BY HOWARD SCHECHTER & DAVID
OSTWALD,
SCHECHTER & BRUCKER
In November, 1999 we reported on the latest law passed by the New York City Council regarding abatement and repair of peeling lead-based paint and of deteriorating sub-surfaces covered with lead-based paint (Local Law 38 of 1999). The law imposes significant new obligations on owners of multiple dwellings in New York City, including cooperatives and condominiums.
You may have heard last month in the press about a court decision rendered by a judge in Manhattan invalidating the new lead-based paint law on the grounds that environmental review procedures mandated by law were not followed by the City Council prior to its enactment. The decision is not yet effective as the judge has not signed an official "judgment" invalidating the law.
Attorneys for the City have informed us that once the judgment is signed, they will immediately file a notice of the City's intention to appeal the decision. While we expect there to be some procedural skirmishing during this period as to whether or not the law remains in effect during the time the appeal is pending, we believe that the invalidation of the law will not become a reality until the appeals process is exhausted. We therefore recommend that in the meantime, owners and their agents should continue to comply with the law until further notice.
You can contact the authors at Schechter & Brucker, PC, 360 Fifth Avenue, suite 4510, NY NY 10118, 212-244-6600.