Erie County District Attorney John J. Flynn announces that 40-year-old Carrie A. Preischel of Boston, New York was arraigned this morning before Buffalo City Court Judge Gary Wilson on one count of Willful Violation of Health Laws, Public Health Law Section 12-B (1), an unclassified misdemeanor.

The defendant is accused of failing to comply with public health law by renting the property, located at 468 Fargo Avenue in the City of Buffalo, to a tenant while knowingly in violation of an order issued by the Erie County Department of Health. Between January 24, 2020 and February 23, 2022, the defendant rented a residential property despite an order that suspended the occupation of the property due to unsafe levels of lead. 

In late January 2020, the Erie County Health Department received a tip to investigate potentially unsafe levels of lead in the Fargo Avenue residence. A public health sanitarian inspected the residence and attempted to work with the landlord to correct the lead-related 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, indicating that the property must remain vacant until re-inspected and approved for occupancy by the Erie County Department of Health.

While the landlord allegedly performed some remediation work, the property was not in full compliance to be approved for occupancy. A public health sanitarian posted a second “Do Not Allow Occupancy of Dwelling Unit” notice in January 2021. Despite the order, the property was allegedly rented to another tenant, who then occupied the property through February 2022.

Preischel is scheduled to return on Tuesday, November 15, 2022 at 9:30 a.m. for further proceedings. She was released on her own recognizance as the charge is a non-qualifying offense for bail.

If convicted of the charge, Preischel faces a maximum sentence of one year in jail.

Lead is a toxic substance, but it was previously used as an ingredient in household paint prior to 1978. Residents who live in older homes, especially with children, should be cautious as lead can be found in high concentrations in dust as 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 exposure. Any Erie County resident who is 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 is being prosecuted by Assistant District Attorney Gary M. Ertel of the Public Integrity Unit.

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