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November 11, 2009
Keeping Brownstone Shutters?
I am a renter in a brownstone. We love our shutters. The owners want to remove them on the premise that there may be lead dust in them. I understand that, but they are painted, we do not touch them, and I would prefer to leave them up rather than take them down. Do I have any recourse? We rented this unit with shutters and we want our shutters. They were painted 18 months ago, and seem fine.
Comments
tell your LL that the only time lead in old paint is a concern is when paint is chipping or being removed -- and since they were painted just 18 months ago and paint in this country has not had lead in it for WAY longer than that, it's hard to understand their concern.
And, speaking as a LL myself here, I'd think you are entitled to the premises and their contents as they were when you signed a contract to rent them....LL should not be able to remove an amenity, which is clearly how you view the shutters even if they don't.
Posted by: bricktop at November 10, 2009 10:34 PM
Hi,
Is the landlord abating the lead condition because of a violation?
The landlord has a responsiblity to abate lead in his/her building. Regular paint does not abate lead.
I had to do lead abatement at my home. When we tested lead was found on all the doors and window even though they were painted less that a year before. There was no lead on the walls as we had them skim coated.
There are strict conditions for removing lead, similar to asbestos abatement. You can use a special lead stop paint on the shutters. However before painting, you will need to wet sand. The room has to be sealed, wet mopped and vacummed with a hepa vacuum cleaner. A resperator has to be worn will the work is done. It is an expensive process and should be performed by an EPA certified lead abatement company.
Here is a link to the NYC gov page on lead abatement
Posted by: BedstuyMaven at November 10, 2009 11:01 PM
shutters can easily be sent out for stripping. when they come back- no paint -no lead! start fresh from the raw wood.
Posted by: ParkSlopePS at November 11, 2009 6:57 AM
We painted some of the molding in our house that tested positive for lead with a lead encapsulating paint purchased from Janovic Plaza.
Posted by: sourgrapes at November 11, 2009 11:18 AM
With something like a shutter, window, or door that moves, the effect of surfaces brushing against each other will cause paint dust, hence lead dust if the item was ever painted with lead paint. But like the other poster says, if you strip them, problem is gone.
Posted by: mopar at November 11, 2009 11:32 AM
seems odd to focus in on shutters when every painted surface in a brownstone contains lead -from the baseboards to the ceiling. Disturbing these features while the room is occupied is the big no-no. Never ever sand or strip woodwork with children anywhere nearby. Vacuuming makes it worse. Either have the place professionally abated when no one is living there or leave it alone.
Posted by: Minard Lafever at November 11, 2009 11:43 AM
First, I agree with bricktop that you're entitled to the shutters remaining if they were there when you signed the lease. It would never have occurred to me to remove anything, let alone "fixtures", from my tenant's apartment without their consent.
As for abatement, even though, at the time of lease signing, my tenants and I both signed the disclosure form acknowledging that I had no knowledge - one way or the other - of any lead paint in their apartment, several months AFTER they moved in, they decided, without either consulting or telling me, to have their apartment tested for lead. (As an aside, my tenant's apartment was a beautiful, newly gut-renovated, 3-bedroom duplex.) To my surprise, lead paint was found ONLY on 3 bedroom doors and on the surrounding moldings and baseboards, buried beneath 30 years of non-lead paint. Before sharing the results with me, my tenants then reported me to the Department of Health, which contacted me and was pretty nasty; but, when DOH learned that my tenants had signed the lead paint disclosure form and that I was not a slumlord, they apologized to me and told my tenants they were on their own. I offered to let my tenants out of the lease, and even though I was under no obligation, and there was no chipping or exposed lead paint, I offered to have my contractor paint the doors and moldings with lead encapsulating paint, which is what we finally agreed on.
Posted by: CarrollGardened at November 11, 2009 12:34 PM
Interesting comments. But the question was about recourse. The owner has stated the reason is lead and that would be good enough for me, having someone that is interested in your well-being...or at least pretending to be is not often found.
Have you asked if they will be replaced once the others are removed? That should really be your issue. I feel that if the shutters are replaced, your question about recourse is answered.
Posted by: cillmylandlord_again at November 11, 2009 12:48 PM
before recourse there's negotiation. the tenant could offer to share the cost of having the shutters stripped, would be the first thing that comes to my mind. as for whether the tenant can prevent the ll from removing the shutters, it seems unlikely. as for the ll, why now? maybe there is more here than meets the eye?
Posted by: raphael9 at November 11, 2009 1:37 PM
Don't we think that most if not all of the tenements and Brownstones built here in Brooklyn all have lead paint buried beneath 1000 coats of paint?
Surely after so many coats of paint, the lead must be sealed......
If the tennant signed some sort of release knowing that the shutters contains lead that should cover the LL arse????
and since the tennants like the shutters and seem to be taking care of them, the lead shouldn't beleaking out.....
Posted by: STARGAZER at November 11, 2009 2:32 PM
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