N.Y. Laws » CHAPTER Public Health / ARTICLE Nuisances and Sanitation / TITLE Control of Lead Poisoning
New York Consolidated Laws

N.Y. Public Health Law § 1370 (2026)

Definitions

✓ current as of May 2026
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§ 1370. Definitions. When used in this title, the following words and
phrases shall have the following meanings, unless the context clearly
requires otherwise:
  1. "Dwelling" means a building or structure or portion thereof,
including the property occupied by and appurtenant to such dwelling,
which is occupied in whole or in part as the home, residence or sleeping
place of one or more human beings and shall, without limiting the
foregoing, include child care facilities for children under six years of
age, kindergartens and nursery schools.
  2. "Area of high risk" means an area designated as such by the
commissioner or his representative and consisting of one or more
dwellings in which a condition conducive to lead poisoning of children
is present.
  3. "A condition conducive to lead poisoning" means: (i) paint or other
similar surface-coating material containing lead in a condition
accessible for ingestion or inhalation or where peeling or chipping of
the paint or other similar surface-coating material occurs or is likely
to occur; and (ii) other environmental conditions which may result in
significant lead exposure.
  4. "Program" means the lead poisoning prevention program in the
department established pursuant to section thirteen hundred seventy-a of
this title.
  5. "Council" means the advisory council on lead poisoning prevention
established pursuant to section thirteen hundred seventy-b of this
title.
  6. "Elevated lead levels" means a blood lead level greater than or
equal to five micrograms of lead per deciliter of whole blood or such
lower blood lead level as may be established by the department pursuant
to rule or regulation.
  7. "Person" means any natural person.
  * 8. "Owner" means and includes the owner or owners of the freehold of
the premises or lesser estate therein, a mortgagee or vendee in
possession, assignee of rents, receiver, executor, trustee, lessee,
agent, or any other person, firm or corporation, directly or indirectly
in control of a dwelling.
  * NB Repealed November 3, 2028
Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1993–2024 · leading case: Pelaez v. Seide, 810 N.E.2d 393 (N.Y. 2004).
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Pelaez v. Seide, 810 N.E.2d 393 (N.Y. 2004). “As relevant here, Public Health Law § 1370-a (1) requires the DOH to “exercise any and all authority” to create programs that establish and coordinate activities to prevent lead poisoning and minimize the risk of exposure to lead.”
Walton v. Albany Cmty. Dev. Agency, 279 A.D.2d 93 (N.Y. App. Div. 2001). · cites it 2× ““Elevated lead levels” is defined in Public Health Law § 1370 (6) as “a blood lead level greater than or equal to ten micrograms of lead per deciliter [mg/dl] of whole blood or such blood lead level as may be established by the department pursuant to rule or regulation” (see, 10…”
Robinson v. Bartlett, 95 A.D.3d 1531 (N.Y. App. Div. 2012). “per deciliter [mcg/dcl] of whole blood” (Public Health Law § 1370 [6]; see 10 NYCRR 67-1.”
Wynn v. T.R.I.P. Redevelopment Assocs., 296 A.D.2d 176 (N.Y. App. Div. 2002). “An elevated lead level is “a blood lead level greater than or equal to [10 mcg/dl] of whole blood” (Public Health Law § 1370 [6]; see, 10 NYCRR 67-1.”
Derr v. Fleming, 106 A.D.3d 1240 (N.Y. App. Div. 2013). “As we have previously noted, an elevated level is a blood lead level greater or equal to 10 mcg/dcl (see Public Health Law § 1370 [6]; Robinson v Bartlett, 95 AD3d at 1532 n 1).”
Oates v. State, 597 N.Y.S.2d 550 (1993). “) It is indisputable, however, that lead paint is a chemical and a contaminant that can irritate or poison, is illegal (Public Health Law §§ 1370, 1372), and falls within the general tenor of the specifically listed pollutants.”
Brown v. Maple3, LLC, 88 A.D.3d 224 (N.Y. App. Div. 2011). “Indeed, by May 2006, Amaiya’s blood-lead level had fallen to six micrograms per deciliter {see Public Health Law § 1370 [6] [defining “Elevated lead levels” as “a blood lead level greater than or equal to ten micrograms of lead per deciliter of whole blood or such blood lead…”
Bargy v. Sienkiewicz, 207 A.D.2d 606 (N.Y. App. Div. 1994). “Public Health Law § 1370 (3) terms a lead hazard as " '[a] condition conducive to lead poisoning’ ”, which is defined as: "(i) paint or other similar surface-coating material containing lead in a condition accessible for ingestion or inhalation or where peeling or chipping of…”
Vasilatos v. Dzamba, 148 A.D.3d 1275 (N.Y. App. Div. 2017). “The records show that plaintiff’s elevated blood lead level was first recorded in 1990, when she was four years old, and that regular, periodic tests showed that her blood lead level remained elevated through November 1992 (see Public Health Law § 1370 [6]; Walton v Albany…”
Santiago v. New York City Bd. of Health, 8 A.D.3d 179 (N.Y. App. Div. 2004). “On December 29, 1999, Supreme Court granted the defendants’ motion for summary judgment dismissing the complaint, holding that there was no evidence “that any of the children or their parents have blood levels of 10ug/dl [10 micrograms of lead per deciliter of whole blood] or…”
Cooper v. Cnty. of Rensselaer, 182 Misc. 2d 487 (N.Y. Sup. Ct. 1999). “The court rejects plaintiffs novel argument that Public Health Law §§ 1370 through 1376 impose a special duty on the County to protect the plaintiff and concludes that they merely set forth the authority to act (Bargy v Sienkiewicz, 207 AD2d 606, 607 ).”
New York City Coalition for the Pres. of Gardens v. Giuliani, 175 Misc. 2d 644 (N.Y. Sup. Ct. 1997). “” The Public Health Law defines a “dwelling” as a “building or structure or portion thereof, including the property occupied by and appurtenant to such dwelling, which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings” (Public…”
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