chestnut holdings lawsuit

In February 2020, Attorney General James 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. Every family deserves to live in a home free of lead hazards, and I will work to ensure that happens.. New York City has a major child lead poisoning problem, with a rate of 11.2 per 1,000 children living in private housing having elevated blood lead levels., New York Citys landmark Childhood Lead Poisoning Prevention law is key to ending the enduring devastation of lead in our communities, saidMatthew Chachre, attorney, Northern Manhattan Improvement Corporation. 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. All rights reserved. I want to thank Attorney General Letitia James and her team for their ongoing commitment, consistency, swift action, and thorough investigation into this important issue., A key premise of the lead law in 2004 was to make it clear that landlords had the prime responsibility to make sure the apartments they rent do not have lead-based paint hazards, said Matthew Chachre, attorney, Northern Manhattan Improvement Corporation. All rights reserved. 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. The property management company is in charge of more than 6000 apartments located in 134 residential buildings across Manhattan, Brooklyn, and the Bronx. 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 YORK INC.; 1425 U LLC; and JONATHAN WIENER, individually, (collectively, where appropriate, as Defendants), alleging upon knowledge as to himself and his own actions and upon information and belief as to all other matters, as follows: Plaintiff Huggins worked for the Defendants, a family-owned real estate investment and property management firm, as a superintendent from 2009 until Defendants terminated his employment on May 11, 2018 in retaliation for filing this lawsuit in February 2018. 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. All too often, unprincipled landlords like Endzone disregard their duty to ensure their properties are free of lead hazards and its harms. Vouchers such as FHEPS, CityFEHPS, and HRA subsidies are provided to New Yorkers with the intention of keeping them out of homeless shelters. On May 29, 2020, the Court conditionally certified this collective action pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 0 Chestnut Holdings continues to amass properties in the Bronx, paying $46.6 million for a 10-building portfolio in the borough. 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. 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. NEW YORK STATE ATTORNEY GENERAL. 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. This seems to be the case with Chestnut Holdings. 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. HONORABLE PAUL A. CROTTY United States District Judge. 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. 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. A copy of this disclaimer can also be found on our Disclaimer page. The case status is Pending - 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). 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. We must prevent exposure to lead by taking bold and consistent steps to protect families., We thank New York Attorney General Letitia James for bringing this significant lawsuit," said Sonal Jessel, policy and advocacy coordinator, WE ACT for Environmental Justice. 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 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. This action is brought to recover unpaid minimum and overtime wages owed to Plaintiff and other similarly situated employees of the Defendants, in addition to damages for Defendants failure to provide required wage notices and statements. This group of landlords and property managers put low-income Buffalo communities at extreme risk, and today we are holding them accountable. 3145 0 obj <>stream In fact, no safe lead level in children has been identified. I applaud Attorney General James for taking swift action to hold landlords and management companies accountable that put their tenants at risk. Plaintiff Huggins brings this action on himself and all similarly situated current and former employees pursuant to the FLSA and NYLL. The Environmental Protection Bureau is led by Lemuel M. Srolovic. Chestnut Holdings is a family-owned real estate investment and management firm of properties throughout New York City. The rate of lead poisoning in New York City is highest in children of color and those who live in low-income areas. WebChestnut Holdings offers convenient online payment options and the ability to see your current account balance and activity online through ClickPay. 18 Civ. Lead-based paint was banned in 1960, but remediating the toxin has proved difficult in older buildings. The lawsuit filed in New York Supreme Civil Court accuses Chestnut Holdings of violating city and state Human Rights laws that make it illegal to refuse A 2017 Reuters investigation revealed that several zip codes in the city of Buffalo were some of the most saturated lead-burdened communities in the country, which is why I cosponsor Dakota's Law in the State Senate. 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. Select a Language Below/Seleccione el Idioma Abajo. The lawsuit, filed in October 2021, alleged that Kiggins and Endzone endangered the health of its tenants, primarily children, by repeatedly violating lead paint Beginning in the 20th century, paint with dangerously high levels of lead was used on both exterior and interior surfaces of housing in the United States. James says her office reached out multiple times to Chestnut Holdings, but did not get a response. 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. Select a Language Below/Seleccione el Idioma Abajo. Lead paint has been found in approximately 43 percent of all of New York dwellings. 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. The building in front of which the attorney general selected to announce the lead lawsuit, 1515 Macombs Road, has exactly zero lead violations. Chestnut Holdings, Regulation. 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. This kind of enforcement is an important aspect of our states larger efforts to ensure that all New Yorkers have access to high-quality, safe, and affordable housing, said State Senator Brian Kavanagh. Cant Get Into the Infamous Rolfs Christmas Bar? The penalty amount is based on the extent of violations determined through the OAGs investigation. 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. 3118 0 obj <> endobj Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. 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 Back in 2018, a woman sued Chestnut Holdings for failing to accept her Section 8 housing voucher. 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 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. WebPhone: (718) 543-8200. '' 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. Follow her on Linkedin to learn more. The Office of Attorney General's website is provided in English. 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) More than 90 percent of Syracuses housing stock was constructed prior to 1978. Attorney General James thanks HPD for its assistance in this and other related ongoing investigations. It is wrong and unacceptable. All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. The Judge overseeing this case is John Preston Bailey. Endzone has sold all the properties it owned and all of the properties it once managed are now under new management. hUmo0+jlNH4t : C Understanding Recent Changes to New Yorks Gun Laws, Repeated and Persistent Violations Result in Continuing Health Risks, Dozens of Reported Childhood Lead Poisonings. This seems to be the case with Chestnut Holdings. 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. 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. A copy of this disclaimer can also be found on our Disclaimer page. Addressing the issue of lead in our community is one that my administration has made a top priority. 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 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. 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. 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, 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. What Is A Loft Apartment and Why Do I Need One? Last month, Mayor Bill de Blasio signed into law four bills targeting landlords to strengthen enforcement of lead-paint rules. 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. When shes not writing you can find her at the gym, a family cookout, or at brunch with her girls. If such properties are properly maintained, however, lead poisoning can be prevented. 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. This particular plaintiff was forced to remain in a homeless shelter for seven more months after the incident with Chestnut. 95 Students Unveil Artwork in Sheridan Avenue Apartment Lobby , Supporting Art for Children in the Bronx Culturally and Financially . 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. 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. %PDF-1.7 % 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. 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. Additionally, in September 2020, 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. 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. 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. 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. 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. In the state of New York, its illegal for landlords to deny housing to voucher recipients. 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. 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 the second time the property management company is being sued for housing discrimination. We have met with the staff personally to Understanding Recent Changes to New Yorks Gun Laws, Chestnut Holdings Will Pay $300,000 for OAG Programs to Protect Children From Lead Poisoning, Ensure All Apartments Are Fully Compliant With NYC Lead Laws, Second Major Action by AG James in a Week to Protect NYC Children From Lead Paint, Hold Bad Landlords Accountable. This Google translation feature is provided for informational purposes only. 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. 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. Our intention is to deepen our understanding and connection to nature and weave it into the daily life of our communitys residents. Exposure to lead paint in our aging housing stock puts children in grave jeopardy and our future at risk, James said in a statement. Elevated blood lead levels are also more prevalent in Buffalos low-income neighborhoods than high-income neighborhoods. 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. Initiating evictions of tenants in lead-poisoned houses in violation of New York law. Each plaque displays an artists hand drawing of the tree along with a brief written description that includes related botanical, practical and historical content. This is the second time the property management company is being sued for housing discrimination. According to a complaint her office filed today, Chestnut Holdings repeatedly exposed children to lead paint and fraudulently certified that it had complied with the law passed to prevent that. The Office of Attorney General does not make any promises, assurances, or guarantees as to the accuracy of the translations provided. 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. As a landlord to thousands of children and families, Chestnut failed to safeguard its tenants, but, today, we are ensuring their health will be protected moving forward. 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. 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. 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. Lead poisoning is completely preventable, and the city has plenty of laws on the books but they are rarely enforced. According to the lawsuit, as many as 600 children who receive SNAP benefits were affected, Letitia James (Credit: Getty Images, iStock). 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. New York has some of the strongest lead poisoning prevention measures in the country, but without enforcement, families will continue to suffer. 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. 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. The vast majority of these dwellings were constructed before New York banned lead paint in 1970. However, the "Google Translate" option may assist you in reading it in other languages. Anyone relying on information obtained from Google Translate does so at his or her own risk. This is the second time the property management company is being sued for housing discrimination. No New Yorker should be exposed to the dangers of lead poisoning due to the negligence of their landlord. 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.. Anyone relying on information obtained from Google Translate does so at his or her own risk. 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. 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 Back in This gallery provides a glimpse of the beautifully renovated complex in recent months during both the Fall and Winter seasons.