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Landlords worried over lead paint legislation.


A lead-paint proposal vetoed by Mayor Bloomberg last month may find its way into law by City Council override this week, much to the chagrin of the owners of older buildings.

Although the mayor vetoed 101-A, which would replace less stringent local laws 38 and 1, the city council is expected to override the mayor's veto Feb. 4.

The bill includes a presumption that any peeling paint in a building constructed before 1960 is presumed to be lead paint--leaving the owner liable for abatement and possibly damages, even when no lead paint is found in the apartment. Owner-occupied cooperatives and condominiums are exempt from the law.

The law states owners must prevent the reasonably foreseeable occurrence of lead hazards and remediate them. Owners must also address any underlying defects that may cause lead hazards in apartments and common areas.

The new law didn't sit too well with landlords attending a seminar held last week by Kaye Insurance at the Princeton Club The Princeton Club of New York is a social organization in New York City catering to faculty and alumni of Princeton University in Princeton, New Jersey.

Incorporated on Dec. 7, 1899, the club has had four homes before settling into its current clubhouse at 15 W.
 on 43rd Street. At one point, one angry landlord asked Harold Schultz, special counsel to the New York City New York City: see New York, city.
New York City

City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S.
 Department of Housing Preservation and Development, why HPD HPD Honolulu Police Department (Honolulu County, Island of Oahu)
HPD Housing Preservation and Development
HPD Housing Preservation and Development (New York City Department) 
 was "so against the landlords."

"HPD recommended this bill be vetoed," Schultz shot back.

Supporters of the bill include City Council Speaker Gifford Miller Alan Gifford Miller (born November 6, 1969) is the former Speaker of the New York City Council, where he represented Council District 5. Barred from seeking reelection due to term limits, the Democrat ran in the Democratic primary for the opportunity to run against incumbent , who in announcing his support for the bill, said it would protect the city's children.

Joseph Strasburg, president of the Rent Stabilization Association, has said that through assumption, the bill would make landlords liable for lead poisoning lead poisoning or plumbism (plŭm`bĭz'əm), intoxication of the system by organic compounds containing lead.  in children, even when there is no lead paint present in a suspected dwelling.

And although such a practice is illegal, Strasburg warned that some landlords may feel disinclined dis·in·clined  
adj.
Unwilling or reluctant: They were usually disinclined to socialize.


disinclined
Adjective

unwilling or reluctant

 to rent to families with young children.

John McCarthy, executive vice president of the Community Preservation Corporation, insisted he favors responsible safety measures safety measures,
n.pl actions (e.g., use of glasses, face masks) taken to protect patients and office personnel from such known hazards as particles and aerosols from high-speed rotary instruments, mercury vapor, radiation exposure, anesthetic and
 to prevent lead poisoning in children. But he decried the measures outlined in 101-A as "extremely onerous record-keeping requirements"

"A responsible owner could trip up on many of these things," McCarthy said.
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Article Details
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Author:Moore, Peter
Publication:Real Estate Weekly
Geographic Code:1USA
Date:Feb 4, 2004
Words:333
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