BUFFALO, N.Y. (WKBW) — A Buffalo landlord has been sentenced for knowingly exposing tenants to unsafe levels of lead in violation of a county health department order.
The Erie County District Attorney's Office announced that 54-year-old MD J. Abedin was sentenced in Buffalo City Court to a one-year conditional discharge. As part of his sentence, he was ordered to keep his rental properties compliant with health department orders and perform 100 hours of community service.
The district attorney's office said Abedin admitted to failing to comply with public health law by continuing to rent his residential property at 72 Hammerschmidt Avenue between July 2019 and November 2021 in violation of an order by the Erie County Department of Health after a child tenant tested positive for lead exposure.
The district attorney's office provided a timeline of events:
- July 3, 2019 - The Erie County Health Department was notified about a child with an elevated blood lead level who resided at the Hammerschmidt Avenue home.
- July 11, 2019 - A public health sanitarian inspected the residence and attempted to work with the landlord to correct the lead-related violations.
- October 22, 2020 - Due to the property not being in full compliance with the law, a “Do Not Allow Occupancy of Dwelling Unit” notice was posted on the unoccupied residence indicating that the property must remain vacant until re-inspected and approved for occupancy by the Erie County Department of Health.
- November 6, 2020 - A public health sanitarian returned to the residence and reported that the “Do Not Occupy” notice had been removed from the front door. The house was found to be occupied. The sanitarian re-posted the notice on the house.
- December 18, 2020 - A public health sanitarian returned to the residence and observed that the “Do Not Occupy” notice had been removed from the front door a second time. The house was found to be occupied. The sanitarian re-posted the notice on the house again.
Abedin pleaded guilty in June to one count of willful violation of health laws, public health law section 12-B (1), an unclassified misdemeanor.
This is the second lead exposure case to be prosecuted by the district attorney’s office since the law was enacted in 2014. In March 2019, an Amherst man who owned property on Fargo Avenue in Buffalo was sentenced to 90 days in jail after two children were hospitalized for lead poisoning two years apart.
“I want the residents of Erie County to know that I take this crime very seriously as there are potential lifelong health consequences for children who have been exposed to this toxic substance. Any landlord who knowingly fails to comply with health department orders and knowingly exposes their tenants, especially innocent children, to lead will be prosecuted to the fullest extent of the law. Again, I want to thank the Erie County Department of Health for the work they do every day to keep our residents safe while providing my office with the necessary information to prosecute those who refuse to comply with public health laws. I encourage anyone who has a concern about lead in their home to contact the Department of Health immediately."
Any Erie County resident with concerns about lead exposure is encouraged to contact the Erie County Department of Health by calling 716-961-6800.
