Lead Paint Laws – NYC
Summary of NYC Lead Paint Law
Lead-based paint in aging buildings is a serious hazard to public health.
For rental owners and landlords:
In efforts to reduce residential lead exposure and childhood lead poisoning, New York City has established several lead safety laws, which we explain below.
Navigation:
For homeowners: see the FAQ.
Understanding Lead Paint Requirements in NYC
Local Law 1 of 2004
Also known as the Childhood Lead Poisoning Prevention Act, this bill has called for rental owners to conduct inspections for lead paint since 2004. It applies to properties built:
- Before 1960
- Between 1960-1978 if there is known presence of lead paint.
While mandatory lead inspections in NY were once limited to multiple-dwelling rental units where children under age 6 resided, as well as during tenant turnover, as of June 2023, all NYC rental dwellings need lead inspections by 2025 or earlier in some cases.
Requirements:
Lead Inspection & Notice
- Annual notice of lead hazards and to inquire about any child residency
- Include the EPA pamphlet “Lead in the Home”.
- Duly attempt to collect any missing tenant response to the above.
- Assumption of lead-based paint unless tests prove otherwise.
- Inspect and repair lead paint hazards upon tenant turnover.
- Previously: conduct annual visual inspection in units with kids under 6 and in all units at tenant turnover.
- Updated: have certified XRF lead inspection in all rental units by a specific deadline.
Lead Repairs & Removal
- If lead is found, provide for lead paint remediation using licensed workers.
- Ensure use of lead work safe practices and licensed contractors for work presumed to disturb lead.
- You must use an EPA-certified lead abatement company like AAA Lead Professionals!
- After lead abatement, give tenants a copy of clearance dust-wipe results.
- Retain records for 10 years on all lead inspections, work, notices, etc.
AAA Lead Professionals can help with both detecting and getting rid of lead in your property!
Get a QuoteLocal Law 31 of 2020
This bill is an update to the above Local Law 1. Instead of annual inspections in only multiple-dwelling rentals with small children and at times of turnover, Local Law 31 mandates that NYC rental dwellings need an XRF lead inspection by August 2025 or earlier.
Deadline:
If there is a child under age 6 residing in the unit, the lead inspection must take place within one year of the child moving in.
For all other units, the inspection must happen by August 9, 2025. This is 5 years from the law taking effect (the 5 Year Testing Requirement).
Eligibility:
This law applies to all pre-1960 rental units in NYC, as well as dwellings constructed between 1960 and 1978 if there is known lead paint presence.
Requirements:
- All painted surfaces in all applicable rental units must be XRF tested.
- The inspection can only be conducted by an EPA-licensed inspector or risk assessor
- Any lead hazards must be abated or fully remediated by an EPA-licensed contractor or firm like AAA.
- Any work disturbing presumed lead paint including renovations, repair, and painting must be done by trained personnel.
- The owner is responsible for all of the above.
Get an XRF lead inspection from us to comply with this law if you haven’t already!
Get a QuoteLocal Law 66 of 2019
This bill amended the standards for defining lead-based paint or a lead-based paint surface, as detected by an XRF analyzer gun and EPA-certified lead inspector or risk assessor.
The definition of lead-based paint is now 0.5 mg of lead content per cm2. It was previously set to 1 mg/cm2.
Other provisions include:
- Lowered limits for blood lead levels (defining lead poisoning in children) from 10 to 5 ug/dl.
- Lowered lead limits for dust clearance wipes in floors and window sills.
The law took effect in December 2021. Any Lead-Free certificates issued at the previous threshold are no longer valid. Click here for more details from the NY gov.
Other Laws & Regulations
With lead paint exposure being the primary cause of residential lead poisoning, NYC has been strengthening existing lead laws to protect the public.
Here are other new lead paint rules:
- Local Law 29 of 2020:
Defines “multiple dwellings” as including one and two family house rentals, except those occupied by property owners, shareholders, or their family. This includes condos and co-ops. - Local Law 70 of 2020:
Mandates that HPD conduct 200 audits per year for abiding by lead requirements, among other stipulations and revising work safe practices. - Local Law 64 of 2019:
Clarifies the meaning of “in which a child under 6 resides”. Previously not specifically defined, “resides” now refers to permanent residence as well as units in which children routinely spend 10 or more hours a week.
Certified XRF Lead Inspections NYC
No matter what kind of licensed lead services you need in New York City, AAA Lead Pro has you covered. With fast response times, 5-star reviews, and over a decade of experience, we’re proud to be a top lead inspection firm in NYC.
From the Bronx and Brooklyn to Manhattan, Queens, Staten Island and even surrounding counties like Orange, Nassau, and Duchess, the Big Apple trusts AAA Lead Professionals.
Reach out to learn more
Contact us for a quote on all your lead needs, from lead tests to lead-based paint remediation and clearance samples.
FAQ
What are the deadlines to inspect NYC rentals for lead paint?
By the latest, all pre-1960 and some pre 1978 rental units need an XRF lead inspection by August 9th, 2025.
Alternatively, if there is a child aged under 6 residing in the unit, the deadline is one year from move in.
Who is responsible for removing lead-based paint hazards in NY?
For rentals:
If a lead inspection and test finds lead hazards, the owner or landlord is responsible for licensed abatement or removal of the lead paint.
If it’s a home sale:
You’re not required to test for or remediate lead hazards before selling your property, but it makes the property more appealing to buyers!
If it’s your own property:
Private residential building owners aren’t legally obligated to remove lead, but it’s strongly recommended due to the health risks of lead exposure.
Who can conduct lead inspections and remediation in NYC?
Only trained, licensed professionals can be hired to conduct any kind of work that disturbs lead paint or presumed lead paint.
All projects that disturb lead-based paint require a contractor or firm to be certified by the Environmental Protection Agency, like ourselves. Ask us for details!
Are there NYC lead paint requirements for homeowners?
Yes, if your NYC home was built before 1978:
- You must give a Lead Paint Disclosure Form if selling or leasing the home.
- When hiring contractors for any work that disturbs lead paint, you must ensure they are certified lead to work with lead.
If you intend to lease the property, it becomes a rental. The requirements above for rental properties would then apply.
Where can I download sample compliance forms?
You can download and print sample NY lead compliance forms and materials here:
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