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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003)

Citation
Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003)
Parent Document
Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003)
Jurisdiction
New York (state)
Effective Date
2003-07-03

Full Text

1,053 chars
Respondent’s fifth counterclaim argues that petitioner had a duty to disclose to the respondent prior to the execution of a lease whether it had any knowledge of lead-based paint hazards in the apartment pursuant to 24 CFR 35.88 (a). Pursuant to the Lead Paint Act (42 USC § 4821), United States Department of Housing and Urban Development (HUD) promulgated regulations that prohibit the use of and presence of lead-based paint, namely, 24 CFR part 35. The latter lists *829the disclosure requirements imposed on sellers and lessors which loosely include providing prospective buyers/lessees with an Environmental Protection Agency (EPA) approved lead hazard information pamphlet, a lead warning statement, and a statement disclosing any known lead-based paint or lead hazard. (24 CFR 35.88 [a].) Respondent contends that petitioner’s failure to disclose this information rises to a breach of the parties’ rental agreement and has interfered with her quiet enjoyment of the apartment in that she has been displaced from the apartment for several months.