Erie County District Attorney John J. Flynn was joined by Erie County Executive Mark C. Poloncarz and Erie County Health Commissioner Dr. Gale R. Burstein to announce the arrest of a Buffalo landlord under public health law. This is the first case to be prosecuted under the public health law enacted in 2014.

Erie County DA John Flynn announced that 41-year-old Maxim Levin of Amherst was arraigned before Buffalo City Court Judge Amy C. Martoche this morning on one count of Willful Violation of Health Laws, Public Health Law Section 12-b (1), a misdemeanor offense. The defendant is accused of failing to comply with public health law by continuing to allow tenants to reside at 451 Fargo Avenue in willful violation of a “Do Not Occupy” order issued by the Erie County Department of Health.

In November 2016, the Erie County Health Department was notified about a child with an elevated blood lead level who resided at the Fargo Avenue address. A public health sanitarian inspected the residence and attempted to work with the landlord to correct the violations.

Then in July 2018, the health department was notified again about a second child with an elevated blood lead level who resided at the same address.

Due to the property not being in compliance with the law, a “Do Not Allow Occupancy of Dwelling Unit” notice was posted in September 2018, indicating that the property must remain vacant until it was re-inspected and approved for occupancy by the Erie County Department of Health.

Later that month, the public health sanitarian returned to the residence and observed that the “Do Not Occupy” notice had been removed from the front door. Notices were re-posted on the front door and the side door of the house.

The residence was inspected again in January 2019 and found to be occupied.

Levin is scheduled to return on Wednesday, April 3 before Buffalo City Court Judge Andrew C. LoTempio for further proceedings. He remains in custody on an unrelated federal charge.

Lead paint is often found in old homes because it was a common ingredient in household paints until 1978. Chipping or peeling paint is the leading source of lead poisoning. As paint deteriorates, lead can even be found in high concentrations in household dust.

Children are particularly vulnerable to lead poisoning. Exposure to even a small amount of lead can have serious health effects such as decreased IQ, learning disabilities, and behavioral problems. In higher levels, lead poisoning can result in seizures, coma, and even death. There is no treatment to reverse the adverse health effects of lead poisoning.

If you live in a home or apartment constructed prior to 1978, it is important to safeguard your child from lead exposure. If you see chipping or peeling paint in your rental property, call the Erie County Department of Health at 716-961-6800 to report the problem.

“Lead poisoning can have serious health consequences, and I want landlords in Erie County to know that I take this crime seriously,” said Erie County District Attorney John J. Flynn. “I want to thank County Executive Poloncarz and Commissioner Dr. Burstein for not only putting a spotlight on this issue, but providing my office with the necessary information to prosecute this offender.”

“Lead poisoning is a vital concern and one that we take very seriously, as today’s action shows. Landlords in Erie County are now put on notice: if you violate a Health Department order we will prosecute you to the fullest extent of the law. We will not tolerate the poisoning of our most precious resource: our children,” said Erie County Executive Mark C. Poloncarz.

“Buffalo has some of the oldest housing stock in the United States,” said Erie County Health Commissioner Dr. Gale Burstein. “This residence is located in one of Erie County’s lead poisoning prevention ‘Communities of Concern.’ Alongside prevention programs and lead-safe work practices training, we may use enforcement actions, like today, as a tool to address lead exposure to protect public health.”

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.