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This should serve as a warning to other landlords that they will be held accountable for neglecting health hazards in homes of children and families in New York City and across the state., I applaud Attorney General James and her office for their vigilance in pursuing landlords who fail to comply with the Lead Poisoning Prevention Act. Todays 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. 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. All too often, unprincipled landlords like Endzone disregard their duty to ensure their properties are free of lead hazards and its harms. Legal Services NYC, a non-profit offering free civil legal services to low-income individuals, claims that Chestnut Holdings brokers denied housing to eight New Yorkers after these tenants revealed they would be paying their rent with vouchers. Topics you care about, straight to your inbox. This settlement shows that victories against lead poisoning are not only possible, but imperative. : 18-cv-1037. 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. 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. Harvey Lindo, 68, is another plaintiff in the case against Chestnut. The lawsuit, filed in Erie County Supreme Court, alleges that since 2013, the Erie County Department of Health has identified dozens of children with elevated blood lead levels (EBLLs) in 22 of the Dalfin properties. And we greatly appreciate the attorney generals willingness to pay attention to the call for action from local stakeholders, including Families for Lead Freedom Now, and to pursue a bright line against childhood lead poisoning in Syracuse.. I commend the New York State Attorney General for taking this action, and thank my team at HPD, along with our colleagues throughout the city and state who work day in, day out to protect the people we serve., All New Yorkers deserve safe homes, free of the dangers of lead poisoning, said Bronx Borough President Ruben Diaz Jr. I am proud to stand with Attorney General Letitia James to fight for Bronx residents and to stand with all New Yorkers to demand that landlords and management companies treat their tenants with the respect and dignity they deserve., "Exposure to lead has devastating consequences for all those exposed, but it is particularly dangerous for young developing children, said New York State Senator Jos M. Serrano. 6 were here. Todays complaint alleges that Chestnut Holdings engaged in repeated illegal acts under Executive Law 63(12) violating several provisions of the Childhood Lead Poisoning Prevention Act, including failing to inspect apartments to determine if a child under six 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. If any individual is or has previously been an employee of the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. Lead paint has been found in approximately 43 percent of all of New York dwellings. Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. Lead paint exposure is a dangerous scourge on New Yorks communities that disproportionately impacts our Black and brown children, said Attorney General James. We need the ongoing assistance of every level of government to protect tenants from property owners who arent addressing lead hazards. as Chestnut Holdings partnered with The Bronx is Blooming and The NYC Department of Parks and Recreation to engage the community through environmental stewardship and educational activities. WebPhone: (718) 543-8200. '' Endzone has sold all the properties it owned and all of the properties it once managed are now under new management. Residents of the Bronx took part inClaremont Park Dayas Chestnut Holdings partnered with The Bronx is Blooming and The NYC Department of Parks and Recreation to engage the community through environmental stewardship and educational activities. Attorney General James thanks the City of New York and the New York State Homes and Community Renewal for their assistance with data collection during the investigation. 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 event brought out close to100 volunteers who enjoyed a great day of helping to beautify and restore Claremont Park. Nathaniel Ari Weisbrot, Esq. 0 Buffalos residents deserve to live in homes that are safe, secure and stable, especially when so many of us have been forced to spend a greater period of time in our homes as a result of the COVID-19 global health pandemic. 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 Endzoneproperties. This is unacceptable, and I am very proud of Attorney General Letitia James for her work to hold Chestnut Holdings accountable., Many of my Bronx constituents have been exposed to dangerously high levels of lead paint in their homes, putting young children at risk, said State Assemblymember Kenny Burgos. The health code thus requires lead paint to be enclosed with a rigid surface, such as drywall. 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. 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, 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, 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. Exposure to lead paint in our aging housing stock puts children in grave jeopardy and our future at risk. 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. Her and her husband were being evicted from their apartment after he fell off a scaffold and was no longer able to work his construction job. All rights reserved. She is a courageous advocate for the children and families of Western New York., What these landlords did was monstrous, said Erie County Legislator Howard Johnson. Lead paint in residential housing has been a pervasive problem for decades, particularly in New York. After revealing they had a CityFHEPS voucher, the plaintiff was told they would get a call back from the broker, but never did. On February 6, 2018, Plaintiff Huggins filed a civil lawsuit in the United States District Court Southern District of New York against CHESTNUT HOLDINGS OF NEW YORK INC.; 1425 U LLC; and JONATHAN WIENER, individually, (collectively, where appropriate, as Defendants), alleging upon knowledge as to himself and his own actions and upon information and belief as to all other matters, as follows: Plaintiff Huggins worked for the Defendants, a family-owned real estate investment and property management firm, as a superintendent from 2009 until Defendants terminated his employment on May 11, 2018 in retaliation for filing this lawsuit in February 2018. This seems to be the case with Chestnut Holdings. The investigation was initiated in 2017, according to a source familiar with the matter. New York State has the highest percentage of buildings built before 1950 in the nation. 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. Mehdi Bolour faces 25 criminal charges over illegally rented Hollywood building, More than 1,000 children in public housing have had high levels of lead since 2012, Landlord groups say lead poisoning laws will hurt affordable housing, Chestnut Holdings buys Bronx-centric 19-building retail portfolio, High Street, Daiwa bring resi to River Oaks, St. Charles revamp of torched resort takes center stage in local City Hall races, LIV plans massive resi project in Fort Worth, KBS deal to sell Union Bank Plaza to Joel Schreiber delayed for 9th time. WebChestnut Holdings of New York is a family-owned real estate investment and property management firm with a long track record of successful, responsible and reliable We believe there is a policy and practice of this management company to not rent to people who have housing vouchers, said Jean Fischman, who is representing the eight New Yorkers involved in the second case against Chestnut Holdings. 216(b). Lead poisoning in Onondaga County occurs predominantly within Syracuse, and disproportionately harms low-income communities and communities of color. We must build on the attorney generals work to make sure everyone is safe from this avoidable neurotoxin., It is great justice that Chestnut Holdings is being held accountable for their actions, that primarily affected families in the Bronx, said New York CityCouncil Member Eric Dinowitz. 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. 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. 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. 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.. The company was later dropped from the suit. AG Letitia James Sues Chestnut Holdings for Lead Poisoning - The Real Deal Attorney general sues Chestnut Holdings for lead paint According to the lawsuit, According to the lawsuit, as many as 600 children who receive SNAP benefits were affected, Letitia James (Credit: Getty Images, iStock). The agreement was jointly filed by Attorney General James and the New York City Department of Housing Preservation and Development (HPD) in the Supreme Court of New York, Bronx County for final approval. Since 2017, OAG hasfound that the group violated the law in other ways, such as: The poisoning of children from lead paint in aging rental housing is an ongoing national public health crisis, but is of particular concern within New York, and especially the Buffalo region. 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. 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 proliferate in their rental properties. Select a Language Below/Seleccione el Idioma Abajo. The following day, a tester from the NYC Human Rights Commission inquired about the same apartment that the plaintiff has. In order to be truly successful, however, we need partners and Attorney General James has been a reliable partner in our fight against lead poisoning and holding landlords accountable. 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. 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. It is wrong and unacceptable. However, the "Google Translate" option may assist you in reading it in other languages. He eventually received help from Breaking Ground, a permanent supportive housing provider. The passage of the New York City Childhood Lead Poisoning Prevention Act in 2004 made it possible to systematically and equitably erase lead hazards in housing across the city and promised to end childhood lead poisoning by 2010. A copy of this disclaimer can also be found on our Disclaimer page. Follow her on Linkedin to learn more. More than 90 percent of Syracuses housing stock was constructed prior to 1978. The lawsuit, filed in February 2020, alleged that Chestnut Holdings put the health of its tenants, primarily children, at risk by repeatedly violating New York Citys lead poisoning prevention laws, which require landlords to take critical measures to prevent children under 6 years old from being exposed to paint with dangerously high levels of lead. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 2485550, (516) ABOGADO, or (212) 6795000. 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. Lead poisoning is a serious and immediate problem, particularly in New York. We have met with the staff personally to Vivian Tejada is a freelance real estate writer from Providence, RI. Cant Get Into the Infamous Rolfs Christmas Bar? Aaron Carr, whose tenant watchdog group Housing Rights Initiative is also suing Chestnut for deregulating apartments in buildings receiving tax benefits, said that James is proving to be the most proactive attorney general combatting unlawful real estate practices.. 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. 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. 15 Cheap and Underrated Ideas For Spring Break in NYC, Gears to Grind: The State of Biking in NYC, Fort Greene Neighborhood Guide: The Chill and Family Friendly Neighborhood. Chestnut Holdings has recently come under fire for allegedly turning away tenants with housing vouchers. 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. The Environmental Protection Bureau is part of the Division of Social Justice, led by Chief Deputy Attorney General Meghan Faux, all under the oversight of First Deputy Attorney General Jennifer Levy. Visite 516abogado.com, Huggins v. Chestnut Holdings of New York, Inc.; 1425 U LLC; and Jonathan WienerCivil Action No. A copy of this disclaimer can also be found on our Disclaimer page. Bronx-based Chestnut, which has more than 6,000 units across 134 buildings, mostly in the Bronx, repeatedly failed to conduct annual inspections or remediate apartments where young children lived, even when it was asked to do so, according to court papers. Bronze in the Bronx- Visually and culturally enhancing the neighborhood with plaques, Chestnut Holdings and Dream Yard Project team up for Bronx Arts Festival, Chestnut employee featured in international magazine bringing acclaim to company Belong Magazine, Historic Sholem Aleichem Complex in the press- New York Times, South Bronx- A MAGICAL PLACE says Anthony Bourdain of CNN- New York Post, Volunteers and community cleanup Claremont Park Bronx Times. The suit alleges that Chestnut Holdings has put the health of its tenants at risk by repeatedly violating the New York City Childhood Lead Poisoning Prevention Act, 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. However, the "Google Translate" option may assist you in reading it in other languages. Chestnut Holdings is a family-owned real estate investment and management firm of properties throughout New York City. Russell Shank, a lawyer for Chestnut Holdings, says they didnt receive applications from seven of the eight people in the lawsuit. Endangering a child in the place they are supposed to feel most secure is the worst form of exploitation., We have been working hard to protect families from lead paint poisoning in Erie County and I thank the Attorney General for bringing this lawsuit against scofflaw landlords who refuse to do their part in the fight, said Erie County Executive Mark Poloncarz.