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Landlord pleads guilty to violating public health law

Carrie A. Preischel, 41, of Boston, NY, pleaded guilty in Buffalo City Court to one count of Willful Violation of Health Laws, Public Health Law Section 12-B (1).
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BUFFALO, N.Y. — A WNY landlord pleaded guilty to violating public health laws

Carrie A. Preischel, 41, of Boston, NY, pleaded guilty in Buffalo City Court to one count of Willful Violation of Health Laws, Public Health Law Section 12-B (1).

Investigators say Preischel did not follow public health law when she rented an apartment to a tenant when the Erie County Health Department had issued a no occupancy order due to health code violations. 

In January 2020, the health department received a tip of a health code violation at Preischel's rental property  on Fargo Avenue in Buffalo. A health sanitarian from the health department inspected the property and tried to work with Preischel to get fix the chipping paint, as well as other violations.  The chipping paint was a concern because of possible lead paint.  Because the property was not in compliance, a “Do Not Allow Occupancy of Dwelling Unit” notice was posted in February 2020.  

While some of the remediation work was completed, it was still not in compliance and a second order of no occupancy was posted.   Despite the order and the apartment not brought up to code, Preischel rented out the property to another tenant who lived there through February 2022.

“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. “

Preischel could face a maximum of one year in jail when she is sentenced November 27, 2023.  She remains released on her own recognizance.

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