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Thursday, July 27, 2023
Van Cortlandt Park Alliance - Starlight Cinema: Guardians of the Galaxy 8.1.23
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 LeadLawsuit 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.
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.
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.
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.
Governor Hochul Urges Caution as Excessive Heat Warning Now in Effect With Unhealthy Temperature Levels Expected in Many Regions of New York State
Heat Index Value, or “Feels Like” Temperature, Forecast to be in the 100s for Lower Elevation Areas Through Friday
Excessive Heat Warning Issued for New York City Thursday Morning Through Friday Evening
Long Island and Parts of Many Upstate Regions Under Heat Advisory
State Parks Offering Extended Hours at Swimming Facilities Across the State
Governor Hochul Reminds New Yorkers to Prepare for Extreme Weather Conditions and Know Your Nearest Cooling Center
Governor Kathy Hochul today urged New Yorkers to take caution as extreme heat conditions remain in the forecast for much of the state Thursday and Friday, with heat index values — or “feels like” temperatures — expected between the mid-90’s and into the 100’s. The National Weather Service issued an Excessive Heat Warning for New York City beginning late Thursday morning that lasts through Friday evening, as heat indices are currently forecast to reach 105 degrees or more during that time period. The Long Island and Mid-Hudson regions will also see heat indices in the triple digits beginning Thursday and, on Friday, many upstate regions will see indices near 100 degrees. Governor Hochul encouraged New Yorkers to prepare for two straight days of high temps and humidity throughout the state.
"New Yorkers should take every precaution they can over these next few days to stay cool and stay safe as the combination of extreme heat and humidity will pose a significant health risk for vulnerable New Yorkers,” Governor Hochul said. "My administration will be closely monitoring the weather impacts and we encourage New Yorkers to stay hydrated, have a plan if you need to cool off and look after our vulnerable neighbors and loved ones during this time."
Division of Homeland Security and Emergency Services Commissioner Jackie Bray said, "Apparent temperatures in the triple digits are dangerous for vulnerable populations and those outside for extended periods of time. Take every precaution you can to stay safe these next few days and reconsider outdoor activities if you are sensitive to heat and humidity.
New Yorkers are encouraged to monitor their local weather forecast for the most up-to-date information. For a complete listing of weather watches, warnings, advisories and latest forecasts, visit the National Weather Service website.
New Yorkers can visit the Department of Health’s website for an updated list of Cooling Centers, which are submitted by local health departments and local emergency management offices.
The New York State Department of Health also reminds New Yorkers that heat is the number one weather-related killer in the United States. Heat-related deaths and illnesses are preventable, yet annually many people suffer from the effects of extreme heat. Some individuals are at a higher risk for heat-related illness than others. New Yorkers should learn the risk factors and symptoms of heat-related illness to protect themselves and those they love.
Symptoms of heat stroke include:
- Hot, dry, red skin
- A rapid pulse
- Rapid and shallow breathing
- A body temperature higher than 105 degrees
- Loss of alertness, confusion, and/or loss of consciousness
Heat Safety Tips
To help New Yorkers stay safe during excessive heat, follow the below guidance and visit the DHSES Heat Safety Tips webpage.
Be Prepared
Taking precautions to avoid heat exhaustion is important, and this includes adjusting your schedule to avoid the outdoors during the hottest hours of the day and modifying your diet and water intake when possible. To help New Yorkers stay safe during excessive heat, follow the below guidance and visit the DHSES Heat Safety Tips webpage.
- Reduce strenuous activities and exercises, especially during peak sunlight hours.
- Exercise should be conducted early in the morning, before 7 a.m.
- Eat less protein and more fruits and vegetables. Protein produces and increases metabolic heat, which causes water loss. Eat small meals but eat more often. Do not eat salty foods.
- Drink at least two to four glasses of water per hour during extreme heat, even if you do not feel thirsty. Avoid beverages containing alcohol or caffeine.
- If possible, stay out of the sun and stay in air conditioning. The sun heats the inner core of your body, resulting in dehydration. If air conditioning is not available, stay on the lowest floor, out of the sunshine, or go to a public building with air conditioning.
- If you must go outdoors, wear sunscreen with a high sun protector factor rating (at least SPF 15) and a hat to protect your face and head.
- When outdoors, wear loose-fitting, lightweight, and light-colored clothing. Cover as much skin as possible to avoid sunburn and over-warming effects of sunlight on your body.
- Never leave children, pets or those who require special care in a parked vehicle, especially during periods of intense summer heat. Temperatures inside a closed vehicle can reach over 140 degrees Fahrenheit quickly. Exposure to such high temperatures can kill within a matter of minutes.
- Try to check on your neighbors during a heat wave, especially if they are elderly, have young children or have individual needs. Make sure there is enough food and water for your pets.
- Prolonged exposure to the heat can be harmful and potentially fatal. Call 911 if you or someone you know shows signs or symptoms of heat illness, including headache, light headedness, muscle cramps, nausea, and vomiting.
Conserve Electricity
NYSERDA recommends taking smart steps to reduce energy use, particularly during periods of peak demand, not only helps to lower the state's peak load but also saves consumers money when electricity is the most expensive. To reduce energy use, particularly during peak periods, the public is encouraged to take some of the following low- or no-cost energy saving measures:
- Close drapes, windows, and doors on your home's sunny side to reduce solar heat buildup.
- Turn off air conditioners, lights, and other appliances when not at home and use a timer to turn on your air conditioner about a half-hour before arriving home. Use advanced power strips to centrally "turn off" all appliances and save energy.
- Fans can make rooms feel 10 degrees cooler and use 80 percent less energy than air conditioners.
- If purchasing an air conditioner, look for an ENERGY STAR qualified model, which uses up to 25 percent less energy than a standard model.
- Set your air conditioner at 78 degrees or higher to save on your cooling costs.
- Place your air conditioner in a central window, rather than a corner window, to allow for better air movement.
- Consider placing the unit on the north, east or the best-shaded side of your home. Your air conditioner will have to work harder and use more energy if it is exposed to direct sunlight.
- Seal spaces around the air conditioner with caulking to prevent cool air from escaping.
- Clean the cooling and condenser fans plus the coils to keep your air conditioner operating efficiently and check the filter every month and replace as needed.
- Use appliances such as washing machines, dryers, dishwashers and ovens early in the morning or late at night. This will also help reduce humidity and heat in the home.
- Use energy-efficient, ENERGY STAR qualified light bulbs instead of standard incandescent light bulbs, and you can use 75% less energy.
- Microwave food when possible. Microwaves use approximately 50% less energy than conventional ovens.
- Dry clothes on a clothesline. If using a clothes dryer, remember to clean the dryer's lint trap before every load.
- Be mindful of the different ways you're consuming water throughout your home. Instead of using 30 to 40 gallons of water to take a bath, install a low-flow showerhead, which uses less than 3 gallons a minute.
- Lowering the temperature setting on your wash machine and rinsing in cold water will reduce energy use.
- Additional tips on how to conserve energy are available on NYSERDA's website here.
Water Safety
- Adult Supervision. This is the number one way to prevent drowning. Never leave a child unattended in or near water, and always designate a Water Watcher. This person should not be reading, texting, using a smartphone, drinking alcoholic beverages, or otherwise distracted.
- Choose bright colors. Studies show the color of one's bathing suit can make a difference in visibility. Consider the color of your child's swimsuit before heading to a pool, beach or lake. For light-bottomed pools, neon pink and neon orange tend to be the most visible. For lakes and dark-bottomed pools, neon orange, neon green and neon yellow tend to be the most visible.
- Identify swimmers in need of help. While we tend to think that swimmers in trouble will be waving their hands and making lots of noise, this may not always be the case. Watch out for people whose heads are low in the water (mouth submerged) or tilted back with mouth open, eyes closed or unable to focus, legs vertical in the water, or who are trying to swim but not making progress.
- Swimming Lessons. Multiple studies show swimming lessons prevent drowning. Learn how to swim and teach your child how to swim.
Open Water Safety
- Wear Life Jackets. Put life jackets on kids anytime they are on a boat or participating in other open water recreational activities. Personal flotation devices should always be used for children that do not know how to swim. New York state law requires that children under 12 wear a Coast Guard-approved life vest on a boat or water vessel. For more information on proper life jackets, go to the United States Coast Guard site.
- Choose a spot on the beach close to a lifeguard and swim only when a lifeguard is on duty.
- Watch for warning flags and know what they mean. Green flags usually mark designated swimming areas - be sure to swim between the green flags. Yellow flags may denote a surfing beach or an advisory. Red flags indicate a danger or hazard, and no one should swim when they are shown. Flag designations may vary so be sure to understand the color coding before you dive in.
- Watch out for rip currents. Rip currents are powerful currents moving away from shore. They tend to form near a shallow point in the water, such as a sandbar, or close to jetties and piers and can happen at any beach with breaking waves, including the Great Lakes! They are the number one hazard for beachgoers and can pull even the strongest swimmers out to sea. If you are caught in a rip current, try to remain calm and don't fight it. Swim parallel to the shore until you are out of the current, and float or tread water if you begin to tire. More from the National Weather Service: Break the Grip of the Rip!
- Beware of large waves and strong surf. Ocean swimming is different from swimming in a calm pool or lake. Large waves can easily knock over an adult. Be prepared for strong surf as well as sudden drop-offs near the shore.
Pool Safety Tips
- Put Up Barriers. Install appropriate safety barriers around in-home pools and spas. This includes fences, gates, door alarms and covers.
- Pool Alarms. Install a pool alarm to detect and provide notification of unattended pool access.
- Small Pools. Drain and put away smaller portable pools when not in use.
- Cover Drains. Keep children away from pool drains, pipes, and other openings to avoid them getting stuck. Children's hair, limbs, jewelry or bathing suits can get stuck in a drain or suction opening. Also, ensure any pool and spa you use has drain covers that comply with federal safety standards, which include drain shape, drain cover size, and rate of water flow. Learn more here.