The History of New York Lead Paint Poisoning Law

Lead paint was sold and used in this country forNew York's Court of Appeals declared that under LL
much of the twentieth century. Although New York1, landlords had a duty to make certain that dwellings
was one of the first cities to legally ban the sale ofwith young children were free of lead hazards.
lead paint in 1960, a total nationwide ban did notNew York Lead Paint Poisoning Laws Goes against
happen till 1978. Today, even though the use of isPublic Interest
virtually nonexistent because of New York poisoningIn 1999, New York lead paint poisoning laws took a
laws, buildings and houses built before 1960 stillhuge step back when City Council, under the
perpetuate the threat of lead paint poisoning. Theleadership of Speaker Peter Vallone, rolled back the
1990 Census showed that New York City has thelead poisoning laws by enacting Local Law 38 of 1999
countries greatest percentage of pre-1960 residential(LL 38) despite the objections of leading public health
housing. The City estimates that almost two millionexperts, doctors, tenant organizations, disability,
units of housing have lead based paint, roughly 50%education, environmental groups, racial justice
of which are occupied by people of low or moderateorganizations, and labor unions. Among other things,
income; about 323,000 apartments with lead paint areLL 38 shifted much of the burden of detecting and
occupied by families with young children, and amongresponding to lead hazards from landlords to tenants,
that number, some 174,000 are occupied by loweliminated lead dust from regulatory control,
income residents.considerably scaled back the safety measures and
New York Poisoning Law: The Strongest in thetraining required during lead removal work, extended
Countrythe time frames for enforcement to as long as six
Until 1982, the City could order the removal of leadmonths, and sought to curtail children's rights to civil
paint only after a child was poisoned. However, sinceremedies once poisoned.
lead poisoning is a permanent injury, waiting until aNew York Lead Paint Poisoning Laws in the New
child was poisoned was too late. Therefore, in 1982Millennium
the City enacted Local Law 1 (LL 1), a New York leadAs a response to LL 38, NYCCELP, NYPIRG (New
paint poisoning law which required landlords toYork Public Interest Research Group) and other
immediately remove lead paint in any residentialorganizations brought a suit (NYCCELP v. Vallone)
structure where a young child lived, before the childwhich claimed that the City Council violated state law
was poisoned.by enacting LL 38 without proper environmental
At the time, LL 1 was one of the strongest leadreview. The state Supreme Court agreed and in
poisoning prevention laws in the country. The rate ofOctober of 2000 declared LL 38 null and void and
lead poisoning in New York City was decreasing morereinstated LL1; on appeal by the City the Appellate
rapidly than any other US city. However, the CityDivision reversed the trial court and the parties are
never fully enforced LL 1, and many lead paintcurrently seeking permission to appeal to the New
hazards still remain. Because of this, as many asYork State Court of Appeals, the state's highest
30,000 children a year are estimated to havecourt.
dangerously high levels of lead in their blood.Meanwhile, the Childhood Lead Poisoning Prevention
In 1985, the New York City Coalition to End LeadAct (Intro 101) has been introduced in the Council.
Poisoning (NYCCELP) brought a class action againstThe bill has 31 sponsors and has been referred to the
the City which brought about several court ordersHousing and Buildings Committee. No hearing has been
obligating the City to strictly enforce LL 1. In 1996,scheduled for the bill thus far.