and its use of flimsy technology to test for lead hazards.
That same day, NYCHA informed DOHMH that it intended to contest the results, despite not yet having conducted its own lead tests. On April 24, NYCHA conducted its own tests, using analysis of paint chips rather than XRF; Whitaker says this is a less reliable test that’s more prone to error. Furthermore, Whitaker believes NYCHA is unable to impartially conduct the tests since the authority is her landlord, and thus an interested party.
that when an owner objects to DOHMH lead test results, the department can rely on its own testing if it believes that “will be more protective of the health of a child with an elevated blood lead level.”said in an affidavit Pedone’s firm was contracted by Whitaker’s lawyer to conduct a third-party lead analysis using XRF, andWhitaker is petitioning a judge to reinstate the 16 violations DOHMH tossed to the wayside, and direct the department to enforce its commissioner’s order against NYCHA.“That NYCHA objected to DOHMH’s COTA herein was predictable. Upon information and belief, it is NYCHA’s business practice to routinely challenge DOHMH’s determinations found in COTAs,” wrote her attorney, Reuven Frankel.