United States Attorney for the Southern District of New York, Jamie McDonald, XX of the U.S. Environmental Protection Agency (“EPA”), Drew McCall, Chief of Staff of the U.S. Department of Housing and Urban Development (“HUD”), and Acting Inspector General Brian D. Harrison of the HUD Office of the Inspector General (“HUD OIG”), announced today that the district court has approved a settlement of a civil lawsuit filed by the United States against the ESTATE OF HARRY D. SILVERSTEIN (the “ESTATE” or the “Defendant”). The lawsuit alleges that Harry D. Silverstein (“SILVERSTEIN”) and the ESTATE routinely violated federal laws relating to lead paint safety. The Stipulation and Order of Settlement (“Settlement”), requires, among other things, that the Defendant pay a $4 million penalty. “This Office is committed to protecting the health and safety of New Yorkers,” said U.S. Attorney Jamie McDonald. “When landlords and renovators violate laws designed to protect children from lead poisoning, we will take action. Today’s $4 million penalty should put landlords and renovators on notice that violations of important federal safety laws will not be tolerated.” EPA QUOTE“Landlords of homes built before 1978 must warn tenants about known lead," said HUD Chief of Staff Drew McCall. “The defendant ignored this requirement, risking exposure of children to lead toxins and lead poisoning.”
“HUD OIG has zero tolerance for landlords who place families at risk by failing to provide safe and healthy housing,” said HUD Acting Inspector General Brian D. Harrison. “There is no excuse for violating laws that protect children from preventable exposures to lead hazards. This settlement holds the Silverstein Estate accountable for its serious failures. HUD OIG will continue working alongside the U.
S Department of Justice, HUD, and EPA to aggressively pursue those who violate the law and to ensure our nation’s most vulnerable residents are protected.”
Lead is toxic. Lead poisoning can affect children’s brains and developing nervous systems, causing reduced IQ, learning disabilities, and behavioral problems. The most common source of lead poisoning in children is ingesting deteriorated lead paint or lead dust from renovations. To protect children from this grave threat, the federal Lead Disclosure Rule requires landlords and their agents to inform tenants about the risks of lead exposure in their apartments before entering lease agreements and to disclose known facts and available records about lead paint and lead paint hazards to them so those tenants can take action to protect their children. A second key regulation, EPA’s Renovation, Repair and Painting Rule (“RRP Rule”), sets mandatory certification, training, and work-practice requirements to minimize the risk of lead exposure during renovation projects. As alleged in the United States’ Complaint filed in the district court, SILVERSTEIN and the ESTATE routinely violated both regulations. SILVERSTEIN owned, managed, and controlled more than 1,000 apartments in fourteen New York City buildings constructed before 1978 until his death in 2016. After his death, the ESTATE owned, managed, and controlled those apartments until it sold them, which in some cases was not until 2020. For years, SILVERSTEIN and the ESTATE systematically failed to provide their tenants with disclosures about lead-based paint and lead-based paint hazards in their apartments, as required by the Lead Disclosure Rule. They also failed to protect tenants from toxic lead dust during renovation work. At least 11 children residing in these buildings suffered lead poisoning during SILVERSTEIN’s ownership of the buildings.* * *
In the Settlement, the ESTATE admits, acknowledges, and accepts responsibility for the following:SILVERSTEIN and the ESTATE had an ownership interest in entities that owned and controlled 14 buildings, which contained approximately 1,000 units in New York City, all of which were built prior to 1978.
During the period SILVERSTEIN had an ownership interest in entities that owned and controlled these buildings, the New York City Department of Housing Preservation and Development issued certain lead-based paint violations in the buildings.
When SILVERSTEIN had an ownership interest in entities that owned and controlled these buildings, on one or more occasions, the ESTATE could not locate evidence that SILVERSTEIN provided a Lead Warning Statement or EPA-approved lead hazard information pamphlet to tenants entering into a new lease.
October 25 to 31, 2026, is National Lead Poisoning Prevention Week. The United States Attorney’s Office, EPA, HUD, and HUD OIG all encourage parents to learn what they can do to help keep kids safe from lead poisoning. Useful resources are available at https://www.epa.gov/lead/national-lead-poisoning-prevention-week.
Mr. McDonald thanked the EPA and HUD attorneys and staff, and agents at HUD OIG, for their critical partnership on this and other lead paint enforcement matters.
This case is being handled by the Environmental Protection Unit of the Office’s Civil Division. Assistant U.S. Attorneys Jacob Lillywhite and Jessica F. Rosenbaum are in charge of the case.