In the lawsuit, the Attorney General seeks injunctive relief requiring Chestnut Holdings to comply with the Childhood Lead Poisoning Prevention Act, including bringing all apartments into compliance with the Acts requirements, penalties for its repeated violations of the Act, and disgorgement of money it would have expended to comply with the Act. WebPhone: (718) 543-8200. '' It produced thousands of pages of documents and information, and continued to offer more evidence of compliance. This settlement shows that victories against lead poisoning are not only possible, but imperative. NEW YORK STATE ATTORNEY GENERAL. Lead paint in residential housing has been a pervasive problem for decades, particularly in New York. We acknowledge the hard work of the attorney generals legal team to bring this case to a swift and successful conclusion. Anyone relying on information obtained from Google Translate does so at his or her own risk. Chestnut Holdings is getting slapped A copy of this disclaimer can also be found on our Disclaimer page. 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. Plaintiff Huggins brings this action on himself and all similarly situated current and former employees pursuant to the FLSA and NYLL. 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 Endzones estimated 89 properties. The vast majority of these dwellings were constructed before New York banned lead paint in 1970. Select a Language Below/Seleccione el Idioma Abajo. New York Attorney General Letitia James is going after one of the largest multifamily landlords in the city for alleged lead-paint violations. 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. Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. Understanding Recent Changes to New Yorks Gun Laws, Chestnut Holdings Will Pay $300,000 for OAG Programs to Protect Children From Lead Poisoning, Ensure All Apartments Are Fully Compliant With NYC Lead Laws, Second Major Action by AG James in a Week to Protect NYC Children From Lead Paint, Hold Bad Landlords Accountable. The lawsuit, filed in October 2021, alleged that Kiggins and Endzone endangered the health of its tenants, primarily children, by repeatedly violating lead paint They failed to ensure that my constituents and New Yorkers across the city were living in homes that were free of lead paint and, in doing so, put hundreds, if not thousands, of families at risk of lead poisoning. We have met with the staff personally to Lead paint exposure is a dangerous scourge on New Yorks communities that disproportionately impacts our Black and brown children, said Attorney General James. Attorney General James thanks Erie County and the city of Buffalo for their partnership and for providing critical information for this complaint. Any future violation of the law by Chestnut Holdings will violate the agreement and subject the company to possible legal action by the OAG. Plaintiff Huggins regularly worked as many as seven days and well over 40 hours each week, including the requirement that he be on call 24 hours a day, seven days a week to deal with any issues in the residential multifamily properties that the Defendants owned. 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. Lead poisoning is completely preventable, and the city has plenty of laws on the books but they are rarely enforced. This highly toxic metal causes serious and irreversible harms, and I am committed to ensuring that landlords follow the laws to protect young children from lead poisoning.. According to a complaint her office filed today, Chestnut Holdings repeatedly exposed children to lead paint and fraudulently certified that it had complied with the law passed to prevent that. Understanding Recent Changes to New Yorks Gun Laws, Endzone Properties Barred from Owning or Managing RentalProperties 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. endstream endobj startxref She believes she was discriminated against by a broker at Chestnut Holdings. The violations by the group, which has owned and managed more than 150 single- and two-family homes in predominantly low-income communities of color, has led to dozens of reported instances of childhood lead poisoning. Lead poisoning in Onondaga County occurs predominantly within Syracuse, and disproportionately harms low-income communities and communities of color. 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. : 18-cv-1037. Initiating evictions of tenants in lead-poisoned houses in violation of New York law. That same year, Erie County was the only county in New York in which children who tested with blood lead levels exceeding 45 g/dL were reported. WebNEW PALTZ, N.Y. Chestnut Petroleum Distributors Inc. (CPD) debuted a new logo and branding for its Chestnut Markets through a partnership with GSP. The OAGs investigation into Chestnut began in 2018 and determined that the company engaged in repeated violations of the Childhood Lead Poisoning Prevention Act, including failing to inspect apartments to determine if a child under 6 years of age 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. We never thought we would be in that position, but a lot of people are. The Office of Attorney General does not make any promises, assurances, or guarantees as to the accuracy of the translations provided. All rights reserved. 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 quoteRotator.delay=5;quoteRotator.fadeDuration=1;quoteRotator.fadeoutDuration=2;quoteRotator.quotesInit(); At Chestnut Holdings, we value our relationships with our tenants and are dedicated to building and preserving our tenant communities. 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. BUFFALO New York Attorney General Letitia James, joined by Buffalo Mayor Byron Brown, today announced a lawsuit against a group of individuals and companies in the Buffalo region for repeatedly and persistently violating county, city, state, and federal laws by illegally allowing lead paint-related hazards to proliferate in their rental properties. 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.. Veritas $450M loan default: A sign of things to come? Understanding Recent Changes to New Yorks Gun Laws, AG James Takes Action to Protect Tenants from Lead Poisoning, Files Lawsuit Against Bronx-based Property Management Corp for Violations of NYC Childhood Lead Poisoning Prevention Act. I applaud Attorney General James for taking swift action to hold landlords and management companies accountable that put their tenants at risk. We believe there is a policy and practice of this management company to not rent to people who have housing vouchers, said Jean Fischman, who is representing the eight New Yorkers involved in the second case against Chestnut Holdings. 95 Students Unveil Artwork in Sheridan Avenue Apartment Lobby , Supporting Art for Children in the Bronx Culturally and Financially . This is extremely troubling for Black/African American communities because we know from national studiesthat Black children living below the poverty line are twice as likely to suffer from lead poisoning as poor white children. Back in 2018, a woman sued Chestnut Holdings for failing to accept her, Tips for Remote and Hybrid Learning in NYC. From 2018-present, the eight plaintiffs in the case experienced a range of discrimination from brokers and agents employed by Chestnut Holdings. Visite 516abogado.com, Huggins v. Chestnut Holdings of New York, Inc.; 1425 U LLC; and Jonathan WienerCivil Action No. However, the "Google Translate" option may assist you in reading it in other languages. The penalty amount is based on the extent of violations determined through the OAGs investigation. Op. Wb\M1uELF QPT20}7CL3p9e iS&JV?` 0 q Determine in which of its apartments children under 6 live; Conduct an annual investigation for lead paint hazards in all of its apartments where children under 6 live; Resolve any and all lead paint hazards identified in these inspections within 90 days of the annual investigation; and. b``$@z'@ e1 Thats what vouchers are there for.. But, far too many New York City landlords continue to ignore their obligations under the law and expose our children to wholly-preventable lead-based paint hazards. 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. The New York City Childhood Lead Poisoning Prevention Act requires owners of apartments and houses built before 1960 to take critical safety measures to prevent lead poisoning in children tenants. Lead poisoning in New York City is highest among children of color and children living in high-poverty neighborhoods; low-income children represent 66 percent, and Asian, Black, and Latino children represent 84 percent, of children under 6 in the city with elevated lead levels. I will continue to do everything within my power to uphold our lead laws and hold landlords accountable for exposing our communities to serious and irreversible harms., As a part of LeadFreeNYC, HPD is committed to keeping children safe from lead through enhanced enforcement, education, and resources for property owners to make good on their obligations, said New York City Department of Housing Preservation and DevelopmentCommissioner Louise Carroll. They neglect their properties with no regard for the families who live there, subjecting them to substandard housing and a substandard quality of life. Lead paint has been found in approximately 43 percent of all of New York dwellings. 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. All violations found in OAGs investigation, as well as all those flagged by the county and city, have been resolved in properties that are currently occupied. 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. NEW YORK New York Attorney General Letitia James today announced a lawsuit against Chestnut Holdings of New York, Inc., a property management The agreement announced today requires Chestnut Holdings to comply with the Childhood Lead Poisoning Prevention Act, including bringing all apartments into compliance with the laws provisions that it was found to have violated during the OAGs investigation. Some of the worst landlords in our city put the health and safety of New Yorkers at risk to protect their own profits, and Chestnut Holdings is near the top of my office's list, said New York City Public Advocate Jumaane Williams. This matter is being handled by Assistant Attorneys General Abigail Katowitz and Patrick Omilian, Environmental Scientist Jennifer Nalbone, Investigator Joseph Kelly, and Project Assistant Isabel Murphy, all under the supervision of Environmental Protection Bureau Chief Lemuel M. Srolovic. The following day, a tester from the NYC Human Rights Commission inquired about the same apartment that the plaintiff has. AkH5tKl#'FM|X0'UH^F+y{OBhiOio+O| l5r(>Vb[NX+Y,. The residents in Broadway-Fillmore, and throughout the entire city, have been held hostage for decades by slumlords who have left housing stock uninhabitable and detrimental to the health, safety, and sustainability of our neighborhoods. In addition, no apartments As a result, at least 18 children residing in 17 different properties owned or managed by Endzone experienced lead poisoning. James says her office reached out multiple times to Chestnut Holdings, but did not get a response. The OAG has been active in holding landlords and property managers accountable for violating childhood lead poisoning prevention laws in New York. Chestnut is considering its options including a possible lawsuit for harassment and defamation. Our children deserve to live in safe and healthy homes, not dangerous and poisonous ones. NYC workers forced to strip as boss hunted for stolen cash, lawsuit says. 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. This is the second time the property management company is being sued for housing discrimination. 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. Every family deserves to live in a home free of lead hazards, and I will work to ensure that happens.. Chestnut Holdings will pay $300,000 to the Office of the Attorney General (OAG) for initiatives to protect children from lead poisoning and ensure that all of its more than 6,000 apartments throughout New York City are in full compliance with the law. OPINION & ORDER. 9 mins read Chestnut Holdings Will Pay $300,000 for OAG Programs to Protect Children From Lead Poisoning, Ensure All Apartments Are Fully Compliant With The health impacts of lead paint in rental housing are particularly acute in the Buffalo region, where children who live in communities of color are 12 timesas likely than children who live in predominately white neighborhoods to be diagnosed with an elevated blood lead level. This kind of enforcement is an important aspect of our states larger efforts to ensure that all New Yorkers have access to high-quality, safe, and affordable housing, said State Senator Brian Kavanagh. All New Yorkers deserve to live in a safe and healthy home, and this is a great step in ensuring that our tenants are protected from lead exposure., Lead is a serious public health issue that, if not properly addressed, can lead to life altering medical complications for young children and families living in New York City, said New York CityCouncil Member Vanessa Gibson. Protecting the health and safety of our tenants should always be our number one priority., Attorney General Letitia James deserves high praise for this important victory protecting New Yorkers against lead poisoning, said New York CityCouncil Member Robert Cornegy. This highly toxic metal causes serious and irreversible harms, and I am committed to ensuring that landlords follow the laws to protect young children from lead poisoning.. I look forward to continuing to work with the attorney general and our colleagues at all levels of government, to prevent these types of abuses going forward., Access to safe housing is a human right. The State of New York, its officers, employees, and/or agents shall not be liable for damages or losses of any kind arising out of, or in connection with, the use or performance of such information, including but not limited to, damages or losses caused by reliance upon the accuracy of any such information, or damages incurred from the viewing, distributing, or copying of such materials. We see it in landlords big and small., Mallery Morrison, 39, is one of the plaintiffs in the case. Chestnut Holdings has recently come under fire for allegedly turning away tenants with housing vouchers. HONORABLE PAUL A. CROTTY United States District Judge. 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, which requires property owners to take several critical measures to prevent children under six from being exposed to paint with dangerously high levels of lead. This matter is being handled by Attorney General James Environmental Protection Bureau by Assistant Attorney General Abigail Katowitz, Special Counsel of the Health Care Bureau Sara Haviva Mark, and Chief Scientist Jodi Feld, under the supervision of Deputy Bureau Chief Monica Wagner. The event brought out close to100 volunteers who enjoyed a great day of helping to beautify and restore Claremont Park. The art will continue to hang in the building lobby for all residents to enjoy. 2 3-4, The landlord also falsely certified in new leases that it had complied with the New York City Childhood Lead Poisoning Prevention Act, the complaint alleged. Through the Mayors LeadFreeNYC initiative, we will continue to work with our partners on all levels of government to keep New Yorkers safe and drive lead exposure down to zero," said NYC Housing Preservation and Development (HPD) Commissioner Louise Carroll. Last week, she reached a pre-suit agreement with A&E Holdings to ensure that children living in its NYC apartments are protected from dangerous lead-based paint. The investigation was initiated in 2017, according to a source familiar with the matter. It is as immoral as it is illegal that a landlord would knowingly expose families to lead poisoning, which disproportionately threatens the health and development of Black and brown children, said Attorney General James. The CDC recommends that children with blood lead levels higher than 5 g/dL undergo case management to prevent further exposure and to avoid reaching a level that requires medical intervention. I am proud to have the city be a partner in this suit with Attorney General James and our partners in the county, said Buffalo Mayor Byron Brown. 18 Civ. 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. 1037 (PAC). Chestnuts strong safety record speaks to its commitment to all of its tenants, its communities, and its neighbors, but most especially children.. 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. This Google translation feature is provided for informational purposes only. The State of New York, its officers, employees, and/or agents shall not be liable for damages or losses of any kind arising out of, or in connection with, the use or performance of such information, including but not limited to, damages or losses caused by reliance upon the accuracy of any such information, or damages incurred from the viewing, distributing, or copying of such materials. Please click on the link below to access our payment processing portal- provided through ClickPay http://login.clickpay.com/chestnutholdings This Google translation feature is provided for informational purposes only. All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. Revelations in 2018 that the New York City Housing Authority covered up exposure to lead which can damage childrens brains shocked the public and led to the appointment of a federal monitor. Young children are more likely to be exposed to lead than any other age group. Chestnut purchased its first building in the Bronx in 1997, and still owns that property today a testament to the firms long-term commitment to enhancing and effectively managing its properties. Anyone relying on information obtained from Google Translate does so at his or her own risk. 95 worked with DreamYards art instructors to create an art display that was unveiled in the lobby of Chestnuts building at 1504 Sheridan Avenue. Geoffrey S. Berman, the United States Attorney for the Southern District of New York (SDNY), and Peter D. Lopez, Regional Administrator of the U.S. Environmental Protection Agency (EPA), announced today that the United States has filed a civil lawsuit against Chestnut Petroleum Distributor, Inc., and its affiliates CPD Energy Corp., CPD Since 2012, 87 percent of all lead poisoned children in Onondaga County were from Syracuse. A copy of this disclaimer can also be found on our Disclaimer page. I hope this settlement serves to let all property owners know how seriously HPD and the attorney general take lead-based paint compliance and encourages them to find out more about how to properly comply.. NEW YORK STATE ATTORNEY GENERAL. )D Throughout Plaintiffs employment, Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). agreement in her lawsuit against Chestnut Holdings of New York, Inc. (Chestnut Holdings), a property management corporation, over its failures to protect children from lead paint hazards in New York City, she reached a pre-suit agreement with A&E Holdings to ensure that children living in its NYC apartments are protected from dangerous lead-based paint. However, it is 2020 and we still have thousands of cases of New York City children that tested positive for lead poisoning, and it is children from low-income communities and communities of color, like those we represent in Northern Manhattan, that suffer the most. All rights reserved. Last month, Mayor Bill de Blasio signed into law four bills targeting landlords to strengthen enforcement of lead-paint rules. The Environmental Protection Bureau is part of the Division of Social Justice, led by Chief Deputy Attorney General Meghan Faux, and all under the oversight of First Deputy Attorney General Jennifer Levy. Hopefully, legal actions like this one will send a message to others who might choose to ignore lead poisoning prevention laws that such behavior will not be tolerated. It's the first-ever lawsuit filed by the Office of the Attorney General for failing to comply with the lead poisoning prevention law. As reported in Crains New York Business, Chestnut Holdings is trying to evict WeWork from a midtown New York City building, and has filed a suit stating that it is Sticker shock: Ranking South Floridas priciest residential rentals, Here are Chicago's top 10 construction permits issued in May. 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, which requires property owners to take several critical measures to prevent children under six from being exposed to paint with dangerously high levels of lead. This gallery provides a glimpse of the beautifully renovated complex in recent months during both the Fall and Winter seasons. Chestnut exceeds any reasonable standards in inspecting its units and trying to address all safety concerns, especially the presence of lead, a spokesperson for the landlord said. Follow her on Linkedin to learn more. In September 2020, she 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.
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