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In April 2016, the New York State Court of Appeals found that a landlord has no duty to remove lead paint from apartments where children 6 years or younger may spend time but don’t live. The court found that a child spending in excess of 50 hours a week in an apartment didn’t trigger the landlord’s duty [Yaniveth R. v. LTD Realty Co., April 2016]. In the case, the 6 year old lived with her parents, but stayed with her paternal grandmother in the grandmother’s rented apartment five days a week for a total of 50 hours per week while her parents worked.
