As associates based in the New York office, Brendan McNallen and Dimitrios Moscholeas probably already appreciate the "quality" of New York air. But what if that air got even worse when they went home, on the inside?

Such was the situation for a mother of two severely asthmatic children, ages four and ten, who were living in Brooklyn and suffering the consequences of a landlord’s neglect.

This case came through our pro bono work with New York Presbyterian Hospital. Social workers there referred the case because the conditions in the client’s apartment were threatening the health of her children. The landlord was cited for numerous housing violations including refusing to remove construction debris from the apartment, ignoring a continuously leaking bathroom sink that caused mold build-up and not removing lead-based paint from the walls—all conditions that exacerbated the children’s asthma symptoms. The notorious landlord has been cited for numerous violations for other properties he owns citywide.

Our lawyers were successful in negotiating a 90 percent abatement of six months’ rent in arrears—meaning the client would only have to pay 1/10 of back rent—based primarily on the uninhabitable conditions of the client’s apartment that were "posing a health and safety hazard" to the family, according to Dimitrios. 

"It’s difficult to imagine living without hot water or electricity for extended periods in the dead of winter," Dimitrios explained, "but those are the types of conditions they were living with since January. Helping them is what being a lawyer is all about."

A Happy Ending
Our story will end, we hope, with a "happily ever after": The client and her children hope to find new, more healthy accommodations within the next several weeks. "We are so pleased to have been able to help two children and their mother, especially facing such an uphill battle with trying to control their symptoms," Dimitrios said.

"It’s highly satisfying to know that you are giving children a chance to maintain their greatest asset, their health. It was a wonderful experience to have the opportunity to help this family in their time of need."

© 2008 White & Case LLP