Environmental justice groups sued New York’s Department of Health on Aug. 6 for leaving tenants at risk of lead poisoning. The lawsuit argues that regulations by the DOH fail to properly implement a national lead poisoning prevention law.
The lawsuit was filed in New York State Supreme Court by AVillage Inc., WE ACT for Environmental Justice and the New York Public Interest Research Group Fund, all of which were represented environmental law organization Earthjustice.
According to a press release from Earthjustice, New York has the greatest number of children with elevated blood lead levels in the country. The case comes after a new inspection law was passed in 2023, which the lawsuit alleges is not being met adequately in New York.
“The law protects tenants from lead in their homes. Now it’s time for the regulations to do the same,” said Torie Atkinson, senior attorney at Earthjustice. “Without complete and accurate inspections and the elimination of any lead found in the home, New York children will continue to face serious and irreversible harm from lead exposure.”
Groups say the regulations do not adequately address lead exposure from friction and impact surfaces, porches and soil and claim that the DOH is using obsolete metrics for determining levels of lead in soil and paint. Additionally, the groups allege that the DOH fails to require proper certification for inspectors.
"Lead poisoning is one of the most preventable public health crises we continue to face, yet it still disproportionately impacts low-income communities and communities of color," said Eva Bass, executive director of AVillage Inc. and a resident of Albany. "The Department of Health must implement this program in a way that prioritizes prevention, equity, and accountability."
The groups are also challenging a provision they say weakens existing protections by allowing landlords to repaint over lead hazards in homes where children have previously tested with elevated blood lead levels.
