1960: New York City becomes the first municipality in the country to
ban sale of lead paint. Nationwide restrictions on the manufacture and use of
lead-based paint did not come into effect until 1978.1982: Local Law 1 of 1982 - New York City's first lead paint prevention
law. Required owners of multiple dwellings, in which a child or children six
years of age and under reside, to remove, cover or abate any paint or similar
surface coating material containing .07 milligrams of lead per sq. centimeter
or greater. Additionally, abatement is required of any content of more than
.05 percent of metallic lead-based paint on any surface on the interior walls,
ceilings, doors, window sills, or moldings in any dwelling unit where young
children reside. Owner is subject to penalties and code enforcement procedures.
1985: The New York City Coalition to End Lead Poisoning Inc. (NYCCELP)
files a lawsuit to compel New York City to enforce the provisions of Local Law
1. Lawsuit continues for more than a decade, and New York City fights off contempt
orders and fines for failure to enforce and perform lead paint abatement rules
and obligations.1996: New York State Court of Appeals rules on July 1st in case of
Juarez v. Wavecrest Management, establishing that New York City landlords were
obligated to abate lead paint hazards in dwellings where there are small children - and
could not reasonably claim ignorance of the law as an excuse.
1999: Local Law 38 of 1999: Revised lead paint law introduced by the
City Council to replace Local Law 1. Local Law 38 presumes that all dwellings
constructed before 1960 contain lead-based paint. The law prohibits dry scraping
or sanding in any dwelling unit; requires building owners to apply safety precautions
when preparing all vacant units; requires owners to provide tenants with lead
safety pamphlet and questionnaire form inquiring if any children under six live
in the apartment; requires owners to continue to inquire about resident children
every January; requires owners to annually inspect apartments in which families
with children under six live; requires specialized work practices for painting
such apartments and for correcting "presumed" lead violations.2001: New York State Court of Appeals decision in the case of Chapman
v. Silber, Albany, N.Y. November 15th ruling extends Juarez decision that landlords
are obligated to repair or abate lead paint hazards on a statewide basis - regardless
of whether the township or municipality has a local law with such an obligation - declaring
that ignorance about the dangers of lead paint is not an excuse to preclude
liability.
2001: On February 21st New York State Supreme Court, 1st Department,
issues judgment annulling Local Law 38, citing absence of environmental impact
study to address differences with Local Law 1, including the removal of lead
dust from definition of a lead paint hazard. Appeal filed to Appellate Court
Division.2002: In March a majority of City Council members propose the New York
City Childhood Lead Poisoning Prevention Act of 2002. If implemented, new law
would impose tougher standards for landlord inspections, recognize lead dust
as a hazardous substance, require that peeling lead paint be removed from public
schools and day care facilities, require that lead-painted playground equipment
be entirely removed, and require that trained workers in full compliance with
federal safety guidelines perform all labor involving lead paint remediation
and removal. Additionally, dust clearance tests would be required as part of
an owners' certificate of correction of a violation. Inspections would examine
underlying causes of deteriorated, peeling paint or evidence of friction or
chipping, and require owners to correct those conditions.
2002: Decision March 26th by Associate Justice John T. Buckley, New
York State Supreme Court, Appellate Division, reinstating Local Law 38 and affirming
that monitoring and containment rather than total removal and abatement of lead
paint is environmentally sound.2003: Decision July 1st by state Court of Appeals invalidating Local
Law 38 and leaving previous less-stringent Local Law 1 in effect. City Council
forced to take action to redraft new legislation.
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