Bronx Child's $2.35M Lead Poisoning Award Spotlights NYC Housing Crisis

BRONX, NY – January 13, 2026 – A Bronx family has secured a $2.35 million settlement after their young child suffered severe and permanent neurological damage from chronic exposure to lead-based paint in their apartment. The settlement, announced by The Frankel Law Firm, resolves a lawsuit against the building's owners and management company for negligence, highlighting the devastating consequences that persist in New York City's older housing stock despite decades of regulation.

The case underscores a painful reality for many city residents: the danger of lead paint is not a relic of the past. For this child, the exposure resulted in blood lead levels soaring to 34 micrograms per deciliter (µg/dL), a figure more than nine times the level of 3.5 µg/dL that the Centers for Disease Control and Prevention (CDC) uses as a reference for intervention. The settlement funds are designated to provide a lifetime of specialized medical care, educational support, and other essential services for injuries that were entirely preventable.

The Human Cost of a Preventable Tragedy

The life of the young plaintiff was irrevocably altered before it had barely begun. The toxic legacy of lead exposure manifested as significant neurocognitive deficits, heme inhibition (which interferes with the body's ability to create hemoglobin), and persistent, debilitating headaches. These are not temporary ailments; they represent a permanent rewiring of a developing brain, leading to lifelong learning disabilities, behavioral challenges, and a future that will require constant medical monitoring and support.

Lead poisoning is often called a “silent epidemic” because its initial symptoms can be subtle and easily mistaken for common childhood issues. Parents may notice irritability, developmental delays, difficulty concentrating, loss of appetite, or fatigue. By the time blood tests confirm elevated lead levels, irreversible damage may have already occurred. In this case, the child’s blood lead level of 34 µg/dL is considered a severe case of poisoning, associated with profound and lasting health consequences.

The $2.35 million settlement, while substantial, is not a windfall. It is a calculated provision intended to cover the extraordinary costs of navigating a life impacted by lead poisoning. This includes access to specialized schools equipped to handle significant learning disabilities, ongoing therapies to manage cognitive and behavioral issues, and continuous medical supervision to address the long-term physiological effects of lead in the body. It is a financial acknowledgment of a future stolen by a landlord’s failure to provide a safe home.

A Legal Reckoning for Landlord Negligence

The lawsuit alleged that the property owners and their management company were negligent in their duties, specifically by failing to comply with New York City’s Local Law 1 of 2004. This landmark legislation, officially the “Childhood Lead Poisoning Prevention Act,” was designed to shift the city’s approach from reaction to prevention. It places a direct and proactive responsibility on landlords of buildings constructed before 1960, where the vast majority of lead paint hazards exist.

Under Local Law 1, landlords are legally required to annually inspect apartments for lead-based paint hazards, such as peeling paint and lead dust, if a child under six resides there. They must also use certified workers and lead-safe work practices for any repairs that disturb painted surfaces. The law mandates that property owners must identify and remediate these hazards, regardless of whether a tenant has complained.

In this Bronx case, the landlord’s failure was not just a matter of allegation. The New York City Department of Health and Mental Hygiene (DOHMH) had already intervened, issuing official violations that documented the presence of lead paint hazards within the child’s apartment. This documentation provided clear evidence of the defendants’ failure to maintain safe living conditions as required by law.

"This settlement represents justice for a child whose life has been forever altered by preventable lead exposure," stated Reuven Frankel, lead counsel for the plaintiffs, in the press release. "Landlords have a legal and moral obligation to maintain safe, lead-free homes for families with young children. When they fail to do so, they must be held accountable."

The legal framework holding landlords responsible has been progressively strengthened over the years, often through precedent-setting cases. The Frankel Law Firm was instrumental in two such cases: Juarez v. Wavecrest Management Team Ltd., which established that landlords must ensure apartments are lead-safe even if they are unaware a child lives there, and Munoz v. Puretz, which extended liability to prenatal lead exposure. This latest settlement reinforces the powerful legal tools available to tenants and serves as a stark financial warning to property owners who might consider cutting corners on safety.

NYC's Lingering Battle with a Toxic Legacy

While this settlement provides for one child, it casts a harsh light on a city-wide public health crisis that continues to fester, particularly in low-income neighborhoods in the Bronx, Brooklyn, and Upper Manhattan. New York City has made significant strides, reporting a decrease of over 92% in childhood lead poisoning cases since Local Law 1 was enacted. However, thousands of children are still exposed each year.

The city’s housing stock is one of the oldest in the nation. An estimated two-thirds of residential units were built before 1960, the year lead-based paint was banned for interior use in NYC. These buildings contain layers of old paint that, when deteriorating, create invisible but highly toxic dust that children can easily ingest.

Recognizing the persistent threat, the New York City Council has passed several amendments to strengthen Local Law 1. Local Law 66 of 2019 lowered the official definition of lead-based paint, requiring more sensitive detection methods. More significantly, Local Law 31 of 2020 mandated that by August 9, 2025, all pre-1960 residential units must be inspected for lead paint using high-tech X-Ray Fluorescence (XRF) analyzers. This shifts the burden from relying on visual inspections of peeling paint to proactively identifying the mere presence of lead, a critical step toward true prevention.

These enhanced regulations aim to close loopholes and force a more aggressive approach to abatement. However, their effectiveness hinges on rigorous enforcement by the Department of Housing Preservation and Development (HPD) and full compliance from hundreds of thousands of landlords, a monumental undertaking that public health advocates watch with cautious optimism.

A Guide for Concerned Families

For parents living in older buildings, awareness and vigilance are the first lines of defense. It is crucial to know the warning signs of lead poisoning, which include developmental delays, learning difficulties, irritability, loss of appetite, weight loss, abdominal pain, and fatigue. Any child living in a building constructed before 1978—when lead paint was banned nationwide—is at an elevated risk.

Under city law, tenants have powerful rights. If you live in a pre-1960 building with a young child and see peeling or damaged paint, you should immediately notify your landlord in writing and call 311 to report the condition to HPD. HPD is required to send an inspector and can issue violations that force the landlord to make repairs using lead-safe practices. Parents should also speak with their pediatrician about getting their child tested for lead exposure, which is a simple blood test. Early detection is critical to mitigating the potential harm and preventing further exposure.