Legal Updates

Copoulos Wins Anti-Lead Ordinance Claim

Mark Copoulos is a civil defense trial lawyer in Philadelphia, PA.  One the sorts of cases he handles on a regular basis is Philadelphia Anti Lead Ordinance claims. The Philadelphia Lead Paint and Disclosure Law requires landlords to lead inspect properties built before 1978, where the property is being rented to an individual with children under six (6) years old.  If the landlord does not inspect the property, he may be responsible for returning all rent, paying attorneys fees, damages arising from lead poisoning and other costs if sued. Many tenants who are being evicted raise Lead Ordinance claims against their landlords. While these claims are often not massive in terms of recovery, many tenants recover between $5,000-20,000 from landlords because they are a targeted group that never received a lead safe certification.

Civil defendant, D.D., came to Mark Copoulos with such a problem.  He had sued to evict his tenant.  The tenant retained an attorney who filed a counterclaim under the Philadelphia Lead Paint and Disclosure Law.  Citing to the Philadelphia Anti Lead Ordinance, the Tenant argued she was entitled to full repayment of rent over a three year period.  The tenant had a young son who had not tested positive for lead.  Nevertheless she argued that because she did not receive a certificate she was entitled to full compensation.

Copoulos and D.D. refused to settle the case.  The Tenant’s attorneys insisted on receiving a substantial sum and threatened it would be higher if the case was litigated.  Instead the matter was tried in court with great success.  The judge ultimately ruled that D.D. was permitted to evict the tenant.  The Honorable Court further held that no money was owed Tenant under the Philadelphia Lead Paint Ordinance.  While the court did not provide a specific reason for the ruling, Copoulos admitted evidence at trial showing the property was freshly painted when tenant moved-in.  Therefore, the likelihood of lead contamination or exposure was exceedingly low.

Copoulos helped D.D. schedule the eviction, and the sheriff will finalize the lockout next month.  If you have been sued by a tenant under the Philadelphia Anti Lead Disclosure law contact the Law Office of Mark D. Copoulos. We provide experienced and aggressive defense to individuals facing such claims.  Do not settle your case before exploring the possibility of litigating and winning an anti-lead claim.  For a free consultation contact Mark Copoulos at 267-535-9776.