Thursday, July 27, 2023

Attorney General James Sues Syracuse Landlord for Failing to Properly Address Lead-Based Paint Hazards

 

William D’Angelo Repeatedly and Persistently Violated Lead Safety Laws at His Rental Properties, Where at Least 15 Children Were Poisoned by Lead
Lawsuit is Second Action Taken by AG James This Month to Address Lead Paint Hazards in Syracuse

New York Attorney General Letitia James, Onondaga County Executive Ryan McMahon, and Syracuse Mayor Ben Walsh today filed a lawsuit against William D’Angelo and his company Marpat LLC for repeatedly and persistently violating lead safety laws at nearly two dozen rental properties in Syracuse. Over the past seven years, there were 336 violations of lead safety laws at 22 different properties owned by D’Angelo. At least 15 children, 10 of them children of color, were poisoned by lead while living at these properties.

In the complaint filed today, Attorney General James, County Executive McMahon, and Mayor Walsh seek to require D’Angelo to pay thousands in restitution to the impacted families in addition to substantial penalties, and to disgorge all ill-gotten profits, such as rent payments. They are also seeking an order to stop D’Angelo’s harmful housing practices and require him to resolve all existing lead paint-related violations, conduct regular inspections of lead conditions within his properties, and implement proper safety measures moving forward.

“In Syracuse and throughout New York, children of color suffer the irreversible health effects of lead exposure at disproportionate rates,” said Attorney General James. “William D’Angelo violated more than our lead safety laws — he violated tenants’ trust and put families in danger. I will continue to fight to protect our children from lead poisoning by holding neglectful landlords accountable for their roles in exacerbating this public health crisis.”

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. Children under the age of six are more likely to be exposed to lead than any other age group, as their normal behaviors have resulted in chewing lead paint chips and breathing in or swallowing dust from old lead paint that gets on floors, windowsills, and hands.

Lead-based paint in residential housing is a pervasive problem in Syracuse because 81 percent of the housing stock was built before lead-based paint was banned in New York in 1970. Lead poisoning in Onondaga County is highest among children of color, the majority of whom live in Syracuse. In 2022, 510 children in Onondaga County had elevated levels of lead in their blood, and 90 percent of those children lived in Syracuse. More than 11 percent of the Black children tested in 2021 had elevated blood lead levels, compared to just two percent of white children tested.

Over the last 30 years, D’Angelo has owned and managed at least 48 rental properties with at least 116 individual rental units in Syracuse. According to city and county records, all of D’Angelo’s rental properties were built prior to 1940, and therefore are all presumed to contain lead-based paint. Most of these properties are in low-income neighborhoods and communities of color.

Since 2016, at least 22 of D’Angelo’s properties have been cited for conditions conducive to lead poisoning. Despite being cited numerous times for hundreds of lead-based paint violations, D’Angelo did not properly address these hazards at his properties. D’Angelo consistently failed to enforce lead-safe work practices and often employed untrained, uncertified workers to perform renovations, resulting in the creation and dispersal of lead-containing dust and paint chips in living areas. D’Angelo further violated lead safety regulations by refusing to disclose information about lead hazards related to renovations and the deteriorating state of the buildings to residents and potential tenants.

The complaint alleges that D’Angelo’s repeated and persistent violations of lead safety laws caused at least 15 children to be poisoned by lead while living at his properties. With this lawsuit, Attorney General James is seeking full disgorgement of all ill-gotten profits, such as rent payments received, and penalties of up to $5,000 for every false or misleading lead disclosure D’Angelo provided to tenants. Attorney General James is also seeking thousands of dollars in restitution for the families of every child poisoned by lead while living at a D’Angelo property.

Map Syracuse Lead II

The lawsuit also seeks robust injunctive relief to swiftly identify and eliminate lead paint hazards at all D’Angelo's properties in an order that would require D’Angelo to:

  • Immediately correct all existing lead paint-related violations cited by the city or county that are past their respective deadlines;
  • Require a lead-based paint risk assessment at each of D’Angelo’s residences through a third-party Environmental Protection Agency certified risk assessor approved by OAG; 
  • Create a Lead Safe Work Plan for removing and/or remediating all conditions conducive to lead poisoning following the inspection;
  • Promptly make any renovations necessary using EPA certified lead-based paint professionals and properly trained and certified workers; and
  • Hire an independent monitor to supervise and report to OAG on the defendants’ compliance.

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

This lawsuit is the latest in Attorney General James’ efforts to hold landlords and property managers accountable for violating childhood lead poisoning prevention laws in New York. Last week, Attorney General James filed a lawsuit against Syracuse landlord Todd Hobbs for repeated and persistent violations of lead safety laws at more than a dozen rental properties. Attorney General James also filed a motion for a preliminary injunction against Hobbs, seeking to stop him from selling off his properties while litigation is pending.

In June 2022, Attorney General James shut down Syracuse landlord John Kiggins and his company, Endzone Properties, Inc., for repeatedly violating lead paint laws and failing to address lead paint hazards, which resulted in the lead poisoning of 18 children living in Endzone properties in Syracuse. In March 2023, Attorney General James sued Buffalo landlord Farhad Raiszadeh for repeated and flagrant violations of lead safety laws at dozens of properties in East Buffalo. In November 2022, Attorney General James secured $5.1 million in restitution and penalties to fund ongoing childhood lead poisoning prevention programs administered by the City of Buffalo and Erie County, as a result of a September 2020 lawsuit against a group of individuals and companies in the Buffalo region for illegally allowing lead paint-related hazards to proliferate in their rental properties. In March 2022, the Attorney General led a multistate coalition in calling on the U.S. Environmental Protection Agency (EPA) to strengthen protections against lead poisoning, particularly for children living in low-income communities and communities of color. In September 2021, Attorney General James announced an agreement in her lawsuit against Chestnut Holdings of New York, Inc., a property management corporation, over its failures to protect children from lead paint hazards in New York City. Also in September 2021, Attorney General James reached a pre-suit agreement with A&E Real Estate Holdings, LLC to ensure that children living in its New York City apartments are protected from dangerous lead-based paint.

No comments:

Post a Comment