chestnut holdings lawsuit chestnut holdings lawsuit

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. They neglect their properties with no regard for the families who live there, subjecting them to substandard housing and a substandard quality of life. She believes she was discriminated against by a broker at Chestnut Holdings. Chestnut Holdings manages more than 6,000 apartments in approximately 134 buildings, most of which are located in the Bronx. We are fortunate to have Letitia James in our corner as Attorney General. NYC workers forced to strip as boss hunted for stolen cash, lawsuit says. All rights reserved. In fact, no safe lead level in children has been identified. 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. The futures of our children are at stake., As a pediatrician, when I see kids with lead poisoning its usually too late to prevent the worst effects on their developing brains, which is why people in public health have worked so hard to prevent lead exposure over the years,said Dr. Travis Hobart, MD, MPH, FAAP, medical director, Central/Eastern New York Lead Poisoning Resource Center. Russell Shank, a lawyer for Chestnut Holdings, says they didnt receive applications from seven of the eight people in the lawsuit. 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 OAG also found that Kiggins and Endzone engaged in repeated illegal and fraudulent acts by either not providing federally required lead disclosures or providing materially false and deceptive lead disclosures to tenants and purchasers of Endzoneproperties. NEW YORK New York Attorney General Letitia James today announced a lawsuit against Chestnut Holdings of New York, Inc., a property management 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. Protecting the health and safety of our tenants should always be our number one priority., Attorney General Letitia James deserves high praise for this important victory protecting New Yorkers against lead poisoning, said New York CityCouncil Member Robert Cornegy. 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. Young children are more likely to be exposed to lead than any other age group. 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. A separate federal investigation of lead levels in private apartments that receive Section 8 benefits is ongoing. This gallery provides a glimpse of the beautifully renovated complex in recent months during both the Fall and Winter seasons. CHESTNUT HOLDINGS INC.; 1425 U LLC; and JONATHAN WIENER, Defendants. 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 Recently, a lawsuit on behalf of eight housing voucher recipients was filed against Chestnut Holdings in the Manhattan Supreme Court. I applaud Attorney General James ongoing efforts to enforce the citys lead law and hold landlords that violate this law accountable.. I hope this settlement serves to let all property owners know how seriously HPD and the attorney general take lead-based paint compliance and encourages them to find out more about how to properly comply.. 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 As a result, at least 18 children residing in 17 different properties owned or managed by Endzone experienced lead poisoning. Anyone relying on information obtained from Google Translate does so at his or her own risk. One project we have been working on cultivates environmental awareness by designating a specific tree or plant name and installing a custom made hand crafted bronze plaque on the property faade. New York has some of the strongest lead poisoning prevention measures in the country, but without enforcement, families will continue to suffer. Lead is a highly toxic metal that can cause serious and irreversible adverse health effects. The art will continue to hang in the building lobby for all residents to enjoy. 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. This matter was supervised by Environmental Protection Bureau Chief Lemuel M. Srolovic. Chestnut Holdings is dedicated to visually and culturally enriching our Bronx neighborhood. 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 investigation was initiated in 2017, according to a source familiar with the matter. Children under 6 years of age 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, window sills, and hands; and can be found in soil, toys, and other consumer products. Elevated blood lead levels are also more prevalent in Buffalos low-income neighborhoods than high-income neighborhoods. BUFFALO New York Attorney General Letitia James, joined by Buffalo Mayor Byron Brown, today announced a lawsuit against a group of individuals and companies in the Buffalo region for repeatedly and persistently violating county, city, state, and federal laws by illegally allowing lead paint-related hazards to proliferate in their rental properties. 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. 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. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. This is the second time the property management company is being sued for housing discrimination. Lead paint has been found in approximately 43 percent of all of New York dwellings. Attorney General James thanks HPD for its assistance in this and other related ongoing investigations. This action by Attorney General James holds those who have repeatedly violated housing codes accountable and protects the health and safety of our children., Lead exposure continues to be a very real problem across New York state, and our children are suffering long-term as a result, said StateSenator Tim Kennedy. 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. 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.. The lawsuit, filed in October 2021, alleged that Kiggins and Endzone endangered the health of its tenants, primarily children, by repeatedly violating lead paint Here are Your Next Best Options. Morrison said she was devastated and humiliated by the experience. Op. Lead paint in residential housing has been a pervasive problem for decades, particularly in New York. )D If any individual is or has previously been an employee of the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. 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. There is no excuse for landlords failing to abide by the law and protect the health of their tenants.. Anyone relying on information obtained from Google Translate does so at his or her own risk. 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. Every New Yorker especially children living in our most disadvantaged communities has a right to live a healthy life without the threat of lead paint poisoning, said Attorney General James. 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. We must build on the attorney generals work to make sure everyone is safe from this avoidable neurotoxin., It is great justice that Chestnut Holdings is being held accountable for their actions, that primarily affected families in the Bronx, said New York CityCouncil Member Eric Dinowitz. 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. Chestnut also works to make a positive impact on surrounding neighborhoods by providing cleaner, safer housing options and reliable service to tenants at reasonable rental rates. 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) All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. See some of the wonderful letters we have received from our tenants over the years expressing appreciation for various matters. 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. 9 mins read Chestnut Holdings Will Pay $300,000 for OAG Programs to Protect Children From Lead Poisoning, Ensure All Apartments Are Fully Compliant With Too many suffer from a lifetime of avoidable debilities here in New York City. I want to thank Attorney General Letitia James and her staff for taking swift action to hold our landlords accountable, and for ensuring they are in compliance with the 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. ` *d * $4%Y1\ - Z:q;.&&c60e`tIrS*hd hb```b``g`2@(@x*G78hvqiC]Vr M?3X0O;t; w8#?N9f-jY#cl ?'or: A+D5?-cuzF>g$]asy`MsrT `^a' 5~_A6OX9M9 E I_[EQ TyV)mt)H}Ri}+gE6I~_9*Ae`h`Mh DG8 ;:B fh``6X- u We see it in landlords big and small., Mallery Morrison, 39, is one of the plaintiffs in the case. 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. NEW YORK STATE ATTORNEY GENERAL. We acknowledge the hard work of the attorney generals legal team to bring this case to a swift and successful conclusion. 3145 0 obj <>stream 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. NEW YORK STATE ATTORNEY GENERAL. Lead paint exposure is a dangerous scourge on New Yorks communities that disproportionately impacts our Black and brown children, said Attorney General James. Attorney General James also thanks the City of New York and New York state's Homes and Community Renewal for their assistance with data collection during this investigation. 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. Last month, Mayor Bill de Blasio signed into law four bills targeting landlords to strengthen enforcement of lead-paint rules. In September 2020, she 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 proliferate in their rental properties. 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.. A copy of this disclaimer can also be found on our Disclaimer page. The Environmental Protection Bureau is a part of the Division for Social Justice, which is led by Chief Deputy Attorney General Meghan Faux and is under the oversight of First Deputy Attorney General Jennifer Levy. 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. All rights reserved. I am holding Endzone fully accountable for their deplorable and illegal actions, and I will continue to use the full force of my office to uphold the laws that protect our children from lead poisoning.. As reported in Crains New York Business, Chestnut Holdings is trying to evict WeWork from a midtown New York City building, and has filed a suit stating that it is 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. However, the "Google Translate" option may assist you in reading it in other languages. WebChestnut and Bronx is Blooming . Senior Data Analyst Akram Hasanov, Intern Atharv Khatu, and Director of Research and Analytics Jonathan Werberg also assisted with this matter. 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, What we do have is the fact that the landlord, unfortunately, has not complied with the law and as a result of that, he again, it poses a threat to all of the children who are currently residents in this building, she says. The following day, a tester from the NYC Human Rights Commission inquired about the same apartment that the plaintiff has. Her commitment to investigating and identifying these individuals demonstrates her dedication and commitment to defending the most vulnerable members of our society., The fact that the city of Buffalo will be joining in this lawsuit as a co-plaintiff in this case is major, said Buffalo Councilmember Mitch Nowakowski. 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. 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 Back in 2018, a woman sued Chestnut Holdings for failing to accept her, Tips for Remote and Hybrid Learning in NYC. 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 Chestnut is considering its options including a possible lawsuit for harassment and defamation. : 18-cv-1037. ", 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. The event brought out close to100 volunteers who enjoyed a great day of helping to beautify and restore Claremont Park. The case status is Pending - Chestnut Holdings is getting slapped Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. And we greatly appreciate the attorney generals willingness to pay attention to the call for action from local stakeholders, including Families for Lead Freedom Now, and to pursue a bright line against childhood lead poisoning in Syracuse.. The building in front of which the attorney general selected to announce the lead lawsuit, 1515 Macombs Road, has exactly zero lead violations. Harvey Lindo, 68, is another plaintiff in the case against Chestnut. 910 Franklin Avenue Suite 200 Garden City, NY 11530 Tel: 516-248-5550 Fax: 516-248-6027, 655 Third AvenueSuite 1821 New York, NY 10017 Tel: 212-679-5000 Fax: 212-679-5005, Copyright 2023 EmploymentLawyerNewYork.com |, Separation Agreements and Severance Packages, Marital Status Discrimination and Harassment, Sexual Discrimination and Harassment In The Workplace, Sexual Identity Discrimination and Harassment, Sexual Orientation Discrimination and Harassment, Civil Rights and Constitutional Law Claims, National Origin Discrimination and Harassment, Whistle Blower Protection and Retaliation, Worker Adjustment and Retraining Notification Act, Borrelli & Associates, PLLC Reviews on ProvenCredible. 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. 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. 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. Understanding Recent Changes to New Yorks Gun Laws, Repeated and Persistent Violations Result in Continuing Health Risks, Dozens of Reported Childhood Lead Poisonings. This is incredibly pervasive in New York City. Select a Language Below/Seleccione el Idioma Abajo. 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. Chestnut Holdings is a family-owned real estate investment and management firm of properties throughout New York City. Opp'n Ex. 95 worked with DreamYards art instructors to create an art display that was unveiled in the lobby of Chestnuts building at 1504 Sheridan Avenue. All rights reserved. Attorney General James thanks the City of New York and the New York State Homes and Community Renewal for their assistance with data collection during the investigation. 3118 0 obj <> endobj The penalty amount is based on the extent of violations determined through the OAGs investigation. The lawsuit, filed in October 2021, 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. Some of the worst landlords in our city put the health and safety of New Yorkers at risk to protect their own profits, and Chestnut Holdings is near the top of my office's list, said New York City Public Advocate Jumaane Williams. The agreement announced today requires Chestnut Holdings to comply with the Childhood Lead Poisoning Prevention Act, including bringing all apartments into compliance with the laws provisions that it was found to have violated during the OAGs investigation. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. 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. The OAG will continue to work with them and other dedicated local partners to continue to make progress in combatting childhood lead poisoning in the region. I will continue to do everything within my power to uphold our lead laws and hold landlords accountable for exposing our communities to serious and irreversible harms., As a part of LeadFreeNYC, HPD is committed to keeping children safe from lead through enhanced enforcement, education, and resources for property owners to make good on their obligations, said New York City Department of Housing Preservation and DevelopmentCommissioner Louise Carroll. Her and her husband were being evicted from their apartment after he fell off a scaffold and was no longer able to work his construction job. In 2020, an investigation by the Office of the Attorney General (OAG) found that over a period of more than six years, at least 18 children were poisoned by lead paint while residing in 17 of Endzones estimated 89 properties. 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. 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.. The refusal to accept the voucher came at a troubling time for Morrison, who had recently been diagnosed with thyroid cancer. Children who have been exposed during critical stages of early development to even very low levels of lead are at risk for neurological and physical problems. This administration has made it clear that landlords who disregard their responsibilities and put tenants in danger will not fly under the radar. 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. Loading Quotes This settlement shows that victories against lead poisoning are not only possible, but imperative. 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. 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. 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. We uncover insider info about living in NYC and keep you updated on everything from tantalizing experiences and eats, to iconic stories and urban legends. James says at this point, there is no evidence of children being sick. A copy of this disclaimer can also be found on our Disclaimer page. b``$@z'@ e1 Chestnut purchased its first building in the Bronx in 1997, and still owns that property today a testament to the firms long-term commitment to enhancing and effectively managing its properties. Our management team has over 150 years of collective experience and a deep understanding of the real estate market. 18 Civ. Vouchers such as FHEPS, CityFEHPS, and HRA subsidies are provided to New Yorkers with the intention of keeping them out of homeless shelters. Lindos case is similar to another one of the plaintiffs, who was living in a shelter at the time of their apartment search. On 08/24/2021 Chestnut Holdings, Inc filed a Contract - Other Contract lawsuit against TH Exploration, LLC.This case was filed in U.S. District Courts, West Virginia Northern District Court. 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. This case will help our call for stronger enforcement of the key provisions of the law that were designed to remove lead from the environment before people are exposed to this neurotoxin. This is the second major action that Attorney General James has taken in the past week to hold landlords accountable for failing to comply with New York Citys lead paint laws. If such properties are properly maintained, however, lead poisoning can be prevented. Lead poisoning is a serious and immediate problem, particularly in New York. Legal Services NYC, a non-profit offering free civil legal services to low-income individuals, claims that Chestnut Holdings brokers denied housing to eight New Yorkers after these tenants revealed they would be paying their rent with vouchers. We must continue to ensure that landlords are in compliance with the Childhood Lead Poisoning Prevention Act and continue to promote this important law. Im thankful to the Office of the Attorney General for using its power to protect some of the most vulnerable children in our community, and I look forward to continuing to work with all of our partners to address this important issue., We thank Attorney General Letitia James for pursuing this important case, said Paul Ciavarri, community organizer, Legal Services of Central New York.