Monday, June 13, 2022

Attorney General James Shuts Down Syracuse Landlord That Exposed Children to Lead Poisoning


Endzone Properties Barred from Owning or Managing Rental Properties 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 

 New York Attorney General Letitia James today announced an 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 lawsuit, filed in October 2021, alleged that Kiggins and Endzone endangered the health of its tenants, primarily children, by repeatedly violating lead paint laws and failing to properly address related hazards. As a result, at least 18 children residing in 17 different properties owned or managed by Endzone experienced lead poisoning.  

Today’s 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. The agreement also requires Kiggins and Endzone to pay $215,000 that will be used to prevent the exposure of children to lead paint within the City of Syracuse or Onondaga County, and/or to provide assistance to the families affected by lead poisoning.

“Lead paint exposure is a dangerous scourge on New York’s communities that disproportionately impacts our Black and brown children,” said Attorney General James. “All too often, unprincipled landlords like Endzone disregard their duty to ensure their properties are free of lead hazards and its harms. 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.”

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 Endzone’s estimated 89 properties. During this same period, at least 32 Endzone properties were flagged by the City of Syracuse and Onondaga County for chipping, peeling, deteriorating paint, and other conditions conducive to lead poisoning, which are prohibited by county and city laws. 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 Endzone properties.

Endzone has sold all the properties it owned and all of the properties it once managed are now under new management. All violations found in OAG’s investigation, as well as all those flagged by the county and city, have been resolved in properties that are currently occupied.

Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. 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. In fact, no safe lead level in children has been identified. 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.

Lead paint in residential housing has been a pervasive problem for decades, particularly in New York. 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. Lead paint has been found in approximately 43 percent of all of New York dwellings. Although New York banned the use of lead paint in 1970, with the federal government following suit in 1978, buildings constructed prior to 1978 often still have lead paint. More than 90 percent of Syracuse’s housing stock was constructed prior to 1978. The vast majority of these dwellings were constructed before New York banned lead paint in 1970.

Lead poisoning in Onondaga County occurs predominantly within Syracuse, and disproportionately harms low-income communities and communities of color. Since 2012, 87 percent of all lead poisoned children in Onondaga County were from Syracuse. Data also shows that Black children are twice as likely as white children to have elevated blood lead levels — almost 23 percent of Black children in Onondaga County tested for lead had dangerous levels of lead in their blood, while less than 11 percent of white children tested had dangerous blood lead levels. 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.

Attorney General James thanks Onondaga County and the City of Syracuse for their partnership in this matter. 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.

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. 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. 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. 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.

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