Understanding Lead Audit Violations and Their Consequences in New York City

As a law firm that regularly defends landlords in toxic tort cases in New York courts, we are well aware of the stringent requirements on building owners when it comes to lead paint. While our firm’s focus involves representation on legal claims and civil litigation, we know that landlords face challenges from every corner, including the regulatory and administrative claims from the Department of Housing Preservation and Development.

For the benefit of building owners, we provide below an informative look to educate property owners about HPD lead audits, including the implications and consequences of being found in violation of specific orders. If you find yourself facing a lead paint lawsuit or other toxic tort litigation as a building owner in NYC, contact the Law Offices of Richard A. Fogel, P.C. to speak with an experienced New York toxic tort defense lawyer.

What Is a Lead Audit?

A lead audit is a critical examination conducted by the New York City Department of Housing Preservation and Development (HPD) to ensure compliance with lead-based paint regulations. These regulations are intended for maintaining safe living environments, particularly in older buildings where lead paint was commonly used. Violations can occur when property owners fail to meet the standards set by the HPD, leading to potential health risks and legal consequences.

Consequences of Lead Audit Violations

Lead audit violations carry significant penalties and may be used to bolster personal injury liability claims arising out of lead paint. Failing to adhere to the HPD regulations can result in substantial civil penalties imposed by the Housing Court. These penalties vary based on the severity and classification of the violation. Some specific orders and their penalties include:

• Orders #614, 616, and 617: These orders involve a penalty of $250 per day for each violation, up to a maximum of $10,000.

• Order #618: This order carries a maximum penalty of $1,000.

• Order #619: Violations under this order can result in a maximum penalty of $1,500 per violation. Additionally, there’s a criminal aspect where one could face a misdemeanor charge, punishable by a fine of up to $500 or imprisonment for up to six months, or both.

• Order #620: This order stipulates a penalty ranging from a minimum of $1,000 to a maximum of $5,000 per violation.

These penalties are reflective of the city’s commitment to ensuring safe living conditions and the seriousness with which it treats violations related to lead-based paint hazards.

Addressing and Preventing Violations

Property owners are advised to take proactive measures to prevent such violations. This includes regular inspections, adhering to safety protocols during renovations, and promptly addressing any identified lead-based paint hazards. If a violation is received, it is crucial to correct the condition and certify the correction to HPD within the specified time frame to avoid further penalties.

Understanding the implications of lead audit violations and the specific penalties associated with specific Orders is crucial for property owners in New York City. Taking preventative measures and being proactive when faced with violations can help in effectively managing the situation and ensuring compliance with the law​​​​.

If you are a New York City landlord facing a lawsuit related to lead paint, mold or similar issues, call the Law Offices of Richard A. Fogel at 516-721-7161 for advice and representation from an experienced New York toxic tort defense attorney.