CHANGES TO THE LEAD PAINT LAWS
LOCAL LAW 31 of 2020 has a deadline of August 9, 2025 and mandates:
- X-Ray Fluorescence (XRF) lead paint inspections
- Environmental Protection Agency (EPA)-certified inspectors exclusively do the inspection to test for the presence of lead-based paint in residential “multiple dwelling” buildings
- Must be a 3rd-party inspector, independent of the owner, or any firm hired to perform lead paint remediation
- 5-year testing requirement, meaning that all residential buildings pre-1978 in NYC must have all dwelling units inspected for lead paint by August 9, 2025.
- Inspection reports and records must be kept for 10 years as proof for Record Production Orders (RPOs) and made available to HPD upon request as audits will be done periodically.
LOCAL LAW 66
BEGINNING DECEMBER 1, 2021 to current date
LEAD THRESHOLD OFFICIALLY DROPPED TO 0.5 FROM 1.0 mg/cm2
All XRF lead test must be done using the 0.5 threshold. Any results over 0.5 are considered positive for lead.
Child under age of 6 "RESIDES" in the apartment.
For children under the age of 6, the term “resides” in a dwelling unit of a pre-1978 building means the child either lives in, or routinely spends 10 or more hours per week.
Therefore, XRF testing requirements also apply to properties in which a child visits and spends time in regularly, even if they do not live there.
LEAD ABATEMENT REQUIREMENTS - LOCAL LAW 31 / LOCAL LAW 123
All Lead Remediation/Abatement is to be performed by an EPA Certified Lead Abatement Contractor.
An Epa Licensed Supervisor and Epa Certified Worker must perform the work
And provide notarized affidavits upon completion of abatement work.
LOCAL LAW 123 - LEAD ABATEMENT REQUIREMENT - CHILD UNDER 6
- If a child under 6 resides in the unit as of January 1, 2025, the work must be performed by July 2027.
- If a child under 6 comes to reside in the unit after January 1, 2025, the work must be performed within 3 years of that date.
- Presumed failure to comply, based on an audit or record submission request from HPD, constitutes a class B violation and a civil penalty of up to $1500
LOCAL LAW 122 - BEGINS AUGUST 9, 2025 - RECORD SUBMISSION AND FINES
- Starting in August 2025: Owners must also submit records of XRF testing completed before 2025 as required by Local Law 31 (dwelling units) and Local Law 111 (common areas).
- Record Submission Requirements: Whenever HPD issues a violation for lead-based paint hazard or turnover violations, building owners are now required to submit, within 45 days, records of the annual notice and any investigations conducted by the owner for the immediately previous year.
- Violation Dismissal: Violations issued for failure to produce records (owners are required to keep documentation of annual notices and lead-based paint investigations for 10 years) may now be dismissed if owners submit documentation of records for at least 3 years and makes a payment of $1000 for each year of the 10-year period for which documentation is not submitted.