Erie County District Attorney John J. Flynn announces that 41-year-old Carrie A. Preischel of Boston, New York pleaded guilty this afternoon before Buffalo City Court Judge JaHarr Pridgen to one count of Willful Violation of Health Laws, Public Health Law Section 12-B (1), an unclassified misdemeanor. The defendant pleaded guilty to the highest sustainable charge.
The defendant failed to comply with public health law by renting an apartment to a tenant while knowingly in violation of an order issued by the Erie County Department of Health that suspended the occupation of the property due to health code violations.
In late January 2020, the Erie County Health Department received a tip to investigate potential health code violations at the defendant’s rental property located at 468 Fargo Avenue in the City of Buffalo. A public health sanitarian inspected the residence and attempted to work with the landlord to correct chipping paint, a condition conducive to lead poisoning, and other violations. Due to the property not being in full compliance with the law, a “Do Not Allow Occupancy of Dwelling Unit” notice was posted in February 2020 when the property was vacant, which ordered that the property remain vacant until re-inspected and approved for occupancy by the Erie County Department of Health.
While the landlord performed some remediation work, the property was not in full compliance to be approved for occupancy. A public health sanitarian posted a second no-occupancy notice on the property in January 2021. Despite the order, the property was rented to another tenant, who occupied the property through February 2022.
Preischel faces a maximum of one year in jail when she is sentenced on Monday, November 27, 2023 at 9:30 a.m. She remains released on her own recognizance as the charge is a non-qualifying offense for bail.
Before lead was known as a toxic substance, it was an ingredient in household paint prior to 1978. Residents who live in older homes, especially with children, should be cautious about lead exposure as it can be found in high concentrations in dust as old paint deteriorates over time. Children who are exposed to small amounts of lead through the consumption of chipped paint or inhalation of contaminated dust can suffer serious health effects such as learning disabilities, behavioral problems, seizures, coma, and possibly death. At this time, there is no treatment to reverse the negative health effects of lead poisoning.
“I want the residents of Erie County to know that I take this crime very seriously as there are potential lifelong health consequences for children who have been exposed to this toxic substance. Any landlord who does not comply with a health department order and knowingly exposes their tenants, especially innocent children, to lead will be prosecuted to the fullest extent of the law. I want to thank the Erie County Department of Health for the work they do every day to keep our residents safe while providing my office with the necessary information to prosecute landlords who refuse to comply with public health law. I encourage anyone who has a concern about lead in their home to contact the Department of Health immediately,” said Erie County District Attorney John J. Flynn. “
If you live in an older home or apartment building, it is important to protect yourself and your children from lead. Any Erie County resident concerned about potential exposure to lead is encouraged to contact LeadSAFE Erie County by calling 716-961-6800 or e-mail to leadsafe@erie.gov.
DA Flynn commends the Erie County Department of Health public health sanitarians for their work in this investigation.
The case was prosecuted by Assistant District Attorney Gary M. Ertel of the Public Integrity Unit and Assistant District Attorney Mitchell C. Boughton of the Buffalo City Court Bureau.