February 4, 2005 - Lead Law Ruling Reaffirmed
An appeals court panel yesterday stopped a lawsuit, citing speculation and insufficient evidence of "injury in fact" by landlords challenging the city's lead paint law. In its decision, the court wrote that the suit's claim "that the local ordinance will lead to a reduction in affordable housing and an increase in cases of lead poisoning -- is speculative and insufficient to establish 'injury in fact.'" The Appellate Division of State Supreme Court reaffirmed a lower court's dismissal of a lawsuit challenging the law, which took effect last year after the City Council passed it over the objections of the Bloomberg administration. The Rent Stabilization Association, representing property owners and agents, had brought the suit against Council Speaker Gifford Miller.
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