC Department of Parks and Recreation to engage the community through environmental stewardship and educational activities. Children who have been exposed during critical stages of early development to even very low levels of lead are at risk for neurological and physical problems. Throughout Plaintiffs employment, Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). Se habla espaol These include annual inspections and ensuring that an apartment is code compliant when a tenant moves into their new home. The Judge overseeing this case is John Preston Bailey. In February 2020, Attorney General James filed a lawsuit against Chestnut Holdings of New York, Inc., a property management corporation, for failing to comply with provisions of New York Citys lead poisoning prevention law. The futures of our children are at stake., As a pediatrician, when I see kids with lead poisoning its usually too late to prevent the worst effects on their developing brains, which is why people in public health have worked so hard to prevent lead exposure over the years,said Dr. Travis Hobart, MD, MPH, FAAP, medical director, Central/Eastern New York Lead Poisoning Resource Center. Buffalos residents deserve to live in homes that are safe, secure and stable, especially when so many of us have been forced to spend a greater period of time in our homes as a result of the COVID-19 global health pandemic. Understanding Recent Changes to New Yorks Gun Laws, AG James Takes Action to Protect Tenants from Lead Poisoning, Files Lawsuit Against Bronx-based Property Management Corp for Violations of NYC Childhood Lead Poisoning Prevention Act. Back in 2018, a woman sued Chestnut Holdings for failing to accept her Section 8 housing voucher. Lead poisoning in Onondaga County occurs predominantly within Syracuse, and disproportionately harms low-income communities and communities of color. The residents in Broadway-Fillmore, and throughout the entire city, have been held hostage for decades by slumlords who have left housing stock uninhabitable and detrimental to the health, safety, and sustainability of our neighborhoods. But, far too many New York City landlords continue to ignore their obligations under the law and expose our children to wholly-preventable lead-based paint hazards. The OAGs investigation into Chestnut began in 2018 and determined that the company engaged in repeated violations of the Childhood Lead Poisoning Prevention Act, including failing to inspect apartments to determine if a child under 6 years of age lives there, failing to conduct complete annual investigations of apartments for hazards that are conducive to lead poisoning, and failing to take the necessary measures when an apartment turns over. The landlord also falsely certified in new leases that it had complied with the New York City Childhood Lead Poisoning Prevention Act, the complaint alleged. Loading Quotes This is the second time the property management company is being sued for housing discrimination. Our children deserve to live in safe and healthy homes, not dangerous and poisonous ones. On 04/29/2020 Avery, Mary filed a Property - Other Property lawsuit against 1560 GC LLC Chestnut Holdings of New York, Inc Wiener, Jonathan Rieder, Ben Department of Buildings Department of Housing Preservation and Development.This case was filed in Bronx County Courts, Bronx County Civil Court located in Washington, New Plaintiff Huggins regularly worked as many as seven days and well over 40 hours each week, including the requirement that he be on call 24 hours a day, seven days a week to deal with any issues in the residential multifamily properties that the Defendants owned. A copy of this disclaimer can also be found on our Disclaimer page. The vast majority of older, painted buildings contain some paint with lead levels higher than these bans allow. 9 mins read Chestnut Holdings Will Pay $300,000 for OAG Programs to Protect Children From Lead Poisoning, Ensure All Apartments Are Fully Compliant With However, it is 2020 and we still have thousands of cases of New York City children that tested positive for lead poisoning, and it is children from low-income communities and communities of color, like those we represent in Northern Manhattan, that suffer the most. Determine in which of its apartments children under 6 live; Conduct an annual investigation for lead paint hazards in all of its apartments where children under 6 live; Resolve any and all lead paint hazards identified in these inspections within 90 days of the annual investigation; and. She writes SEO blogs for real estate, travel and hospitality companies. New York State has the highest percentage of buildings built before 1950 in the nation. CALL: 516-248-5550 The suit alleges that Chestnut Holdings has put the health of its tenants at risk by repeatedly violating the New York City Childhood Lead Poisoning Prevention Act, Our Church has had a great relationship with our landlord, Chestnut Holdings, for over fifteen years. This Google translation feature is provided for informational purposes only. Through the Mayors LeadFreeNYC initiative, we will continue to work with our partners on all levels of government to keep New Yorkers safe and drive lead exposure down to zero," said NYC Housing Preservation and Development (HPD) Commissioner Louise Carroll. What Is A Loft Apartment and Why Do I Need One? Bronx-based Chestnut, which has more than 6,000 units across 134 buildings, mostly in the Bronx, repeatedly failed to conduct annual inspections or remediate apartments where young children lived, even when it was asked to do so, according to court papers. In October 2000, partnerships comprising Lenfest and several other individuals involved in the Philadelphia real estate scene, along with a related entity New York City has a major child lead poisoning problem, with a rate of 11.2 per 1,000 children living in private housing having elevated blood lead levels., New York Citys landmark Childhood Lead Poisoning Prevention law is key to ending the enduring devastation of lead in our communities, saidMatthew Chachre, attorney, Northern Manhattan Improvement Corporation. However, the "Google Translate" option may assist you in reading it in other languages. announced an agreement in her lawsuit against Chestnut Holdings, a property management corporation, over its failures to protect children from lead paint hazards in New York City, reached a pre-suit agreement with A&E Holdings to ensure that children living in its New York City apartments are protected from dangerous lead-based paint, Attorney General James sued a group of Buffalo individuals and companies for repeated violations of city, county, state, and federal laws by illegally allowing lead paint-related hazards to accumulate in their rental properties. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. Every New Yorker especially children living in our most disadvantaged communities has a right to live a healthy life without the threat of lead paint poisoning, said Attorney General James. This agreement with Endzone Properties is proof of that collaboration, and I thank the attorney general and her team for their partnership in this effort., The message is clear: Landlords who repeatedly put children and families at risk of lead poisoning are not welcome in the City of Syracuse. Any future violation of the law by Chestnut Holdings will violate the agreement and subject the company to possible legal action by the OAG. This Google translation feature is provided for informational purposes only. Morrison said she was devastated and humiliated by the experience. Lead paint has been found in approximately 43 percent of all of New York dwellings. WebChestnut Holdings is a family-owned real estate investment and management firm with a strong track record as an owner-manager of properties throughout New York City. It's the first-ever lawsuit filed by the Office of the Attorney General for failing to comply with the lead poisoning prevention law. They failed to ensure that my constituents and New Yorkers across the city were living in homes that were free of lead paint and, in doing so, put hundreds, if not thousands, of families at risk of lead poisoning. In fact, lead paint has been found in approximately 43 percent of all of New Yorks dwellings. Opp'n Ex. In the lawsuit, the Office of the Attorney General (OAG) identifies six specific Dalfin properties that serve as examples of the egregious and illegal lead hazard management practices used by the landlords and the poisoning of children in those properties. The agreement also requires Kiggins and Endzone to pay $215,000 that will be used to prevent the exposure of children to lead paint within the City of Syracuse or Onondaga County, and/or to provide assistance to the families affected by lead poisoning. Attorney General James also thanks the City of New York and New York state's Homes and Community Renewal for their assistance with data collection during this investigation. 18 Civ. NEW YORK New York Attorney General Letitia James today announced an agreement in her lawsuit against Chestnut Holdings of New York, Inc. (Chestnut Holdings), a property management corporation, over its failures to protect children from lead paint hazards in New York City. 516- ABOGADO (226-4236) A 2017 Reuters investigation revealed that several zip codes in the city of Buffalo were some of the most saturated lead-burdened communities in the country, which is why I cosponsor Dakota's Law in the State Senate. In addition, since 2013, at least 63 of these houses have been cited by county and city inspectors for housing code violations, either for conditions conducive to lead poisoning, which are prohibited by the Erie County Sanitary Code, or for chipping, peeling, or deteriorating paint, which is prohibited by both the county and city. Additionally, children from households living at or below the federal poverty line are at a greater risk of exposure to lead than children from households above the federal poverty line. This matter is being handled by Attorney General James Environmental Protection Bureau by Assistant Attorney General Abigail Katowitz, Special Counsel of the Health Care Bureau Sara Haviva Mark, and Chief Scientist Jodi Feld, under the supervision of Deputy Bureau Chief Monica Wagner. I commend Attorney General Letitia James for filing suit against landlords who have so flagrantly ignored the laws we have put in place to protect our children. NEW YORK New York Attorney General Letitia James today announced a lawsuit against Chestnut Holdings of New York, Inc., a property management Children under 6 years of age are more likely to be exposed to lead than any other age group, as their normal behaviors could result in them chewing lead paint chips; breathing in or swallowing dust from old lead paint that gets on floors, window sills, and hands; and can be found in soil, toys, and other consumer products. Inspect for and remediate any and all lead paint hazards when tenants vacate apartments. I applaud Attorney General James for taking swift action to hold landlords and management companies accountable that put their tenants at risk. It is wrong and unacceptable. Chestnut Holdings is a family-owned real estate investment and management firm of properties throughout New York City. Im thankful to the Office of the Attorney General for using its power to protect some of the most vulnerable children in our community, and I look forward to continuing to work with all of our partners to address this important issue., We thank Attorney General Letitia James for pursuing this important case, said Paul Ciavarri, community organizer, Legal Services of Central New York. 2 3-4, According to a 2018 study, the city of Buffalo suffers from some of the highest rates of childhood lead exposure in the nation from poor housing conditions in old homes with lead paint. Data from the Centers for Disease Control and Prevention (CDC) show that in 2017, 715 children in Erie County under six years of age tested with blood lead levels between 5 and 9 g/dL, and 415 children tested with blood lead levels of 10 g/dL or higher. Last month, Mayor Bill de Blasio signed into law four bills targeting landlords to strengthen enforcement of lead-paint rules. Aaron Carr, whose tenant watchdog group Housing Rights Initiative is also suing Chestnut for deregulating apartments in buildings receiving tax benefits, said that James is proving to be the most proactive attorney general combatting unlawful real estate practices.. We will continue to pursue enforcement through our own litigation and with partners like the attorney general, who utilize the work of our inspectors and lead-based paint enforcement teams to identify and audit buildings where lead-based paint regulations are not followed. Chestnuts strong safety record speaks to its commitment to all of its tenants, its communities, and its neighbors, but most especially children.. 910 Franklin Avenue Suite 200 Garden City, NY 11530 Tel: 516-248-5550 Fax: 516-248-6027, 655 Third AvenueSuite 1821 New York, NY 10017 Tel: 212-679-5000 Fax: 212-679-5005, Copyright 2023 EmploymentLawyerNewYork.com |, Separation Agreements and Severance Packages, Marital Status Discrimination and Harassment, Sexual Discrimination and Harassment In The Workplace, Sexual Identity Discrimination and Harassment, Sexual Orientation Discrimination and Harassment, Civil Rights and Constitutional Law Claims, National Origin Discrimination and Harassment, Whistle Blower Protection and Retaliation, Worker Adjustment and Retraining Notification Act, Borrelli & Associates, PLLC Reviews on ProvenCredible. The lawsuit, filed in October 2021, alleged that Kiggins and Endzone endangered the health of its tenants, primarily children, by repeatedly violating lead paint The lawsuit, filed in October 2021, alleged that Kiggins and Endzone endangered the health of its tenants, primarily children, by repeatedly violating lead paint laws and failing to properly address related hazards. More than 90 percent of Syracuses housing stock was constructed prior to 1978. OPINION & ORDER. Our intention is to deepen our understanding and connection to nature and weave it into the daily life of our communitys residents. The Environmental Protection Bureau is a part of the Division for Social Justice, which is led by Chief Deputy Attorney General Meghan Faux and is under the oversight of First Deputy Attorney General Jennifer Levy. WebOn 06/13/2020 KOU, SHIN MING filed a Small Claim - Other Small Claim lawsuit against CHESTNUT HOLDINGS OF NEW YORK INC.This case was filed in Queens County Courts, Queens County Civil Court located in Washington, New York. Tens of thousands of rental properties in Buffalo that were constructed before 1978 contain lead paint which, if not properly maintained and managed, can cause lead poisoning. The State of New York, its officers, employees, and/or agents shall not be liable for damages or losses of any kind arising out of, or in connection with, the use or performance of such information, including but not limited to, damages or losses caused by reliance upon the accuracy of any such information, or damages incurred from the viewing, distributing, or copying of such materials. The agreement announced today requires Chestnut Holdings to comply with the Childhood Lead Poisoning Prevention Act, including bringing all apartments into compliance with the laws provisions that it was found to have violated during the OAGs investigation. I thank the attorney general for pursuing justice and reaching this settlement on behalf of tenants who have faced dangerous conditions as a result of Chestnut Holdings' negligence, and am glad to see that, as a result, more children and families can be protected against hazards in their homes., I applaud Attorney General Letitia James for having taken infamous Bronx-based landlord Chestnut Holding to task and reached a settlement agreement that will make them fully comply with our city's existing childhood lead poisoning prevention laws, said State Senator Gustavo Rivera. On February 6, 2018, Plaintiff Huggins filed a civil lawsuit in the United States District Court Southern District of New York against CHESTNUT HOLDINGS OF NEW The rate of lead poisoning in New York City is highest in children of color and those who live in low-income areas. Select a Language Below/Seleccione el Idioma Abajo. Attorney General James thanks HPD for its assistance in this and other related ongoing investigations. Todays announcement is welcome news and communicates a strong message of just how intolerable it is to promise the safety of a place to live only to deliver danger. Although New York banned the use of lead paint in 1970, with the federal government following suit in 1978, buildings constructed prior to 1978 often still have lead paint.