Crapping my pants about lead paint

To be honest it is likely that you might have to move. The only way to deal with lead paint in an apartment with children occupying the space is to encase the walls and ceilings with new sheetrock. This leaves the lead paint undisturbed and for the most part untouchable. To attempt to strip the walls of the old paint is nearly impossible in an occupied building, this means your neighbors too. I recently tried to get bids on stripping the cast iron front of a Soho building and the first question every contractor asked was, were there any kids living in the building? Bear in mind this was the outside of the building. The LL finally paid the family $200,000 to vacate. It was the cheapest option.I'm not sure what the law is regarding a LL renting apartments with lead paint exposed but I'm pretty sure a good lawyer could seek punitive damages for something like this. Oh, you definitely need a lawyer. I know a couple of good honest tenant lawyers if you want to PM me. Also, you did the right thing. If your apartment is screwed up it is likely other ones are too.

Now all these people are telling me I screwed up, I shouldn't have called the city, I should've given the landlords a chance. We just moved here, and I fear I poisoned the well.

The law requires the LL to inspect the vacant apartment before they rent it. The fact that they rented to you is unconscionable.

I had the same problem with my daughter 10 years ago in a loft in Union Square. Her pediatrician actually informed the city when the blood test came back positive. Luckily the LL decided to encase the walls. It was a pain living through it though.

You absolutely did the right thing. The only two things that should matter to you in this situation are the immediate and long-term health of your child, and your rights as a tenant/renter.

And, you should not feel bad as if you are to blame, have done something wrong, etc. The landlord knows, without a doubt, that he/she is required by law to provide a lead-free environment. Just like they have to provide you with child safety bars for windows, the apartment must be heated to to a certain degree between certain dates in cold weather months, etc. THESE ARE YOUR RIGHTS! Do not feel the least bit reluctant to get what you are paying for with your rent checks.

First thing I would do is get your child tested for lead exposure. Your doctor/clinic can test your child and assign a numerical value to the amount of exposure your child has been subjected too. Do this, like, now. Your kid will have some lead exposure - we all do - so don't freak when the number is not zero. But, you need to establish a) that your child is not currently exposed beyond normal levels, and b) establish a baseline for future tests if your landlord is uncooperative and you cannot afford to move.

As far as whether or not they (not you!) can fix the problem, it really depends on a host of factors. You are correct that paint chips are not the problem. Lead paint does a lot of things, like 'chalk' off when you rub against it, etc. There are encapsulating paints that cover lead paint effectively in many situations - like when it is the baseboard trim or window casings that have lead paint on them, etc.

Anyhow, don't leave for free whatever you do. They have an obligation to you - and you can make them meet that obligation. Who cares if they like you or not. Bet you a dollar they knew about the lead issue already.

DC

I apologize for the multiple posts. Your other point: I wouldn't worry about what your LL thinks. I would definitely blame it on the caviler attitude of the managing agent. It's your child you're worried about! I work with a lot of LLs and for the most part they simply want to make some money on their investment. They pay big money to managing cos. to make that money and keep them out of trouble with the labyrinth of housing laws. The LL probably has some recourse to sue them. It was their responsibility!

Who are all the people who told you you screwed up? You doctor told you to tell the city, right? Two lawyers told you to tell the city. You know why? The landlord did something WRONG.

May I ask what your x streets on OP are? I live in a similar apt on OP, and I have a small child; I just want to see if we are in the same one ...

Subject: what lab did you use?

thanks for this post. i think you absolutely did the right thing.
i also live in a pre-war building in flatbush with peeling paint and have a 6.5 year old. she doesn't crawl yet, but everything she can reach is in her mouth in an instant. i talked to the landlord and they promised to come paint over the peeling bits...but that was 8 months ago, and still no action.

anyhow, i'm wondering if you can direct me to the lab you used. we'd like to get our paint chips tested too.

thanks!