Erie County District Attorney John J. Flynn announces that 54-year-old MD J. Abedin of Buffalo was sentenced this morning before Buffalo City Court Judge Shannon M. Heneghan to a one-year condition discharge. As part of his sentence, the defendant was ordered to keep his rental properties compliant with health department orders and perform 100 hours community service.

The defendant admitted to failing to comply with public health law by continuing to allow tenants to occupy his property, located at 72 Hammerschmidt Avenue in the City of Buffalo, knowingly in violation of an order issued by the Erie County Department of Health. Between July 12, 2019 and November 30, 2021, the defendant rented his residential property despite an order that suspended the occupation of the property due to unsafe levels of lead. 

On July 3, 2019, the Erie County Health Department was notified about a child with an elevated blood lead level who resided at the Hammerschmidt Avenue address. On July 11, 2019, 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 on the unoccupied residence on October 22, 2020, indicating that the property must remain vacant until re-inspected and approved for occupancy by the Erie County Department of Health.

On November 6, 2020, a public health sanitarian returned to the residence and reported that the “Do Not Occupy” notice had been removed from the front door. The house was found to be occupied. The sanitarian re-posted the notice on the house.

On December 18, 2020, a public health sanitarian returned to the residence and observed that the “Do Not Occupy” notice had been removed from the front door a second time. The house was found to be occupied. The sanitarian re-posted the notice on the house again.

Abedin pleaded guilty, as charged, to one count of Willful Violation of Health Laws, Public Health Law Section 12-B (1), an unclassified misdemeanor, on June 7, 2022.

Lead is a toxic substance, but it was used as an ingredient in household paint prior to 1978. Individuals who reside in older homes, especially those 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, which include 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 knowingly fails to comply with health department orders and knowingly exposes their tenants, especially innocent children, to lead will be prosecuted to the fullest extent of the law. Again, 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 those who refuse to comply with public health laws. 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 call the Erie County Department of Health: 716-961-6800

The case was prosecuted by Assistant District Attorney Gary M. Ertel of the Public Integrity Unit.