BUFFALO, N.Y. (WKBW) — The downfall of Preischel Realty continued in Buffalo City Court on Monday when landlord Carrie A. Preischel, of Boston, NY, was sentenced to a one-year conditional discharge and 100 hours of community service for exposing a child to lead at 468 Fargo Avenue in Buffalo. That multi-family home has been at the center of an almost two-year 7 Problem Solvers investigation.
Buffalo City Court Judge JaHarr Pridgen did not put Preischel behind bars, but in addition to the conditional discharge and community service, ordered the 41-year-old to also pay a $200 fine.
Erie County District Attorney John Flynn acknowledged that while Monday's penalty is a "slap on the wrist" he told 7 News that he hopes it sends a message.
"I'm hopeful that the initial misdemeanor arrest sends a message to the community," said Flynn. "I'm going to charge you, and make your life difficult...before someone gets sick."
Preischel's attorney said in court that Preischel Realty has been liquidated, and most of the company's properties have been sold to someone else. The defense attorney said that Preischel is "not the worst defender," as she has complied with housing court. The attorney said Preischel has given back to the community and invested $130,000 into 468 Fargo. The attorney said the conditions there were nice adding, "I would live there."
However, 7 Problem Solvers has received more than a dozen emails and calls from former tenants and employees of Preischel Realty that would say otherwise. They all said the company neglected awful conditions. Those allegations poured into 7 Problem Solver Michael Schwartz's inbox after he interviewed Jackie Martinez almost two years ago. Schwartz had to make a subfolder in his inbox for the complaints being sent his way.
Martinez moved into the lower part of 468 Fargo Avenue in December of 2019. That's where she said her granddaughter was exposed to lead. Martinez notified the health department, which led to legal action being taken against Preischel.
By January 2020 violations were noted at the property. Schwartz obtained documents from the Erie County Health Department that listed issues including:
- Rat infestation
- Broken windows
- Sewage in basement
- Exposed wires
- Lead exposure
A "Do Not Allow Occupancy of Dwelling Unit” notice was posted in February 2020. Some remediation work was done to the property, but it still wasn't up to code by January 2021. Still, prosecutors said Presichel ignored the order, and rented the apartment to another tenant through February 2022.
An Erie County lead survey concluded that there were at least 30 areas in the lower part of 468 Fargo that had hazardous lead exposure.
By February 2022, the lead was still not fixed, according to a letter Schwartz obtained from the Erie County Department of Health. It stated that if all corrections of lead-based paint violations weren't completed by March 16, 2022, then legal action would be taken by the Erie County Department of Health.
During this time an investigation found that Preischel still rented the 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."
On September 29, 2023, Preischel pleaded guilty to one count of Willful Violation of Health Laws, Public Health Law Section 12-B (1), an unclassified misdemeanor.
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-mailing leadsafe@erie.gov.
