Three environmental advocacy groups, represented by Earthjustice, have filed a lawsuit against the New York State Department of Health (DOH) on Thursday, accusing the DOH of failing to protect tenants, especially children, from lead poisoning by improperly enforcing the state’s Proactive Lead Inspection Law (PLIL),which took effect in November 2025.

The suit focuses on two of DOH’s regulations to enforce the law. Sections 67-2 and 67-5 of the New York Codes, Rules and Regulations will cause inspections to miss lead hazards despite the intentions of the law, according to Earthjustice.

The environmental groups also allege that DOH has also violated Article 1, Section 19 of the state constitution, the “Environmental Bill of Rights,” which consists of “Each person shall have a right to clean air and water, and a healthful environment.” They have asked the court to declare the two regulations “arbitrary and capricious, and an abuse of discretion” and direct DOH to revise them.

The disputed sections allow inspectors to skip soil testing for lead when there is snow on the ground. They also do not require visual inspections of or dust wipe samples from open porches, which is where many children play, despite this being a standard procedure used by the US Environmental Protection Agency and required by the PLIL. When an inspection finds lead paint, the regulations allow landlords to simply paint over it, rather than remove it. DOH also uses an “antiquated” scientific standard for defining lead paint which is significantly higher than New York City’s, meaning that New York State would not identify as dangerous some paints that New York City bans.

The PLIL also created a Lead Rental Registry. Under this section, property owners must address lead hazards in pre-1980 residential rental housing with two or more units. The registry lists housing units in 25 communities that have been certified as free of lead hazards.

This legal challenge highlights the escalating tension between public health mandates and state administrative enforcement testing the boundaries of constitutional environmental rights. Ultimately, the court’s final decision will determine not only the safety of children in New York rental housing, but also how strictly state agencies must adhere to statutory intents, echoing broader national battles over lead enforcement actions over the years.

Previous cases include the 2020 EPA enforcement case that secured a landmark 20.75 million dollar penalty against Home Depot for violations of lead-safe renovation rules and the 2018 Supreme Court decision allowing a California ruling to stand that held lead paint manufactures liable for millions of dollars in damages.