Additionally, in September 2020, Attorney General James sued a group of Buffalo individuals and companies for repeated violations of city, county, state, and federal laws by illegally allowing lead paint-related hazards to accumulate in their rental properties. Lindo claims he attempted to rent a Chestnut apartment in 2019, but never heard back from his broker after revealing he would be paying his entire rent with a housing voucher. According to the complaint, 600 children in Chestnut Holdings buildings are under the age of six and receive Supplemental Nutrition Assistance Program benefits, colloquially known as food stamps. From 2018-present, the eight plaintiffs in the case experienced a range of discrimination from brokers and agents employed by Chestnut Holdings. The OAG began its investigation into Dalfin and the other individuals and entities in 2017, when upon a painstaking review of county and city violation histories, tax records, deed transfers, and corporate filings, the office identified the interrelated group of landlords and property managers with a record of repeated and persistent lead paint violations and childhood lead poisonings. The agreement was jointly filed by Attorney General James and the New York City Department of Housing Preservation and Development (HPD) in the Supreme Court of New York, Bronx County for final approval. The Environmental Protection Bureau is a part of the Division of Social Justice, which is led by Chief Deputy Attorney General Meghan Faux, and all under the oversight of First Deputy Attorney General Jennifer Levy. ", It is our responsibility to ensure the health and wellness of our families in New York City, said New York City Council Member Vanessa Gibson. 18 Civ. The rate of lead poisoning in New York City is highest in children of color and those who live in low-income areas. Veritas $450M loan default: A sign of things to come? It is wrong and unacceptable. The rental housing operations addressed in the suit are controlled by Angel Elliot Dalfin. AkH5tKl#'FM|X0'UH^F+y{OBhiOio+O| l5r(>Vb[NX+Y,. This is incredibly pervasive in New York City. The company was later dropped from the suit. As a result, at least 18 children residing in 17 different properties owned or managed by Endzone experienced lead poisoning. WebChestnut and Bronx is Blooming . Select a Language Below/Seleccione el Idioma Abajo. Too many suffer from a lifetime of avoidable debilities here in New York City. Plaintiff Huggins regularly worked as many as seven days and well over 40 hours each week, including the requirement that he be on call 24 hours a day, seven days a week to deal with any issues in the residential multifamily properties that the Defendants owned. Todays agreement, negotiated in partnership with Onondaga County and the City of Syracuse, permanently bans Kiggins and Endzone from managing or owning residential rental properties in the state of New York. She's passionate about the future of work and helping Latin American freelancers achieve time, location, and financial freedom. The passage of the New York City Childhood Lead Poisoning Prevention Act in 2004 made it possible to systematically and equitably erase lead hazards in housing across the city and promised to end childhood lead poisoning by 2010. Bronx-based Chestnut, which has more than 6,000 units across 134 buildings, mostly in the Bronx, repeatedly failed to conduct annual inspections or remediate apartments where young children lived, even when it was asked to do so, according to court papers. Endzone has sold all the properties it owned and all of the properties it once managed are now under new management. New York State has the highest percentage of buildings built before 1950 in the nation. The OAGs investigation into Chestnut began in 2018 and determined that the company engaged in repeated violations of the Childhood Lead Poisoning Prevention Act, including failing to inspect apartments to determine if a child under 6 years of age lives there, failing to conduct complete annual investigations of apartments for hazards that are conducive to lead poisoning, and failing to take the necessary measures when an apartment turns over. Attorney General James thanks Onondaga County and the City of Syracuse for their partnership in this matter. All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. Unfortunately, some landlords have ignored that responsibility with impunity., New York Lawyers for the Public Interest supports Attorney General Letitia James' offices action today to protect families from toxic lead exposure through enforcement of New York Citys Childhood Lead Poisoning Prevention Act, Local Law 1 of 2004, said Christine Appah, senior staff attorney, Environmental Justice Program, New York Lawyers for the Public Interest. Students from P.S. This gallery provides a glimpse of the beautifully renovated complex in recent months during both the Fall and Winter seasons. I thank our attorney general for putting our children first and ensuring that a message is sent to all landlords, that neglectful and dangerous behavior will no longer be accepted., Not only is New York Attorney General Letitia James holding criminally negligent landlords accountable for putting the health of our children at risk, but she is also using funds from these fines to protect other children from toxic lead poisoning, said Sonal Jessel, policy director, WE ACT for Environmental Justice. Select a Language Below/Seleccione el Idioma Abajo. In the lawsuit, the Attorney General seeks injunctive relief requiring Chestnut Holdings to comply with the Childhood Lead Poisoning Prevention Act, including bringing all apartments into compliance with the Acts requirements, penalties for its repeated violations of the Act, and disgorgement of money it would have expended to comply with the Act. The lawsuit, filed in February 2020, alleged that Chestnut Holdings put the health of its tenants, primarily children, at risk by repeatedly violating New York Citys lead poisoning prevention laws, which require landlords to take critical measures to prevent children under 6 years old from being exposed to paint with dangerously high levels of lead. Childrens lives and futures are a stake in this ongoing effort, and the actions we take today will help to safeguard our youth and punish those who would harm them., Families living in Buffalos older, distressed properties are disproportionately vulnerable to the serious health consequences of lead poisoning, said U.S. Representative Brian Higgins. Lead poisoning is devastating for a childs future health, and I applaud Attorney General James for taking swift measures to ensure this never happens again., These settlement agreements are showing landlords who have generally acted autonomously for decades that they can no longer ignore their duty and continue to put the health and safety of our communities at risk, said New York CityCouncil Member Oswald Feliz. On 04/29/2020 Avery, Mary filed a Property - Other Property lawsuit against 1560 GC LLC Chestnut Holdings of New York, Inc Wiener, Jonathan Rieder, Ben Department of Buildings Department of Housing Preservation and Development.This case was filed in Bronx County Courts, Bronx County Civil Court located in Washington, New Here are Your Next Best Options. AG Letitia James Sues Chestnut Holdings for Lead Poisoning - The Real Deal Attorney general sues Chestnut Holdings for lead paint According to the lawsuit, This agreement with Endzone Properties is proof of that collaboration, and I thank the attorney general and her team for their partnership in this effort., The message is clear: Landlords who repeatedly put children and families at risk of lead poisoning are not welcome in the City of Syracuse. Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. They neglect their properties with no regard for the families who live there, subjecting them to substandard housing and a substandard quality of life. This is unacceptable, and I am very proud of Attorney General Letitia James for her work to hold Chestnut Holdings accountable., Many of my Bronx constituents have been exposed to dangerously high levels of lead paint in their homes, putting young children at risk, said State Assemblymember Kenny Burgos. The landlords frequently allowed paint on their properties to deteriorate to the point of being a lead hazard instead of preventing deterioration of paint, as required by local and state building codes, and only addressed the lead hazard after a lead-poisoned child was discovered. Additionally, Chestnut Holdings has repeatedly certified in new leases that it has complied with the Childhood Lead Poisoning Prevention Acts turnover requirements, even though it had not done so. The Environmental Protection Bureau is part of the Division of Social Justice, led by Chief Deputy Attorney General Meghan Faux, all under the oversight of First Deputy Attorney General Jennifer Levy. According to a complaint her office filed today, Chestnut Holdings repeatedly exposed children to lead paint and fraudulently certified that it had complied with the law passed to prevent that. In October 2000, partnerships comprising Lenfest and several other individuals involved in the Philadelphia real estate scene, along with a related entity However, the "Google Translate" option may assist you in reading it in other languages. WebChestnut Holdings is a family-owned real estate investment and management firm with a strong track record as an owner-manager of properties throughout New York City. The lawsuit against In fact, lead paint has been found in approximately 43 percent of all of New Yorks dwellings. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. NEW YORK New York Attorney General Letitia James today announced a lawsuit against Chestnut Holdings of New York, Inc., a property management The health code thus requires lead paint to be enclosed with a rigid surface, such as drywall. I commend Attorney General Letitia James for filing suit against landlords who have so flagrantly ignored the laws we have put in place to protect our children. Attorney General James thanks Erie County and the city of Buffalo for their partnership and for providing critical information for this complaint. Nathaniel Ari Weisbrot, Esq. I thank Attorney General James for taking on one of the largest slumlords in Buffalo and holding them to account for their negligence., Recognizing that approximately 80 percent of Buffalos children with elevated blood lead levels live in rental singles and doubles, the Buffalo and Erie County Lead Safe Task Force has been linking arms with partners in the city, county and New York state to eradicate lead poisoning in many ways, said Cara Matteliano, senior director, Policy and Strategic Partnerships, Community Foundation for Greater Buffalo, convener of the Buffalo & Erie County Lead Safe Task Force. Throughout Plaintiffs employment, Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). The New York attorney general is filing a lawsuit against a Bronx-based property management company for violations of the city's Childhood Lead Poisoning Prevention Act. The vast majority of older, painted buildings contain some paint with lead levels higher than these bans allow. There is no excuse for landlords failing to abide by the law and protect the health of their tenants.. She is a courageous advocate for the children and families of Western New York., What these landlords did was monstrous, said Erie County Legislator Howard Johnson. Last week, she reached a pre-suit agreement with A&E Holdings to ensure that children living in its NYC apartments are protected from dangerous lead-based paint. b``$@z'@ e1 NEW YORK STATE ATTORNEY GENERAL. Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. Property owners and managers that knowingly rent substandard units to low-income residents ought to be punished to the full extent of the law. This highly toxic metal causes serious and irreversible harms, and I am committed to ensuring that landlords follow the laws to protect young children from lead poisoning.. )D Revelations in 2018 that the New York City Housing Authority covered up exposure to lead which can damage childrens brains shocked the public and led to the appointment of a federal monitor. Chestnut Holdings, Regulation. Chestnut Holdings of New York is a family-owned real estate investment and property management firm with a long track record of successful, responsible and reliable management. Additionally, children from households living at or below the federal poverty line are at a greater risk of exposure to lead than children from households above the federal poverty line. Understanding Recent Changes to New Yorks Gun Laws, Endzone Properties Barred from Owning or Managing RentalProperties in New York, Must Pay $215,0000, Landlord Failed to Maintain Lead-Safe Conditions in Rental Properties,Resulting in At Least 18 Children Poisoned With Lead. All New Yorkers deserve to live in a safe and healthy home, and this is a great step in ensuring that our tenants are protected from lead exposure., Lead is a serious public health issue that, if not properly addressed, can lead to life altering medical complications for young children and families living in New York City, said New York CityCouncil Member Vanessa Gibson. In addition, since 2013, at least 63 of these houses have been cited by county and city inspectors for housing code violations, either for conditions conducive to lead poisoning, which are prohibited by the Erie County Sanitary Code, or for chipping, peeling, or deteriorating paint, which is prohibited by both the county and city. Last Updated on 12 months by Vivian Tejada, The best of the city, straight to your inbox, 8 New Yorkers Sue Chestnut Holdings for Housing Discrimination. Topics you care about, straight to your inbox. The Bronx rental management company firmly denies the accusations, claiming they have hundreds of tenants currently paying for rent in vouchers. Children under the age of 6 are more likely to be exposed to lead than any other age group, as their normal behaviors could result in them chewing lead paint chips; breathing in or swallowing dust from old lead paint that gets on floors, windowsills, and hands; and lead can be found in soil, toys, and other consumer products. Select a Language Below/Seleccione el Idioma Abajo. All rights reserved. Op. Attorney General James is continuing to pursue legal actions across New York to end the scourge of childhood lead poisoning by holding accountable landlords that allow lead paint-related hazards to proliferate in low-income rental properties. Todays complaint alleges that Chestnut Holdings engaged in repeated illegal acts under Executive Law 63(12) violating several provisions of the Childhood Lead Poisoning Prevention Act, including failing to inspect apartments to determine if a child under six lives there, failing to conduct complete annual investigations of apartments for hazards that are conducive to lead poisoning, and failing to take the necessary measures when an apartment turns over. Children who have been exposed to even very low levels of lead are at risk for neurological and physical problems during critical stages of early development. 3118 0 obj <> endobj Anyone relying on information obtained from Google Translate does so at his or her own risk. Back in 2018, a woman sued Chestnut Holdings for failing to accept her, Tips for Remote and Hybrid Learning in NYC. and one of the advocates who helped write the current New York City lead law. All New Yorkers in every city, village, and town across this state have a right to live in homes that dont make them sick, said Attorney General James. Chestnut workers (from left) Francisca Orduna, Luis Dominguez, Maria Orduna, Teodoro Santos are suing over their April 5 ordeal. The suit alleges that Chestnut Holdings has put the health of its tenants at risk by repeatedly violating the New York City Childhood Lead Poisoning Prevention Act, which requires property owners to take several critical measures to prevent children under six from being exposed to paint with dangerously high levels of lead. A copy of this disclaimer can also be found on our Disclaimer page. We must prevent exposure to lead by taking bold and consistent steps to protect families., We thank New York Attorney General Letitia James for bringing this significant lawsuit," said Sonal Jessel, policy and advocacy coordinator, WE ACT for Environmental Justice. On February 6, 2018, Plaintiff Huggins filed a civil lawsuit in the United States District Court Southern District of New York against CHESTNUT HOLDINGS OF NEW YORK INC.; 1425 U LLC; and JONATHAN WIENER, individually, (collectively, where appropriate, as Defendants), alleging upon knowledge as to himself and his own actions and upon information and belief as to all other matters, as follows: Plaintiff Huggins worked for the Defendants, a family-owned real estate investment and property management firm, as a superintendent from 2009 until Defendants terminated his employment on May 11, 2018 in retaliation for filing this lawsuit in February 2018. In fact, no safe lead level in children has been identified. View Case; Cited Cases; ALEJANDRO HUGGINS, on behalf of himself and others similarly situated, Plaintiffs, v. forms until after the February 18 deadline had passed, and (2) did not receive any text message notice about this lawsuit, Decl. The Office of Attorney General's website is provided in English. The penalty amount is based on the extent of violations determined through the OAGs investigation. I want to thank Attorney General Letitia James and her team for their ongoing commitment, consistency, swift action, and thorough investigation into this important issue., A key premise of the lead law in 2004 was to make it clear that landlords had the prime responsibility to make sure the apartments they rent do not have lead-based paint hazards, said Matthew Chachre, attorney, Northern Manhattan Improvement Corporation. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 2485550, (516) ABOGADO, or (212) 6795000. The investigation was initiated in 2017, according to a source familiar with the matter. Chestnut is considering its options including a possible lawsuit for harassment and defamation. 516- ABOGADO (226-4236) According to a 2018 study, the city of Buffalo suffers from some of the highest rates of childhood lead exposure in the nation from poor housing conditions in old homes with lead paint. Data from the Centers for Disease Control and Prevention (CDC) show that in 2017, 715 children in Erie County under six years of age tested with blood lead levels between 5 and 9 g/dL, and 415 children tested with blood lead levels of 10 g/dL or higher. Chestnut exceeds any reasonable standards in inspecting its units and trying to address all safety concerns, especially the presence of lead, a spokesperson for the landlord said. Any landlord or group that fails to address properties that contain these dangerous levels of lead need to be held accountable, and I commend the Attorney General for taking action., I have seen the impact of lead poisoning on members of my own family, and one of my proudest moments as a legislator was the creation of a pilot program to expand educational intervention services for children who suffer from lead poisoning, said Erie County Legislature Chair April N. M. Baskin. Audrey Strauss, Acting United States Attorney for the Southern District of New York, and Peter D. Lopez, Regional Administrator of the U.S. Environmental Protection Agency (EPA), announced today that the United States has entered into a Consent Decree settling a civil lawsuit against Chestnut Petroleum Distributors, Inc., and its affiliates It produced thousands of pages of documents and information, and continued to offer more evidence of compliance. In February 2020, Attorney General James filed a lawsuit against Chestnut Holdings of New York, Inc., a property management corporation, for failing to comply with provisions of New York Citys lead poisoning prevention law. In fact, no safe lead level in children has been identified. The suit alleges that Chestnut Holdings has put the health of its tenants at risk by repeatedly violating the New York City Childhood Lead Poisoning Prevention Act, There is no looking the other way. Residents of the Bronx took part inClaremont Park Dayas Chestnut Holdings partnered with The Bronx is Blooming and The NYC Department of Parks and Recreation to engage the community through environmental stewardship and educational activities. Every family deserves to live in a home free of lead hazards, and I will work to ensure that happens.. Lead poisoning persists as one of themost prevalent and preventable environmental diseases in New York, with thousands of children having blood leadlevels above the Centers for Disease Control and Preventions reference value. OPINION & ORDER. I commend the New York State Attorney General for taking this action, and thank my team at HPD, along with our colleagues throughout the city and state who work day in, day out to protect the people we serve., All New Yorkers deserve safe homes, free of the dangers of lead poisoning, said Bronx Borough President Ruben Diaz Jr. I am proud to stand with Attorney General Letitia James to fight for Bronx residents and to stand with all New Yorkers to demand that landlords and management companies treat their tenants with the respect and dignity they deserve., "Exposure to lead has devastating consequences for all those exposed, but it is particularly dangerous for young developing children, said New York State Senator Jos M. Serrano. WebNew York, commenced this action on February 27, 2020 against defendant Chestnut Holdings of New York, Inc. (Chestnut) pursuant to New York Executive Law 63(12) Todays announcement is welcome news and communicates a strong message of just how intolerable it is to promise the safety of a place to live only to deliver danger. Visite 516abogado.com, Huggins v. Chestnut Holdings of New York, Inc.; 1425 U LLC; and Jonathan WienerCivil Action No. Initiating evictions of tenants in lead-poisoned houses in violation of New York law. 216(b). The Office of Attorney General does not make any promises, assurances, or guarantees as to the accuracy of the translations provided. The Environmental Protection Bureau is part of the Division of Social Justice, led by Chief Deputy Attorney General Meghan Faux, and all under the oversight of First Deputy Attorney General Jennifer Levy. 95 Students Unveil Artwork in Sheridan Avenue Apartment Lobby , Supporting Art for Children in the Bronx Culturally and Financially . After revealing they had a CityFHEPS voucher, the plaintiff was told they would get a call back from the broker, but never did. She writes SEO blogs for real estate, travel and hospitality companies. alleged that Kiggins and Endzone endangered the health of its tenants, primarily children, by repeatedly violating lead paint laws and failing to properly address related hazards. The Defendants have also denied Plaintiff Huggins minimum wage and/or overtime pay as required by state and federal laws; failed to provide a wage notice at the time Plaintiff was hired and annually, as required by law; and failed to provide a proper wage statement for each pay period, as required by law. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. The Bronx real estate company is allegedly refusing to consider tenants with housing vouchers. ". We see it in landlords big and small., Mallery Morrison, 39, is one of the plaintiffs in the case. Lead paint exposure is a dangerous scourge on New Yorks communities that disproportionately impacts our Black and brown children, said Attorney General James. Chestnut Holdings is dedicated to visually and culturally enriching our Bronx neighborhood. The vast majority of these dwellings were constructed before New York banned lead paint in 1970. Whether it be our local executive order that withholds rent payments to landlords knowingly exposing their tenants to lead or investing millions of dollars in lead remediation just in 2022, Onondaga County is fully committed truly solving the lead issue plaguing our community, said Onondaga County Executive Ryan McMahon. Chestnut Holdings will pay $300,000 to the Office of the Attorney General (OAG) for initiatives to protect children from lead poisoning and ensure that all of its more than 6,000 apartments throughout New York City are in full compliance with the law. All rights reserved. Chestnut fully complies with all lead laws and addresses any lead issues immediately. Follow her on Linkedin to learn more. During this same period, at least 32 Endzone properties were flagged by the City of Syracuse and Onondaga County for chipping, peeling, deteriorating paint, and other conditions conducive to lead poisoning, which are prohibited by county and city laws. Lead poisoning is completely preventable, and the city has plenty of laws on the books but they are rarely enforced. A copy of this disclaimer can also be found on our Disclaimer page. This seems to be the case with Chestnut Holdings. A separate federal investigation of lead levels in private apartments that receive Section 8 benefits is ongoing. The Office of Attorney General does not make any promises, assurances, or guarantees as to the accuracy of the translations provided. Unfortunately, tenants are often denied a fair chance at renting an apartment due to source-of-income discrimination, where housing vouchers are seen as less desirable forms of payment. The suit alleges that Chestnut Holdings has put the health of its tenants at risk by repeatedly violating the New York City Childhood Lead Poisoning Prevention Act, which requires property owners to take several critical measures to prevent children under six from being exposed to paint with dangerously high levels of lead.
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