All rights reserved. Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. Morrison said she was devastated and humiliated by the experience. Children under the age of 6 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, windowsills, and hands; and lead can be found in soil, toys, and other consumer products. 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. Lead poisoning is completely preventable, and the city has plenty of laws on the books but they are rarely enforced. We must prevent exposure to lead by taking bold and consistent steps to protect families., We thank New York Attorney General Letitia James for bringing this significant lawsuit," said Sonal Jessel, policy and advocacy coordinator, WE ACT for Environmental Justice. In 1960, New York City prohibited the sale of paint with high levels of lead for residential use, New York state imposed a state-wide ban in 1970, and the federal government banned lead in paint in 1978. Chestnut is a hands-on owner-manager that acquires, manages and improves multifamily properties throughout New York City. Additionally, Chestnut Holdings has repeatedly certified in new leases that it has complied with the Childhood Lead Poisoning Prevention Acts turnover requirements, even though it had not done so. Todays agreement, negotiated in partnership with Onondaga County and the City of Syracuse, permanently bans Kiggins and Endzone from managing or owning residential rental properties in the state of New York. Childrens lives and futures are a stake in this ongoing effort, and the actions we take today will help to safeguard our youth and punish those who would harm them., Families living in Buffalos older, distressed properties are disproportionately vulnerable to the serious health consequences of lead poisoning, said U.S. Representative Brian Higgins. Chestnut exceeds any reasonable standards in inspecting its units and trying to address all safety concerns, especially the presence of lead, a spokesperson for the landlord said. In the lawsuit, the Attorney General seeks injunctive relief requiring Chestnut Holdings to comply with the Childhood Lead Poisoning Prevention Act, including bringing all apartments into compliance with the Acts requirements, penalties for its repeated violations of the Act, and disgorgement of money it would have expended to comply with the Act. In the state of New York, its illegal for landlords to deny housing to voucher recipients. 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. Young children are more likely to be exposed to lead than any other age group. Attorney General James is continuing to pursue legal actions across New York to end the scourge of childhood lead poisoning by holding accountable landlords that allow lead paint-related hazards to proliferate in low-income rental properties. 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. This Google translation feature is provided for informational purposes only. This gallery provides a glimpse of the beautifully renovated complex in recent months during both the Fall and Winter seasons. In fact, no safe lead level in children has been identified. Understanding Recent Changes to New Yorks Gun Laws, Endzone Properties Barred from Owning or Managing RentalProperties in New York, Must Pay $215,0000, Landlord Failed to Maintain Lead-Safe Conditions in Rental Properties,Resulting in At Least 18 Children Poisoned With Lead. Legal Services NYC, a non-profit offering free civil legal services to low-income individuals, claims that Chestnut Holdings brokers denied housing to eight New Yorkers after these tenants revealed they would be paying their rent with vouchers. WebChestnut Holdings offers convenient online payment options and the ability to see your current account balance and activity online through ClickPay. A copy of this disclaimer can also be found on our Disclaimer page. 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). There is no excuse for landlords failing to abide by the law and protect the health of their tenants.. AkH5tKl#'FM|X0'UH^F+y{OBhiOio+O| l5r(>Vb[NX+Y,. 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, All New Yorkers in every city, village, and town across this state have a right to live in homes that dont make them sick, said Attorney General James. The group also consistently violated federal lead disclosure requirements by providing either no lead disclosure statement to tenants or false disclosures, which stated that the landowner had no reports of lead paint or lead paint hazards, when in fact there were multiple reports of lead paint and lead paint hazards regarding the residences. Last week, she reached a pre-suit agreement with A&E Holdings to ensure that children living in its NYC apartments are protected from dangerous lead-based paint. Chestnut fully complies with all lead laws and addresses any lead issues immediately. Last Updated on 12 months by Vivian Tejada, The best of the city, straight to your inbox, 8 New Yorkers Sue Chestnut Holdings for Housing Discrimination. The OAG will continue to work with them and other dedicated local partners to continue to make progress in combatting childhood lead poisoning in the region. I want to thank Attorney General Letitia James and her team for their ongoing commitment, consistency, swift action, and thorough investigation into this important issue., A key premise of the lead law in 2004 was to make it clear that landlords had the prime responsibility to make sure the apartments they rent do not have lead-based paint hazards, said Matthew Chachre, attorney, Northern Manhattan Improvement Corporation. The Environmental Protection Bureau is led by Lemuel M. Srolovic. Lindos case is similar to another one of the plaintiffs, who was living in a shelter at the time of their apartment search. 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 The New York Public Library also joined to encourage attendees to sign up and visit their local branches. This group of landlords and property managers put low-income Buffalo communities at extreme risk, and today we are holding them accountable. Chestnut is considering its options including a possible lawsuit for harassment and defamation. This is the second major action that Attorney General James has taken in the past week to hold landlords accountable for failing to comply with New York Citys lead paint laws. The event brought out close to 100 volunteers who enjoyed a great However, the "Google Translate" option may assist you in reading it in other languages. Recently, a lawsuit on behalf of eight housing voucher recipients was filed against Chestnut Holdings in the Manhattan Supreme Court. 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. Wb\M1uELF QPT20}7CL3p9e iS&JV?` 0 q If any individual is or has previously been an employee of the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. We believe there is a policy and practice of this management company to not rent to people who have housing vouchers, said Jean Fischman, who is representing the eight New Yorkers involved in the second case against Chestnut Holdings. Any future violation of the law by Chestnut Holdings will violate the agreement and subject the company to possible legal action by the OAG. The Bronx rental management company firmly denies the accusations, claiming they have hundreds of tenants currently paying for rent in vouchers. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 2485550, (516) ABOGADO, or (212) 6795000. 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, which requires property owners to take several critical measures to prevent children under six from being exposed to paint with dangerously high levels of lead. However, the "Google Translate" option may assist you in reading it in other languages. In October 2000, partnerships comprising Lenfest and several other individuals involved in the Philadelphia real estate scene, along with a related entity Lead-based paint was banned in 1960, but remediating the toxin has proved difficult in older buildings. The property management company is in charge of more than 6000 apartments located in 134 residential buildings across Manhattan, Brooklyn, and the Bronx. Endzone has sold all the properties it owned and all of the properties it once managed are now under new management. Additionally, in September 2020, 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. I thank Attorney General James for taking on one of the largest slumlords in Buffalo and holding them to account for their negligence., Recognizing that approximately 80 percent of Buffalos children with elevated blood lead levels live in rental singles and doubles, the Buffalo and Erie County Lead Safe Task Force has been linking arms with partners in the city, county and New York state to eradicate lead poisoning in many ways, said Cara Matteliano, senior director, Policy and Strategic Partnerships, Community Foundation for Greater Buffalo, convener of the Buffalo & Erie County Lead Safe Task Force. We uncover insider info about living in NYC and keep you updated on everything from tantalizing experiences and eats, to iconic stories and urban legends. 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. Back in 2018, a woman sued Chestnut Holdings for failing to accept her Section 8 housing voucher. 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 And we greatly appreciate the attorney generals willingness to pay attention to the call for action from local stakeholders, including Families for Lead Freedom Now, and to pursue a bright line against childhood lead poisoning in Syracuse.. A group of eight New Yorkers is suing a Bronx real estate company for allegedly refusing to accept housing vouchers as rent payment. Too many suffer from a lifetime of avoidable debilities here in New York City. I am proud to have the city be a partner in this suit with Attorney General James and our partners in the county, said Buffalo Mayor Byron Brown. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. All rights reserved. Chestnut Holdings has recently come under fire for allegedly turning away tenants with housing vouchers. What Is A Loft Apartment and Why Do I Need One? 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. Since 2017, OAG hasfound that the group violated the law in other ways, such as: The poisoning of children from lead paint in aging rental housing is an ongoing national public health crisis, but is of particular concern within New York, and especially the Buffalo region. and one of the advocates who helped write the current New York City lead law. ". Harvey Lindo, 68, is another plaintiff in the case against Chestnut. It is as immoral as it is illegal that a landlord would knowingly expose families to lead poisoning, which disproportionately threatens the health and development of Black and brown children, said Attorney General James. 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. The OAG began its investigation into Dalfin and the other individuals and entities in 2017, when upon a painstaking review of county and city violation histories, tax records, deed transfers, and corporate filings, the office identified the interrelated group of landlords and property managers with a record of repeated and persistent lead paint violations and childhood lead poisonings. WebNEW PALTZ, N.Y. Chestnut Petroleum Distributors Inc. (CPD) debuted a new logo and branding for its Chestnut Markets through a partnership with GSP. Here are Your Next Best Options. She writes SEO blogs for real estate, travel and hospitality companies. I want to thank Attorney General Letitia James for holding landlords accountable and ensuring all New Yorkers have access to safe, lead-free homes., Chestnut Holdings, which owns dozens of buildings in the Bronx, including at least seven in my own district, failed to uphold their obligations to provide safe and decent housing for their tenants, said State Assemblymember Jeffrey Dinowitz. BUFFALO New York Attorney General Letitia James, joined by Buffalo Mayor Byron Brown, today announced a lawsuit against a group of individuals and companies in the Buffalo region for repeatedly and persistently violating county, city, state, and federal laws by illegally allowing lead paint-related hazards to proliferate in their rental properties. 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. The Office of Attorney General's website is provided in English. Our Church has had a great relationship with our landlord, Chestnut Holdings, for over fifteen years. Revelations in 2018 that the New York City Housing Authority covered up exposure to lead which can damage childrens brains shocked the public and led to the appointment of a federal monitor. Audrey Strauss, Acting United States Attorney for the Southern District of New York, and Peter D. Lopez, Regional Administrator of the U.S. Environmental Protection Agency (EPA), announced today that the United States has entered into a Consent Decree settling a civil lawsuit against Chestnut Petroleum Distributors, Inc., and its affiliates 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. However, the "Google Translate" option may assist you in reading it in other languages. 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. Our management team has over 150 years of collective experience and a deep understanding of the real estate market. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. The Office of Attorney General's website is provided in English. Veritas $450M loan default: A sign of things to come? 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. Op. Visite 516abogado.com, Huggins v. Chestnut Holdings of New York, Inc.; 1425 U LLC; and Jonathan WienerCivil Action No. NEW YORK STATE ATTORNEY GENERAL. 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. The health code thus requires lead paint to be enclosed with a rigid surface, such as drywall. Attorney General James thanks Onondaga County and the City of Syracuse for their partnership in this matter. Loading Quotes Her and her husband were being evicted from their apartment after he fell off a scaffold and was no longer able to work his construction job. Any landlord or group that fails to address properties that contain these dangerous levels of lead need to be held accountable, and I commend the Attorney General for taking action., I have seen the impact of lead poisoning on members of my own family, and one of my proudest moments as a legislator was the creation of a pilot program to expand educational intervention services for children who suffer from lead poisoning, said Erie County Legislature Chair April N. M. Baskin. It's the first-ever lawsuit filed by the Office of the Attorney General for failing to comply with the lead poisoning prevention law. Select a Language Below/Seleccione el Idioma Abajo. ", It is our responsibility to ensure the health and wellness of our families in New York City, said New York City Council Member Vanessa Gibson. They neglect their properties with no regard for the families who live there, subjecting them to substandard housing and a substandard quality of life. 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. The agreement was jointly filed by Attorney General James and the New York City Department of Housing Preservation and Development (HPD) in the Supreme Court of New York, Bronx County for final approval. I applaud Attorney General James for taking swift action to hold landlords and management companies accountable that put their tenants at risk. The Environmental Protection Bureau is a part of the Division of Social Justice, which is led by Chief Deputy Attorney General Meghan Faux, and all under the oversight of First Deputy Attorney General Jennifer Levy. 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. The OAG also found that Kiggins and Endzone engaged in repeated illegal and fraudulent acts by either not providing federally required lead disclosures or providing materially false and deceptive lead disclosures to tenants and purchasers of Endzoneproperties. This is the second time the property management company is being sued for housing discrimination. Todays complaint alleges that Chestnut Holdings engaged in repeated illegal acts under Executive Law 63(12) violating several provisions of the Childhood Lead Poisoning Prevention Act, including failing to inspect apartments to determine if a child under six 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. Unfortunately, some landlords have ignored that responsibility with impunity., New York Lawyers for the Public Interest supports Attorney General Letitia James' offices action today to protect families from toxic lead exposure through enforcement of New York Citys Childhood Lead Poisoning Prevention Act, Local Law 1 of 2004, said Christine Appah, senior staff attorney, Environmental Justice Program, New York Lawyers for the Public Interest. The refusal to accept the voucher came at a troubling time for Morrison, who had recently been diagnosed with thyroid cancer. A copy of this disclaimer can also be found on our Disclaimer page. Her commitment to investigating and identifying these individuals demonstrates her dedication and commitment to defending the most vulnerable members of our society., The fact that the city of Buffalo will be joining in this lawsuit as a co-plaintiff in this case is major, said Buffalo Councilmember Mitch Nowakowski. I am holding Endzone fully accountable for their deplorable and illegal actions, and I will continue to use the full force of my office to uphold the laws that protect our children from lead poisoning.. Using shell companies to avoid complying with city rental registration requirements; Failing to comply with city and state property management and real estate broker licensing requirements; Conducting business in New York without authority to do so from the Department of State; and. : 18-cv-1037. This action by Attorney General James holds those who have repeatedly violated housing codes accountable and protects the health and safety of our children., Lead exposure continues to be a very real problem across New York state, and our children are suffering long-term as a result, said StateSenator Tim Kennedy. Chestnut Holdings is getting slapped New York Attorney General Letitia James is going after one of the largest multifamily landlords in the city for alleged lead-paint violations. I want to thank Attorney General Letitia James and her staff for taking swift action to hold our landlords accountable, and for ensuring they are in compliance with the Childhood Lead Poisoning Prevention Act. After revealing they had a CityFHEPS voucher, the plaintiff was told they would get a call back from the broker, but never did. We held a ceremony for the culmination of the six-month project and discussed with the students how the art reflected people and images in the Bronx community that were memorable to them. The lawsuit against Chestnut Holdings will pay $300,000 to the Office of the Attorney General (OAG) for initiatives to protect children from lead poisoning and ensure that all of its more than 6,000 apartments throughout New York City are in full compliance with the law. Select a Language Below/Seleccione el Idioma Abajo. The art will continue to hang in the building lobby for all residents to enjoy. The rate of lead poisoning in New York City is highest in children of color and those who live in low-income areas. This is the second time the property management company is being sued for housing discrimination. Plaintiff Huggins brings this action on himself and all similarly situated current and former employees pursuant to the FLSA and NYLL. 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. Additionally, Chestnut Holdings repeatedly certified, in new leases, that it had complied with the Childhood Lead Poisoning Prevention Acts turnover requirements, even though it had not done so. ` *d * $4%Y1\ - Z:q;.&&c60e`tIrS*hd Nathaniel Ari Weisbrot, Esq. Anyone relying on information obtained from Google Translate does so at his or her own risk. In the state of New York, its illegal for landlords to deny housing to voucher recipients. New York has some of the strongest lead poisoning prevention measures in the country, but without enforcement, families will continue to suffer. 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. In 2020, an investigation by the Office of the Attorney General (OAG) found that over a period of more than six years, at least 18 children were poisoned by lead paint while residing in 17 of Endzones estimated 89 properties. Chestnut also works to make a positive impact on surrounding neighborhoods by providing cleaner, safer housing options and reliable service to tenants at reasonable rental rates. The health impacts of lead paint in rental housing are particularly acute in the Buffalo region, where children who live in communities of color are 12 timesas likely than children who live in predominately white neighborhoods to be diagnosed with an elevated blood lead level. OPINION & ORDER. )D This matter is being handled by Assistant Attorneys General Abigail Katowitz and Patrick Omilian, Environmental Scientist Jennifer Nalbone, Investigator Joseph Kelly, and Project Assistant Isabel Murphy, all under the supervision of Environmental Protection Bureau Chief Lemuel M. Srolovic. This particular plaintiff was forced to remain in a homeless shelter for seven more months after the incident with Chestnut. He eventually received help from Breaking Ground, a permanent supportive housing provider. 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. 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. In New York City it has been found in 43 percent of all dwellings. We must build on the attorney generals work to make sure everyone is safe from this avoidable neurotoxin., It is great justice that Chestnut Holdings is being held accountable for their actions, that primarily affected families in the Bronx, said New York CityCouncil Member Eric Dinowitz. Protecting the health and safety of our tenants should always be our number one priority., Attorney General Letitia James deserves high praise for this important victory protecting New Yorkers against lead poisoning, said New York CityCouncil Member Robert Cornegy.