The paint in a lot of Queens apartments is older than the people living in them. In buildings put up before 1960, there is a good chance that somewhere under the newer coats sits paint made with lead. Most of the time it stays there, sealed and harmless. The trouble starts when it doesn't: when a window sash grinds it into dust every time it opens, when a radiator cover flakes onto the floor, when a sloppy renovation in the unit next door sends a fine gray film across a child's play mat.
We wrote this guide for parents and tenants who have just heard the words "elevated blood lead level" from a pediatrician and want to know what comes next. A lead poisoning lawyer in Queens looks at the same questions you are already asking: where did the lead come from, who was supposed to stop it, and what does this mean for my child over the long run. Some of the answers are medical. Many of them are legal, and in New York City the law is unusually specific.
The short version
- Lead affects developing brains, and there is no known safe level in children. The CDC uses a blood lead reference value of 3.5 micrograms per deciliter to flag children with higher exposure than most.
- New York City's Local Law 1 of 2004 puts real, written duties on landlords of older buildings where young children live. When a landlord ignores them, that failure is often the backbone of a case.
- Children's claims usually have far more time than adults' claims, because New York pauses the clock for minors. But evidence does not wait, and claims against the City or NYCHA carry a 90-day notice requirement.
- The first priority is getting the child out of exposure and into follow-up care. The legal work runs alongside that, not instead of it.
How children in Queens actually get exposed
People picture a toddler chewing on a paint chip. That happens, but the far more common route is dust. Lead paint on friction and impact surfaces wears down into particles too small to see. Those particles settle on floors and window sills, get on hands and toys, and go into mouths. A child who crawls and puts things in their mouth, which is to say almost every child under three, can take in a meaningful dose without anyone noticing.
In our experience, the usual suspects in older Queens housing are:
- Windows. Wooden sashes and sills are the classic source. Every time the window slides, the painted surfaces rub together.
- Doors and door frames, especially where hinges and edges rub.
- Radiators and radiator covers, which heat and cool, crack and flake.
- Stairs, railings and baseboards in hallways and inside units.
- Renovation dust. Sanding, scraping or demolition done without lead-safe work practices can contaminate a whole floor in an afternoon.
Other sources exist. Some imported spices, cosmetics, ceramics and folk remedies have been found to contain lead, and the City Health Department has issued warnings about specific products. Soil near busy roads and old industrial sites can carry lead too. A good case investigation does not assume the paint is the answer; it tests for it.
What Local Law 1 requires of landlords
New York City has had lead paint rules on the books for decades, and the current framework is the Childhood Lead Poisoning Prevention Act, known as Local Law 1 of 2004. The City's housing agency, HPD, publishes a plain-language summary on its lead-based paint page. In broad strokes, the law applies to multiple dwellings, meaning buildings with three or more apartments, built before 1960. It can also apply to buildings built between 1960 and 1978 if the owner knows there is lead paint.
For those buildings, the core duties look like this:
- Find out where young children live. Owners must send an annual notice asking whether a child under six lives in, or regularly spends time in, each apartment.
- Inspect those apartments at least once a year for peeling paint, chewable surfaces, deteriorated subsurfaces and friction or impact surfaces.
- Fix hazards safely, using trained workers and lead-safe work practices, and clean up with specialized methods so the repair does not create more dust than it removes.
- Prepare apartments at turnover. Before a new tenant moves in, the owner must address lead hazards, including making door and window friction surfaces lead-safe.
- Keep records of notices, inspections and repairs.
City law has been tightened since 2004. Among other changes, the City now requires owners to have apartments in covered buildings tested for lead paint by a certified inspector using X-ray fluorescence (XRF), and HPD states that by August 2025 owners were required to test all painted surfaces in covered apartments one time. If your landlord cannot produce an XRF report, ask why.
A landlord who never sent the annual notice, never inspected, and never fixed the peeling sill is not just a bad landlord. Under New York law, that pattern can be evidence of negligence.
How fault is proven in a New York lead case
Lead cases against landlords usually turn on notice: did the owner know, or should the owner have known, about the hazard? New York's highest court addressed this in Chapman v. Silber (2001). The court said a jury can find that a landlord should have known about a lead paint hazard where the landlord retained a right to enter the apartment and make repairs, knew the building was built when lead paint was still in use, knew the paint was peeling, knew lead paint was hazardous to young children, and knew a young child lived in the apartment.
In New York City, Local Law 1 strengthens that picture because it imposes specific duties on owners of older multiple dwellings. A landlord who skipped the annual notice or inspection is in a difficult position arguing they had no idea what was on the walls.
The evidence that tends to matter most:
- The child's blood lead test results, including the first elevated result and every follow-up.
- Any Health Department investigation and the Order to Abate or other violations it produced.
- HPD violations and complaint history for the building, much of which is public.
- Photographs of peeling paint, dust, window sills and any renovation work, ideally with dates.
- Your texts, emails and 311 complaints asking the landlord to fix conditions.
- Lease records showing when the family moved in and the child's age at the time.
- The landlord's own Local Law 1 records, or the absence of them.
Blood lead testing: the numbers parents hear
New York State requires health care providers to test children's blood lead levels at age 1 and again at age 2, and to assess risk through age six. A finger-stick screening test that comes back high is usually confirmed with a venous blood draw.
Results are reported in micrograms per deciliter (µg/dL). New York State lowered its definition of an elevated blood lead level to 5 µg/dL several years ago, which is the level that triggers environmental follow-up, including a home inspection by the local health department. The CDC's lower reference value of 3.5 µg/dL is a screening benchmark rather than a legal line. The NYC Health Department's page on children and lead poisoning explains what happens after an elevated test in the city.
Parents often ask whether a specific number means their child "has a case." There is no magic threshold. The questions are what the exposure was, how long it lasted, whether it was preventable, and what effects the child's doctors and specialists are seeing or anticipate. Some effects of lead exposure on attention, learning and behavior may not be measurable until a child is in school.
NYCHA buildings and city-owned housing
A large share of Queens public housing was built long before 1960. NYCHA has faced years of scrutiny over lead paint inspections and abatement, and since 2019 it has operated under a federal monitorship agreement in which lead is a central issue.
For families, the practical point is legal rather than political: claims against NYCHA or the City generally require a notice of claim served within 90 days under General Municipal Law § 50-e. Courts can sometimes allow a late notice, especially for a child, but that is an application you would rather not need. If you live in a NYCHA development and your child tests high, speak with a lawyer early about that notice.
How long do you have?
This is where lead cases differ from most injury claims. A few rules interact:
| Rule | What it generally means |
|---|---|
| Three-year negligence period (CPLR 214) | The baseline period for personal injury claims. |
| Toxic exposure discovery rule (CPLR 214-c) | For injuries caused by exposure to substances, the clock generally runs from discovery of the injury, or when it should have been discovered. |
| Infancy toll (CPLR 208) | For a child, the time to sue is generally paused until the child turns 18. |
| Notice of claim for City and NYCHA (GML § 50-e) | Generally 90 days to serve notice, with the lawsuit due within one year and 90 days, subject to tolling and court-ordered extensions. |
Because of the infancy toll, many lead claims for children can be brought years later. That is not a reason to wait. Landlords sell buildings, insurers change, apartments are renovated and old paint is covered over, and the witnesses who saw the peeling sills move away. For more on deadlines in general, read our guide on what happens if you miss the statute of limitations in New York.
What compensation can cover
A child's lead case is built around the future as much as the past. Depending on the facts, damages can include:
- Past and future medical care, including neuropsychological testing and follow-up with specialists.
- Educational support, tutoring and therapy recommended by experts.
- Loss of future earning capacity, where experts can tie cognitive effects to long-term outcomes.
- Pain, suffering and loss of enjoyment of life.
- A parent's own claim for the medical expenses they paid while the child was a minor.
Settlements for children in New York must be approved by a court, and the money is typically protected until the child reaches adulthood, through a structured settlement, a restricted bank account or a supplemental needs trust where appropriate. That process exists to protect the child, and a careful lawyer plans for it from the beginning. Our settlements page shows the kinds of results the firm has obtained in other injury matters, though every case is different.
The first 30 days after an elevated result
If you have just received an elevated test, here is a practical order of operations:
- Follow the pediatrician's plan. Get the confirmatory test, schedule follow-ups and ask about nutrition. Iron, calcium and vitamin C can affect how the body absorbs lead.
- Cooperate with the Health Department. Inspectors may come to test paint, dust, soil, water and household products. Their findings become important records.
- Clean carefully. Wet-wipe sills and floors rather than sweeping or vacuuming with a regular vacuum, which can spread dust. Wash hands and toys often.
- Do not scrape or sand anything yourself. That can make exposure worse and destroy evidence.
- Write to your landlord. A short, dated written request for repairs creates a record. Keep copies.
- Photograph everything, including the condition of windows, radiators, doors and any work being done in the building.
- Call 311 about peeling paint or unsafe work practices if the landlord does not respond.
- Talk to a lawyer before signing anything from the landlord or an insurer, especially anything that mentions a release.
When renovation is the cause
Some of the worst exposures we hear about have nothing to do with the family's own apartment. They come from a gut renovation two doors down, done fast and without containment. Federal rules require contractors who disturb paint in pre-1978 housing to be certified and follow lead-safe practices, and New York City adds its own requirements for work in buildings covered by Local Law 1. When a contractor ignores those rules, both the contractor and the owner who hired them may be responsible.
If you see dry sanding, open demolition with no plastic sheeting, or dust piling up in common hallways, take photos and video, note the date and time, and report it. That record can be decisive later.
Lead and older private homes
Local Law 1 focuses on multiple dwellings, but lead does not respect building categories. Families renting a floor of a two-family house in Rosedale, Laurelton or Richmond Hill can face the same hazards. Other legal theories, including general negligence and the landlord's duty to keep premises reasonably safe, can still apply. The facts about notice, repairs and the landlord's knowledge matter even more in those cases. Our premises liability practice handles unsafe-property claims of all kinds.
And if the exposure traces back to a consumer product rather than a building, such as a contaminated spice, a toy or a cosmetic, the claim may be a product case instead. Our guide to product liability claims in Queens explains how those work.
How we approach these cases
Lead cases are slow, document-heavy and deeply personal. We start by listening, then by gathering: medical records, Health Department files, HPD history, the landlord's paperwork and your own photos and messages. We work with medical and environmental professionals where the case calls for it. And we keep the focus where it belongs, on the child's health and future, not on a quick number.
If you want to understand where you stand, contact us or call 718.775.3110. Consultations are free, and the firm works on a contingency fee, which means no fee unless we win.
Directions to Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, in southeast Queens near the Queens–Nassau border. The map below shows the route from Queensbridge Houses, Long Island City. We also meet clients by video, at home or in the hospital.
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Lead poisoning FAQ
Can I sue my landlord if my child has lead poisoning?
Possibly. The question is usually whether the landlord knew or should have known about a lead hazard and failed to fix it. In New York City, a landlord of an older multiple dwelling who ignored Local Law 1 duties, like the annual notice, yearly inspections or safe repairs, may face a strong negligence claim. Every case depends on its facts and the medical evidence.
What blood lead level is considered elevated in New York?
New York uses 5 micrograms per deciliter as the level that triggers public health follow-up, including an environmental investigation. The CDC's reference value of 3.5 µg/dL is a lower screening benchmark. No level of lead in a child's blood is considered safe.
How long does a child have to bring a lead paint claim in New York?
The time limit for a child is generally paused until age 18 under CPLR 208, which can give families years to act. But claims against NYCHA or the City require a notice of claim, generally within 90 days, and evidence gets harder to find over time. Speak with a lawyer early.
Does Local Law 1 apply to my building?
It generally applies to buildings with three or more apartments built before 1960, and to buildings built between 1960 and 1978 if the owner knows lead paint is present. Private houses with one or two units are generally not covered by Local Law 1, though other legal duties can still apply.
Will my landlord evict me if I complain about lead?
New York law protects tenants from retaliation for good-faith complaints about housing conditions, including complaints to government agencies. Keep copies of every complaint and request. If you are threatened with eviction after reporting lead, tell your lawyer right away.