While we are disappointed in today’s Supreme Court decision, there were some positive aspects of the ruling.

First, the court recognized the scope of the problem in New Jersey. Thousands of children are needlessly poisoned each year, damaging their growth and development and their prospects for a bright future. This problem also burdens our society with higher health and education costs. This is unacceptable. Today's court decision should remind the public and government that more needs to be done to address this dire problem.

The court also recognized that landlords bear responsibility for maintaining their properties so that paint does not deteriorate, chip and flake, creating a dangerous health threat to children living in those buildings.

The Public Advocate is investigating ways that current laws could be strengthened to close loopholes in the remediation laws that could prevent this irreversible health threat.

New Jersey has some of the oldest housing stock in the nation, with at least 2 million housing units containing lead-based paint and threatening any children who live inside them.

According to the most recent report from the New Jersey Department of Health and Senior Services, 4,547 or nearly 2.5 percent of children ages 5 and under tested had high levels of lead, compared to about 1.6 percent nationally.

This statewide epidemic disproportionately affects children of color and children from low-income families, who tend to live in the state’s older housing stock where lead-based paint and water pipes containing lead are more prevalent. 

A home should be a place of safety, but for thousands of New Jersey children, their home may be the most dangerous environment they encounter.

Finally, while the lead paint manufacturers are off the hook in this case, the court did note they could potentially be held liable under the Product Liability Act.

Read the court's ruling.