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). 516- ABOGADO (226-4236) Chestnut Holdings is getting slapped New York has some of the strongest lead poisoning prevention measures in the country, but without enforcement, families will continue to suffer. This should serve as a warning to other landlords that they will be held accountable for neglecting health hazards in homes of children and families in New York City and across the state., I applaud Attorney General James and her office for their vigilance in pursuing landlords who fail to comply with the Lead Poisoning Prevention Act. Upon revealing that she would be paying her rent with the voucher, the broker shut down the conversation and said, Oh, were not taking those.. This particular plaintiff was forced to remain in a homeless shelter for seven more months after the incident with Chestnut. All rights reserved. agreement resolving her lawsuit against landlord John Kiggins and his company, Endzone Properties, Inc., for failing to protect children from lead paint hazards in Syracuse. 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. Follow her on Linkedin to learn more. Students from P.S. Chestnut is a hands-on owner-manager that acquires, manages and improves multifamily properties throughout New York City. 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 Holdings manages more than 6,000 apartments in approximately 134 buildings, most of which are located predominantly in low-income communities of color in the Bronx. He eventually received help from Breaking Ground, a permanent supportive housing provider. Se habla espaol Our children deserve to live in safe and healthy homes, not dangerous and poisonous ones. The OAG has been active in holding landlords and property managers accountable for violating childhood lead poisoning prevention laws in New York. All violations found in OAGs investigation, as well as all those flagged by the county and city, have been resolved in properties that are currently occupied. endstream endobj 3119 0 obj <>/AcroForm 3137 0 R/Lang( E N - U S)/MarkInfo<>/Metadata 219 0 R/OCProperties<>/Outlines 289 0 R/OutputIntents 3115 0 R/PageLayout/OneColumn/Pages 3099 0 R/StructTreeRoot 326 0 R/Type/Catalog>> endobj 3120 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 3121 0 obj <>stream 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) Each plaque displays an artists hand drawing of the tree along with a brief written description that includes related botanical, practical and historical content. Vouchers such as FHEPS, CityFEHPS, and HRA subsidies are provided to New Yorkers with the intention of keeping them out of homeless shelters. 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.. This is the second time the property management company is being sued for housing discrimination. The building in front of which the attorney general selected to announce the lead lawsuit, 1515 Macombs Road, has exactly zero lead violations. The penalty amount is based on the extent of violations determined through the OAGs investigation. Our intention is to deepen our understanding and connection to nature and weave it into the daily life of our communitys residents. Back in We believe there is a policy and practice of this management company to not rent to people who have housing vouchers, said Jean Fischman, who is representing the eight New Yorkers involved in the second case against Chestnut Holdings. However, the "Google Translate" option may assist you in reading it in other languages. 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, 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. 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. In the lawsuit, the Office of the Attorney General (OAG) identifies six specific Dalfin properties that serve as examples of the egregious and illegal lead hazard management practices used by the landlords and the poisoning of children in those properties. 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. Additionally, Chestnut Holdings repeatedly certified, in new leases, that it had complied with the Childhood Lead Poisoning Prevention Acts turnover requirements, even though it had not done so. ", 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. 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. The refusal to accept the voucher came at a troubling time for Morrison, who had recently been diagnosed with thyroid cancer. Anyone relying on information obtained from Google Translate does so at his or her own risk. Tens of thousands of rental properties in Buffalo that were constructed before 1978 contain lead paint which, if not properly maintained and managed, can cause lead poisoning. Sticker shock: Ranking South Floridas priciest residential rentals, Here are Chicago's top 10 construction permits issued in May. AG Letitia James Sues Chestnut Holdings for Lead Poisoning - The Real Deal Attorney general sues Chestnut Holdings for lead paint According to the lawsuit, 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. )D 3136 0 obj <>/Filter/FlateDecode/ID[<31CF17F26827B64D9D1C3BD947307B0A><1127F07792CB7B4EA4E7A2D6EC3485F1>]/Index[3118 28]/Info 3117 0 R/Length 89/Prev 699633/Root 3119 0 R/Size 3146/Type/XRef/W[1 2 1]>>stream Any future violation of the law by Chestnut Holdings will violate the agreement and subject the company to possible legal action by the OAG. 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 They failed to ensure that my constituents and New Yorkers across the city were living in homes that were free of lead paint and, in doing so, put hundreds, if not thousands, of families at risk of lead poisoning. The rate of lead poisoning in New York City is highest in children of color and those who live in low-income areas. This matter is being handled by Attorney General James Environmental Protection Bureau by Assistant Attorney General Abigail Rosner, Special Counsel Sara Haviva Mark, Assistant Attorney General Samantha Liskow, Deputy Bureau Chief Monica Wagner, Chief Scientist Jodi Feld, Environmental Scientist Jennifer Nalbone, Environmental Science Intern Jeffrey Fralick, and Amanda Moody, Legal Assistant II, under the supervision of Bureau Chief Lemuel M. Srolovic. In September 2021, Attorney General James announced an agreement in her lawsuit against Chestnut Holdings, a property management corporation, over its failures to protect children from lead paint hazards in New York City. The lawsuit, filed in Erie County Supreme Court, alleges that since 2013, the Erie County Department of Health has identified dozens of children with elevated blood lead levels (EBLLs) in 22 of the Dalfin properties. A copy of this disclaimer can also be found on our Disclaimer page. Russell Shank, a lawyer for Chestnut Holdings, says they didnt receive applications from seven of the eight people in the lawsuit. I thank Attorney General James and our partners at Onondaga County for helping us put a stop to the bad practices of John Kiggins and Endzone Properties once and for all, said Syracuse Mayor Ben Walsh. Select a Language Below/Seleccione el Idioma Abajo. From 2018-present, the eight plaintiffs in the case experienced a range of discrimination from brokers and agents employed by Chestnut Holdings. Data analysis was handled by Senior Data Analyst Akram Hasanov, under the supervision of Research and Analytics Department Directior Jonathan Werberg and Deputy Director Megan Thorsfeldt. It is as immoral as it is illegal that a landlord would knowingly expose families to lead poisoning, which disproportionately threatens the health and development of Black and brown children, said Attorney General James. The New York City Childhood Lead Poisoning Prevention Act requires owners of apartments and houses built before 1960 to take critical safety measures such as identifying apartments where children under six live, conducting annual investigations of those apartments for hazards that are conducive to lead poisoning, and remediating those conditions where they occur. Lead paint has been found in approximately 43 percent of all of New York dwellings. 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. What Is A Loft Apartment and Why Do I Need One? Chestnut Holdings, Regulation. We have met with the staff personally to 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. 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. Op. 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. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. Understanding Recent Changes to New Yorks Gun Laws, AG James Takes Action to Protect Tenants from Lead Poisoning, Files Lawsuit Against Bronx-based Property Management Corp for Violations of NYC Childhood Lead Poisoning Prevention Act. The Office of Attorney General does not make any promises, assurances, or guarantees as to the accuracy of the translations provided. Although New York banned the use of lead paint in 1970, with the federal government following suit in 1978, buildings constructed prior to 1978 often still have lead paint. Bronx Borough President Lauds Chestnut Holdings at State of the Borough Address-, Chestnut Holdings and Dream Yard Project team up for, Chestnut employee featured in international magazine bringing acclaim to company, Historic Sholem Aleichem Complex in the press-, Volunteers and community cleanup Claremont Park , College of New Rochelle Unloads South Bronx Building , Students proudly discuss their art and experience during the six-month project between Chestnut Holdings and DreamYard , Bronx Students Display Art for Local Apartment Building , P.S. Specifically, the agreement requires Chestnut Holdings to: Chestnut Holdings will also pay $300,000 to the OAG to fund projects that help protect children from lead poisoning. 18 Civ. We held a ceremony for the culmination of the six-month project and discussed with the students how the art reflected people and images in the Bronx community that were memorable to them. Lindos case is similar to another one of the plaintiffs, who was living in a shelter at the time of their apartment search. Last month, Mayor Bill de Blasio signed into law four bills targeting landlords to strengthen enforcement of lead-paint rules. The New York attorney general is filing a lawsuit against a Bronx-based property management company for violations of the city's Childhood Lead Poisoning Prevention Act. OPINION & ORDER. On 04/29/2020 Avery, Mary filed a Property - Other Property lawsuit against 1560 GC LLC Chestnut Holdings of New York, Inc Wiener, Jonathan Rieder, Ben Department of Buildings Department of Housing Preservation and Development.This case was filed in Bronx County Courts, Bronx County Civil Court located in Washington, New Geoffrey S. Berman, the United States Attorney for the Southern District of New York (SDNY), and Peter D. Lopez, Regional Administrator of the U.S. Environmental Protection Agency (EPA), announced today that the United States has filed a civil lawsuit against Chestnut Petroleum Distributor, Inc., and its affiliates CPD Energy Corp., CPD Topics you care about, straight to your inbox. The Office of Attorney General's website is provided in English. The following day, a tester from the NYC Human Rights Commission inquired about the same apartment that the plaintiff has. It's the first-ever lawsuit filed by the Office of the Attorney General for failing to comply with the lead poisoning prevention law. They neglect their properties with no regard for the families who live there, subjecting them to substandard housing and a substandard quality of life. NEW YORK STATE ATTORNEY GENERAL. b``$@z'@ e1 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. The New York City Childhood Lead Poisoning Prevention Act requires owners of apartments and houses built before 1960 to take critical safety measures to prevent lead poisoning in children tenants. They have damaged the lives of countless children in our community. In 2013 Chestnut acquired the Shalom Aleichem Houses, three distressed properties made up of 15 buildings, in Van Cortland Village in the Bronx. NEW YORK STATE ATTORNEY GENERAL. Mehdi Bolour faces 25 criminal charges over illegally rented Hollywood building, More than 1,000 children in public housing have had high levels of lead since 2012, Landlord groups say lead poisoning laws will hurt affordable housing, Chestnut Holdings buys Bronx-centric 19-building retail portfolio, High Street, Daiwa bring resi to River Oaks, St. Charles revamp of torched resort takes center stage in local City Hall races, LIV plans massive resi project in Fort Worth, KBS deal to sell Union Bank Plaza to Joel Schreiber delayed for 9th time. Select a Language Below/Seleccione el Idioma Abajo. As a result, at least 18 children residing in 17 different properties owned or managed by Endzone experienced lead poisoning. Initiating evictions of tenants in lead-poisoned houses in violation of New York law. CHESTNUT HOLDINGS INC.; 1425 U LLC; and JONATHAN WIENER, Defendants. Cant Get Into the Infamous Rolfs Christmas Bar? as 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. CALL: 516-248-5550 ". 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 art will continue to hang in the building lobby for all residents to enjoy. Attorney General James thanks Onondaga County and the City of Syracuse for their partnership in this matter. The Environmental Protection Bureau is led by Lemuel M. Srolovic. Data also shows that Black children are twice as likely as white children to have elevated blood lead levels almost 23 percent of Black children in Onondaga County tested for lead had dangerous levels of lead in their blood, while less than 11 percent of white children tested had dangerous blood lead levels. The residents in Broadway-Fillmore, and throughout the entire city, have been held hostage for decades by slumlords who have left housing stock uninhabitable and detrimental to the health, safety, and sustainability of our neighborhoods. 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. agreement in her lawsuit against Chestnut Holdings of New York, Inc. (Chestnut Holdings), a property management corporation, over its failures to protect children from lead paint hazards in New York City, 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. This is incredibly pervasive in New York City. This seems to be the case with Chestnut Holdings. Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. Residents of the Bronx took part in Claremont Park Day as 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. 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. It is wrong and unacceptable. Since 2017, OAG hasfound that the group violated the law in other ways, such as: The poisoning of children from lead paint in aging rental housing is an ongoing national public health crisis, but is of particular concern within New York, and especially the Buffalo region. ` *d * $4%Y1\ - Z:q;.&&c60e`tIrS*hd I am proud to have the city be a partner in this suit with Attorney General James and our partners in the county, said Buffalo Mayor Byron Brown. announced an agreement in her lawsuit against Chestnut Holdings, a property management corporation, over its failures to protect children from lead paint hazards in New York City, reached a pre-suit agreement with A&E Holdings to ensure that children living in its New York City apartments are protected from dangerous lead-based paint, 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. Lead poisoning in New York City is highest among children of color and children living in high-poverty neighborhoods; low-income children represent 66 percent, and Asian, Black, and Latino children represent 84 percent, of children under 6 in the city with elevated lead levels. The State of New York, its officers, employees, and/or agents shall not be liable for damages or losses of any kind arising out of, or in connection with, the use or performance of such information, including but not limited to, damages or losses caused by reliance upon the accuracy of any such information, or damages incurred from the viewing, distributing, or copying of such materials. I look forward to continuing to work with the attorney general and our colleagues at all levels of government, to prevent these types of abuses going forward., Access to safe housing is a human right. The Act also requires owners and agents to take measures to prevent lead poisoning when an apartment turns over. The lawsuit, filed in October 2021, alleged that Kiggins and Endzone endangered the health of its tenants, primarily children, by repeatedly violating lead paint Determine in which of its apartments children under 6 live; Conduct an annual investigation for lead paint hazards in all of its apartments where children under 6 live; Resolve any and all lead paint hazards identified in these inspections within 90 days of the annual investigation; and. Having lead paint in an apartment is not necessarily illegal if there is no risk of exposure, but when building owners paint over it rather than remove it which is expensive it can eventually resurface. Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. Understanding Recent Changes to New Yorks Gun Laws, Repeated and Persistent Violations Result in Continuing Health Risks, Dozens of Reported Childhood Lead Poisonings. The vast majority of older, painted buildings contain some paint with lead levels higher than these bans allow. Aaron Carr, whose tenant watchdog group Housing Rights Initiative is also suing Chestnut for deregulating apartments in buildings receiving tax benefits, said that James is proving to be the most proactive attorney general combatting unlawful real estate practices.. 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. 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. This settlement shows that victories against lead poisoning are not only possible, but imperative. The violations by the group, which has owned and managed more than 150 single- and two-family homes in predominantly low-income communities of color, has led to dozens of reported instances of childhood lead poisoning. WebCompany profile page for Chestnut Holdings Inc including stock price, company news, press releases, executives, board members, and contact information Lead poisoning is completely preventable, and the city has plenty of laws on the books but they are rarely enforced. 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. A property manager overseeing more than 6,000 apartment units in 134 buildings in New York City has been noncompliant with lead-paint regulations, state The health impacts of lead paint in rental housing are particularly acute in the Buffalo region, where children who live in communities of color are 12 timesas likely than children who live in predominately white neighborhoods to be diagnosed with an elevated blood lead level. 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.
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