New York Law Review

Yaniveth R. v. LTD Realty Co., 27 N.Y.3d 186 (2016): Defining

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The New York Law Review

in

27 N.Y.3d 186 (2016)

Under New York City’s lead paint law, a child does not “reside” in an apartment solely by spending a substantial amount of time there with a caregiver; “residence” requires some degree of permanence and an intention to remain.

Summary

The New York Court of Appeals addressed whether a child “resided” in an apartment, triggering a landlord’s duty to abate lead-based paint under New York City’s Local Law 1, when the child spent approximately 50 hours per week in the apartment with a caregiver, but did not live there. The court held that the child did not “reside” in the apartment because the term required more than mere physical presence; it required an intention to remain. This ruling, which affirmed the lower courts’ decisions, highlights the importance of statutory interpretation and how the court balances the need for safety against potential overreach in imposing landlord duties.

Facts

Yaniveth R., while living with her parents, spent about 50 hours a week with her paternal grandmother in an apartment owned by LTD Realty Company. Yaniveth’s parents worked during the day, and her grandmother provided childcare. After Yaniveth was found to have an elevated blood lead level, the New York City Department of Health identified hazardous lead-paint conditions in the grandmother’s apartment. Yaniveth’s mother sued LTD Realty Company, arguing that the landlord had a duty to abate the lead paint under Local Law 1 (requiring landlords to remove or cover lead-based paint in any dwelling unit in which a child six years of age or under resides) and that the landlord’s failure to do so caused Yaniveth’s injuries.

Procedural History

The trial court granted summary judgment for LTD Realty Company, dismissing the complaint. The Appellate Division unanimously affirmed, concluding that the child did not reside in the grandmother’s apartment. The New York Court of Appeals granted leave to appeal to consider the meaning of the term “reside” in the context of Local Law 1.

Issue(s)

1. Whether Local Law 1, which imposes a duty on landlords to remove lead-based paint in a dwelling unit where a child under six years of age “resides,” applies when the child spends a substantial amount of time in the unit but does not live there?

Holding

1. No, because the child did not

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