According to a 2018 study, the city of Buffalo suffers from some of the highest rates of childhood lead exposure in the nation from poor housing conditions in old homes with lead paint. Data from the Centers for Disease Control and Prevention (CDC) show that in 2017, 715 children in Erie County under six years of age tested with blood lead levels between 5 and 9 g/dL, and 415 children tested with blood lead levels of 10 g/dL or higher. 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. Chestnut Holdings has recently come under fire for allegedly turning away tenants with housing vouchers. Hopefully, legal actions like this one will send a message to others who might choose to ignore lead poisoning prevention laws that such behavior will not be tolerated. In the state of New York, its illegal for landlords to deny housing to voucher recipients. Our management team has over 150 years of collective experience and a deep understanding of the real estate market. The Office of Attorney General's website is provided in English. Todays announcement is welcome news and communicates a strong message of just how intolerable it is to promise the safety of a place to live only to deliver danger. As a landlord to thousands of children and families, Chestnut failed to safeguard its tenants, but, today, we are ensuring their health will be protected moving forward. All rights reserved. This Google translation feature is provided for informational purposes only. The Office of Attorney General does not make any promises, assurances, or guarantees as to the accuracy of the translations provided. All New Yorkers deserve to live in a safe and healthy home, and this is a great step in ensuring that our tenants are protected from lead exposure., Lead is a serious public health issue that, if not properly addressed, can lead to life altering medical complications for young children and families living in New York City, said New York CityCouncil Member Vanessa Gibson. Understanding Recent Changes to New Yorks Gun Laws, AG James Takes Action to Protect Tenants from Lead Poisoning, Files Lawsuit Against Bronx-based Property Management Corp for Violations of NYC Childhood Lead Poisoning Prevention Act. Lead paint in residential housing has been a pervasive problem for decades, particularly in New York. Sticker shock: Ranking South Floridas priciest residential rentals, Here are Chicago's top 10 construction permits issued in May. The landlords frequently allowed paint on their properties to deteriorate to the point of being a lead hazard instead of preventing deterioration of paint, as required by local and state building codes, and only addressed the lead hazard after a lead-poisoned child was discovered. I applaud Attorney General James for taking swift action to hold landlords and management companies accountable that put their tenants at risk. b``$@z'@ e1 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. 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. Our intention is to deepen our understanding and connection to nature and weave it into the daily life of our communitys residents. Lead poisoning persists as one of themost prevalent and preventable environmental diseases in New York, with thousands of children having blood leadlevels above the Centers for Disease Control and Preventions reference value. The Office of Attorney General does not make any promises, assurances, or guarantees as to the accuracy of the translations provided. The lawsuit against 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. I commend Attorney General Letitia James for filing suit against landlords who have so flagrantly ignored the laws we have put in place to protect our children. : 18-cv-1037. Attorney General James thanks Onondaga County and the City of Syracuse for their partnership in this matter. Russell Shank, a lawyer for Chestnut Holdings, says they didnt receive applications from seven of the eight people in the lawsuit. The following day, a tester from the NYC Human Rights Commission inquired about the same apartment that the plaintiff has. 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. However, the "Google Translate" option may assist you in reading it in other languages. %PDF-1.7 % 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). Lead poisoning in New York City is highest among children of color and children living in high-poverty neighborhoods; low-income children represent 66 percent, and Asian, Black, and Latino children represent 84 percent, of children under 6 in the city with elevated lead levels. Thats what vouchers are there for.. 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. 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. 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. Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. The Environmental Protection Bureau is part of the Division of Social Justice, led by Chief Deputy Attorney General Meghan Faux, and all under the oversight of First Deputy Attorney General Jennifer Levy. Beginning in the 20th century, paint with dangerously high levels of lead was used on both exterior and interior surfaces of housing in the United States. Understanding Recent Changes to New Yorks Gun Laws, Chestnut Holdings Will Pay $300,000 for OAG Programs to Protect Children From Lead Poisoning, Ensure All Apartments Are Fully Compliant With NYC Lead Laws, Second Major Action by AG James in a Week to Protect NYC Children From Lead Paint, Hold Bad Landlords Accountable. Chestnut Holdings, Regulation. HONORABLE PAUL A. CROTTY United States District Judge. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. Chestnut purchased its first building in the Bronx in 1997, and still owns that property today a testament to the firms long-term commitment to enhancing and effectively managing its properties. Im thankful to the Office of the Attorney General for using its power to protect some of the most vulnerable children in our community, and I look forward to continuing to work with all of our partners to address this important issue., We thank Attorney General Letitia James for pursuing this important case, said Paul Ciavarri, community organizer, Legal Services of Central New York. The building in front of which the attorney general selected to announce the lead lawsuit, 1515 Macombs Road, has exactly zero lead violations. 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. As reported in Crains New York Business, Chestnut Holdings is trying to evict WeWork from a midtown New York City building, and has filed a suit stating that it is 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. After revealing they had a CityFHEPS voucher, the plaintiff was told they would get a call back from the broker, but never did. One project we have been working on cultivates environmental awareness by designating a specific tree or plant name and installing a custom made hand crafted bronze plaque on the property faade. Lead poisoning is a serious and immediate problem, particularly in 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. OPINION & ORDER. Initiating evictions of tenants in lead-poisoned houses in violation of New York law. AkH5tKl#'FM|X0'UH^F+y{OBhiOio+O| l5r(>Vb[NX+Y,. Understanding Recent Changes to New Yorks Gun Laws, Repeated and Persistent Violations Result in Continuing Health Risks, Dozens of Reported Childhood Lead Poisonings. The New York attorney general is filing a lawsuit against a Bronx-based property management company for violations of the city's Childhood Lead Poisoning Prevention Act. View Case; Cited Cases; ALEJANDRO HUGGINS, on behalf of himself and others similarly situated, Plaintiffs, v. forms until after the February 18 deadline had passed, and (2) did not receive any text message notice about this lawsuit, Decl. What we do have is the fact that the landlord, unfortunately, has not complied with the law and as a result of that, he again, it poses a threat to all of the children who are currently residents in this building, she says. 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. That same year, Erie County was the only county in New York in which children who tested with blood lead levels exceeding 45 g/dL were reported. Lead-based paint was banned in 1960, but remediating the toxin has proved difficult in older buildings. On 08/24/2021 Chestnut Holdings, Inc filed a Contract - Other Contract lawsuit against TH Exploration, LLC.This case was filed in U.S. District Courts, West Virginia Northern District Court. According to the lawsuit, as many as 600 children who receive SNAP benefits were affected, Letitia James (Credit: Getty Images, iStock). 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. Nathaniel Ari Weisbrot, Esq. 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. Having lead paint in an apartment is not necessarily illegal if there is no risk of exposure, but when building owners paint over it rather than remove it which is expensive it can eventually resurface. The OAGs investigation into Chestnut began in 2018 and determined that the company engaged in repeated violations of the Childhood Lead Poisoning Prevention Act, including failing to inspect apartments to determine if a child under 6 years of age 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. 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. WebChestnut Holdings is a family-owned real estate investment and management firm with a strong track record as an owner-manager of properties throughout New York City. This matter is being handled by Attorney General James Environmental Protection Bureau by Assistant Attorney General Abigail Rosner, Special Counsel Sara Haviva Mark, Assistant Attorney General Samantha Liskow, Deputy Bureau Chief Monica Wagner, Chief Scientist Jodi Feld, Environmental Scientist Jennifer Nalbone, Environmental Science Intern Jeffrey Fralick, and Amanda Moody, Legal Assistant II, under the supervision of Bureau Chief Lemuel M. Srolovic. New York has some of the strongest lead poisoning prevention measures in the country, but without enforcement, families will continue to suffer. Upon revealing that she would be paying her rent with the voucher, the broker shut down the conversation and said, Oh, were not taking those.. hUmo0+jlNH4t : C The Environmental Protection Bureau is a part of the Division for Social Justice, which is led by Chief Deputy Attorney General Meghan Faux and is under the oversight of First Deputy Attorney General Jennifer Levy. Children who have been exposed to even very low levels of lead are at risk for neurological and physical problems during critical stages of early development. Lead paint has been found in approximately 43 percent of all of New York dwellings. Attorney General James is pursuing 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. ". 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 Our Church has had a great relationship with our landlord, Chestnut Holdings, for over fifteen years. Plaintiff Huggins regularly worked as many as seven days and well over 40 hours each week, including the requirement that he be on call 24 hours a day, seven days a week to deal with any issues in the residential multifamily properties that the Defendants owned. Vivian Tejada is a freelance real estate writer from Providence, RI. Some of the worst landlords in our city put the health and safety of New Yorkers at risk to protect their own profits, and Chestnut Holdings is near the top of my office's list, said New York City Public Advocate Jumaane Williams. The futures of our children are at stake., As a pediatrician, when I see kids with lead poisoning its usually too late to prevent the worst effects on their developing brains, which is why people in public health have worked so hard to prevent lead exposure over the years,said Dr. Travis Hobart, MD, MPH, FAAP, medical director, Central/Eastern New York Lead Poisoning Resource Center. 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. Opp'n Ex. 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. Select a Language Below/Seleccione el Idioma Abajo. They have damaged the lives of countless children in our community. 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. agreement in her lawsuit against Chestnut Holdings of New York, Inc. (Chestnut Holdings), a property management corporation, over its failures to protect children from lead paint hazards in New York City, 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. 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. These include annual inspections and ensuring that an apartment is code compliant when a tenant moves into their new home. 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. 95 worked with DreamYards art instructors to create an art display that was unveiled in the lobby of Chestnuts building at 1504 Sheridan Avenue. From 2018-present, the eight plaintiffs in the case experienced a range of discrimination from brokers and agents employed by Chestnut Holdings. Anyone relying on information obtained from Google Translate does so at his or her own risk. Lead poisoning is devastating for a childs future health, and I applaud Attorney General James for taking swift measures to ensure this never happens again., These settlement agreements are showing landlords who have generally acted autonomously for decades that they can no longer ignore their duty and continue to put the health and safety of our communities at risk, said New York CityCouncil Member Oswald Feliz. The agreement announced today requires Chestnut Holdings to comply with the Childhood Lead Poisoning Prevention Act, including bringing all apartments into compliance with the laws provisions that it was found to have violated during the OAGs investigation. All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. The Office of Attorney General's website is provided in English. All violations found in OAGs investigation, as well as all those flagged by the county and city, have been resolved in properties that are currently occupied. We never thought we would be in that position, but a lot of people are. The Environmental Protection Bureau is led by Lemuel M. Srolovic. 216(b). Visite 516abogado.com, Huggins v. Chestnut Holdings of New York, Inc.; 1425 U LLC; and Jonathan WienerCivil Action No. James says her office reached out multiple times to Chestnut Holdings, but did not get a response. All rights reserved. This is extremely troubling for Black/African American communities because we know from national studiesthat Black children living below the poverty line are twice as likely to suffer from lead poisoning as poor white children. Too many suffer from a lifetime of avoidable debilities here in New York City. Chestnut workers (from left) Francisca Orduna, Luis Dominguez, Maria Orduna, Teodoro Santos are suing over their April 5 ordeal. 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. There is no excuse for landlords failing to abide by the law and protect the health of their tenants.. 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. Earlier in September 2021, she 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. %%EOF 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. NYC workers forced to strip as boss hunted for stolen cash, lawsuit says. According to the complaint, 600 children in Chestnut Holdings buildings are under the age of six and receive Supplemental Nutrition Assistance Program benefits, colloquially known as food stamps. The Defendants have also denied Plaintiff Huggins minimum wage and/or overtime pay as required by state and federal laws; failed to provide a wage notice at the time Plaintiff was hired and annually, as required by law; and failed to provide a proper wage statement for each pay period, as required by law. In addition, no apartments 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. Morrison said she was devastated and humiliated by the experience. 910 Franklin Avenue Suite 200 Garden City, NY 11530 Tel: 516-248-5550 Fax: 516-248-6027, 655 Third AvenueSuite 1821 New York, NY 10017 Tel: 212-679-5000 Fax: 212-679-5005, Copyright 2023 EmploymentLawyerNewYork.com |, Separation Agreements and Severance Packages, Marital Status Discrimination and Harassment, Sexual Discrimination and Harassment In The Workplace, Sexual Identity Discrimination and Harassment, Sexual Orientation Discrimination and Harassment, Civil Rights and Constitutional Law Claims, National Origin Discrimination and Harassment, Whistle Blower Protection and Retaliation, Worker Adjustment and Retraining Notification Act, Borrelli & Associates, PLLC Reviews on ProvenCredible. Through the Mayors LeadFreeNYC initiative, we will continue to work with our partners on all levels of government to keep New Yorkers safe and drive lead exposure down to zero," said NYC Housing Preservation and Development (HPD) Commissioner Louise Carroll. The property management company is in charge of more than 6000 apartments located in 134 residential buildings across Manhattan, Brooklyn, and the Bronx. 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. As a result, at least 18 children residing in 17 different properties owned or managed by Endzone experienced lead poisoning. 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. Vouchers such as FHEPS, CityFEHPS, and HRA subsidies are provided to New Yorkers with the intention of keeping them out of homeless shelters. Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. The residents in Broadway-Fillmore, and throughout the entire city, have been held hostage for decades by slumlords who have left housing stock uninhabitable and detrimental to the health, safety, and sustainability of our neighborhoods. He eventually received help from Breaking Ground, a permanent supportive housing provider. They neglect their properties with no regard for the families who live there, subjecting them to substandard housing and a substandard quality of life. However, the "Google Translate" option may assist you in reading it in other languages. In September 2021, Attorney General James 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.
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