« Ind. Decisions - "Supreme Court Hears $125,000 Gambling Debt Case: Woman Claims Casino Knew About Addiction" [Updated] | Main | Law - "If BigLaw is Changed For Good, What Happens to Law School?" [Updated] »

Thursday, November 12, 2009

Ind. Courts - "State suing local landlords over lead levels in home" [Updated]

Mark Wilson reports today for the Evansville Courier & Press in a long story -- some quotes:

In a lawsuit filed this morning in Vanderburgh County, two Evansville landlords are being targeted for allegedly refusing to fix a house in which a tenant's child was found to have elevated levels of lead in his blood.

The lawsuit by Indiana Attorney General Greg Zoeller's office and the Vanderburgh County Health Department is a first-of-its-kind. Using environmental laws aimed at halting a public nuisance, it charges landlords Mark R. Bryan and Tammy A. Bryan allegedly ignored multiple warnings to correct a lead-paint hazard in a rental house that could endanger the health of any occupants living there, including children.

"This is the first time the Attorney General's office has brought such a suit on behalf of a county, but the case could be a template for other counties to follow in taking action when landlords refuse to correct lead-paint hazards," Zoeller said. * * *

The lawsuit is seeking an injunction ordering the landlords to remediate the nuisance. Remediation techniques may include removal of the paint from the house by a licensed contractor or encapsulation of the lead-based paint by properly repainting it with latex paint.

The suit also seeks reimbursement of the government's costs, attorneys' fees and other relief.

While other states have pursued lead-paint public-nuisance actions, this is the first time Indiana has filed such a suit. The Attorney General has partnered with the Vanderburgh County Health Department to compel the landlords to correct a lead-paint hazard posed by their rental property.

The story includes a link to the 33-page "Complaint to Compel Remediation of Lead Hazard."

[More] Here is the AG's press release on the suit.

[Updated 11/13/09] Here is an updated version of the C&P story, with photo.

Posted by Marcia Oddi on November 12, 2009 01:23 PM
Posted to Environment | Indiana Courts