NEW YORK STATE ATTORNEY GENERAL. 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. On May 29, 2020, the Court conditionally certified this collective action pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 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. We have met with the staff personally to This Google translation feature is provided for informational purposes only. 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. ", 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. 216(b). The Act also requires owners and agents to take measures to prevent lead poisoning when an apartment turns over. 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. 2 3-4, A copy of this disclaimer can also be found on our Disclaimer page. 15 Cheap and Underrated Ideas For Spring Break in NYC, Gears to Grind: The State of Biking in NYC, Fort Greene Neighborhood Guide: The Chill and Family Friendly Neighborhood. 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. WebChestnut and Bronx is Blooming . Wb\M1uELF QPT20}7CL3p9e iS&JV?` 0 q 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. 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. The health code thus requires lead paint to be enclosed with a rigid surface, such as drywall. 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. 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. Veritas $450M loan default: A sign of things to come? Chestnut is a hands-on owner-manager that acquires, manages and improves multifamily properties throughout New York City. The Office of Attorney General does not make any promises, assurances, or guarantees as to the accuracy of the translations provided. Chestnut Holdings manages more than 6,000 apartments in approximately 134 buildings, most of which are located in the Bronx. 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. NEW YORK STATE ATTORNEY GENERAL. 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, 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. Buffalos residents deserve to live in homes that are safe, secure and stable, especially when so many of us have been forced to spend a greater period of time in our homes as a result of the COVID-19 global health pandemic. Chestnut Holdings continues to amass properties in the Bronx, paying $46.6 million for a 10-building portfolio in the borough. 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. James says at this point, there is no evidence of children being sick. HONORABLE PAUL A. CROTTY United States District Judge. Chestnut workers (from left) Francisca Orduna, Luis Dominguez, Maria Orduna, Teodoro Santos are suing over their April 5 ordeal. 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.. Cant Get Into the Infamous Rolfs Christmas Bar? Topics you care about, straight to your inbox. Vivian Tejada is a freelance real estate writer from Providence, RI. It's the first-ever lawsuit filed by the Office of the Attorney General for failing to comply with the lead poisoning prevention law. Select a Language Below/Seleccione el Idioma Abajo. Attorney General James thanks HPD for its assistance in this and other related ongoing investigations. 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. 95 Students Unveil Artwork in Sheridan Avenue Apartment Lobby , Supporting Art for Children in the Bronx Culturally and Financially . 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 OAG has been active in holding landlords and property managers accountable for violating childhood lead poisoning prevention laws in New York. 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. Please click on the link below to access our payment processing portal- provided through ClickPay http://login.clickpay.com/chestnutholdings The penalty amount is based on the extent of violations determined through the OAGs investigation. 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. 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. The Environmental Protection Bureau is led by Lemuel M. Srolovic. 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. Here are Your Next Best Options. 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. In fact, lead paint has been found in approximately 43 percent of all of New Yorks dwellings. Anyone relying on information obtained from Google Translate does so at his or her own risk. Chestnut Holdings has recently come under fire for allegedly turning away tenants with housing vouchers. The Office of Attorney General does not make any promises, assurances, or guarantees as to the accuracy of the translations provided. An attorney representing Chestnut Holdings responded to this lawsuit saying the company has fully and completely cooperated with the Attorney General's Office in its lead paint 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. 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. 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. More than 90 percent of Syracuses housing stock was constructed prior to 1978. All rights reserved. CALL: 516-248-5550 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 group also consistently violated federal lead disclosure requirements by providing either no lead disclosure statement to tenants or false disclosures, which stated that the landowner had no reports of lead paint or lead paint hazards, when in fact there were multiple reports of lead paint and lead paint hazards regarding the residences. Lead-based paint was banned in 1960, but remediating the toxin has proved difficult in older buildings. New York State has the highest percentage of buildings built before 1950 in the nation. Select a Language Below/Seleccione el Idioma Abajo. 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. What Is A Loft Apartment and Why Do I Need One? Endzone has sold all the properties it owned and all of the properties it once managed are now under new management. 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. Back in b``$@z'@ e1 This matter was supervised by Environmental Protection Bureau Chief Lemuel M. Srolovic. NEW YORK STATE ATTORNEY GENERAL. 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. 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 rental housing operations addressed in the suit are controlled by Angel Elliot Dalfin. 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). Lead poisoning is a serious and immediate problem, particularly in New York. 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. There is no excuse for landlords failing to abide by the law and protect the health of their tenants.. The vast majority of these dwellings were constructed before New York banned lead paint in 1970. 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. However, the "Google Translate" option may assist you in reading it in other languages. 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. 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. The landlord also falsely certified in new leases that it had complied with the New York City Childhood Lead Poisoning Prevention Act, the complaint alleged. AkH5tKl#'FM|X0'UH^F+y{OBhiOio+O| l5r(>Vb[NX+Y,. Our management team has over 150 years of collective experience and a deep understanding of the real estate market. 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. I'd like to thank Attorney General Letitia James for her commitment to the health and safety of families across our state, and for ensuring that all landlords provide safe, healthy, lead-free housing that is in full compliance with our laws. No New Yorker should be exposed to the dangers of lead poisoning due to the negligence of their landlord. 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. The event brought out close to 100 volunteers who enjoyed a great The Dark History of the Empire State Building, How to Become a Digital Real Estate Investor in the Metaverse. 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. That same year, Erie County was the only county in New York in which children who tested with blood lead levels exceeding 45 g/dL were reported. As Buffalo continues to have some of the highest rates of childhood lead poisoning in the country, my office will continue to hold bad actors responsible. Senior Data Analyst Akram Hasanov, Intern Atharv Khatu, and Director of Research and Analytics Jonathan Werberg also assisted with this matter. Back in 2018, a woman sued Chestnut Holdings for failing to accept her, Tips for Remote and Hybrid Learning in NYC. The Office of Attorney General's website is provided in English. In October 2000, partnerships comprising Lenfest and several other individuals involved in the Philadelphia real estate scene, along with a related entity ". Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. After revealing they had a CityFHEPS voucher, the plaintiff was told they would get a call back from the broker, but never did. Using shell companies to avoid complying with city rental registration requirements; Failing to comply with city and state property management and real estate broker licensing requirements; Conducting business in New York without authority to do so from the Department of State; and. Lead paint has been found in approximately 43 percent of all of New York dwellings. The Bronx real estate company is allegedly refusing to consider tenants with housing vouchers. But, far too many New York City landlords continue to ignore their obligations under the law and expose our children to wholly-preventable lead-based paint hazards. In addition, no apartments The company was later dropped from the suit. Exposure to lead paint in our aging housing stock puts children in grave jeopardy and our future at risk, James said in a statement. Lead paint in residential housing has been a pervasive problem for decades, particularly in New York. She writes SEO blogs for real estate, travel and hospitality companies. Students from P.S. All rights reserved. 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. However, it is 2020 and we still have thousands of cases of New York City children that tested positive for lead poisoning, and it is children from low-income communities and communities of color, like those we represent in Northern Manhattan, that suffer the most. 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) This Google translation feature is provided for informational purposes only. Through the Mayors LeadFreeNYC initiative, we will continue to work with our partners on all levels of government to keep New Yorkers safe and drive lead exposure down to zero," said NYC Housing Preservation and Development (HPD) Commissioner Louise Carroll. NEW YORK STATE ATTORNEY GENERAL. If such properties are properly maintained, however, lead poisoning can be prevented. Since 2012, 87 percent of all lead poisoned children in Onondaga County were from Syracuse. 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. 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. CHESTNUT HOLDINGS INC. Email | Print | Comments (0) No. 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. 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. 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. This group of landlords and property managers put low-income Buffalo communities at extreme risk, and today we are holding them accountable. 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. 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. 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. 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. 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 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. Addressing the issue of lead in our community is one that my administration has made a top priority. 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. Op. CHESTNUT HOLDINGS INC.; 1425 U LLC; and JONATHAN WIENER, Defendants. 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. 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. 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. 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. hb```b``g`2@(@x*G78hvqiC]Vr M?3X0O;t; w8#?N9f-jY#cl ?'or: A+D5?-cuzF>g$]asy`MsrT `^a' 5~_A6OX9M9 E I_[EQ TyV)mt)H}Ri}+gE6I~_9*Ae`h`Mh DG8 ;:B fh``6X- u A group of eight New Yorkers is suing a Bronx real estate company for allegedly refusing to accept housing vouchers as rent payment. Bronze in the Bronx- Visually and culturally enhancing the neighborhood with plaques, Chestnut Holdings and Dream Yard Project team up for Bronx Arts Festival, Chestnut employee featured in international magazine bringing acclaim to company Belong Magazine, Historic Sholem Aleichem Complex in the press- New York Times, South Bronx- A MAGICAL PLACE says Anthony Bourdain of CNN- New York Post, Volunteers and community cleanup Claremont Park Bronx Times. Her and her husband were being evicted from their apartment after he fell off a scaffold and was no longer able to work his construction job. hbbd``b`9$>`n> 1 u) q "D,i. We will continue to pursue enforcement through our own litigation and with partners like the attorney general, who utilize the work of our inspectors and lead-based paint enforcement teams to identify and audit buildings where lead-based paint regulations are not followed. 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. Initiating evictions of tenants in lead-poisoned houses in violation of New York law. NEW YORK New York Attorney General Letitia James today announced a lawsuit against Chestnut Holdings of New York, Inc., a property management 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. When shes not writing you can find her at the gym, a family cookout, or at brunch with her girls. New York Attorney General Letitia James is going after one of the largest multifamily landlords in the city for alleged lead-paint violations. 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. 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. 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 matter is being handled by Attorney General James Environmental Protection Bureau by Assistant Attorney General Abigail Katowitz, Special Counsel of the Health Care Bureau Sara Haviva Mark, and Chief Scientist Jodi Feld, under the supervision of Deputy Bureau Chief Monica Wagner. The event brought out close to100 volunteers who enjoyed a great day of helping to beautify and restore Claremont Park. Attorney General James is pursuing 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.
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