NY Lead Paint Compliance: A Comprehensive Guide for Landlords
Schedule a lead inspection for your property ensuring you meet the recent New Jersey law.
NY Lead Law 2025
As a landlord in New York, are you fully aware of your responsibilities under the city’s lead paint laws? Non-compliance can lead to severe penalties and, more importantly, pose significant health risks to your tenants, especially young children. This guide provides an in-depth look into your obligations, recent legislative changes, and actionable steps to ensure your properties are safe and compliant.
Key Laws on NY Lead Paint
Several local laws outline the responsibilities of landlords concerning lead paint:
Local Law 1 of 2004 (Childhood Lead Poisoning Prevention Act): Presumes the presence of lead-based paint in buildings constructed before January 1, 1960, that are tenant-occupied and house children under six.
Local Law 31 of 2020: Mandates X-Ray Fluorescence (XRF) lead inspections by EPA-certified inspectors for all dwelling units in pre-1960 buildings by August 9, 2025, or within one year of a child under six residing in the unit, whichever comes first.
Local Law 111 of 2023: Requires XRF testing of common areas in multiple dwellings by August 2025, with records maintained and submitted to the NYC Department of Housing Preservation and Development (HPD) upon request.
Steps to Ensure Compliance
To align with NYC’s lead paint regulations, consider the following:
Schedule XRF Inspections: Hire EPA-certified inspectors to conduct XRF testing in all units and common areas before the August 9, 2025, deadline.
Implement Safe Work Practices: Ensure all maintenance staff are trained in lead-safe work practices.
Use certified contractors for significant renovations or repairs.Maintain Comprehensive Records:
Document all inspections, tenant communications, and remediation efforts meticulously.Educate Tenants: Provide tenants with information on lead paint hazards and encourage prompt reporting of peeling or deteriorating paint.
Stay Informed: Regularly review updates from HPD and other relevant agencies to stay abreast of any changes in regulations.
Consequences of Non-Compliance
Failure to comply with lead paint regulations can result in:
Financial Penalties: Significant fines imposed by city agencies.
Legal Action: Potential lawsuits from tenants or the city.
Tenant Health Risks: Increased risk of lead poisoning among residents, particularly children.
Property Devaluation: Negative impact on property value and rental income.
Recent Changes Impacting Landlords
Recent legislative updates have introduced stricter standards:
Lower Lead Threshold: The definition of lead-based paint now includes surfaces with a lead concentration of 0.5 mg/cm² or higher, down from the previous 1.0 mg/cm².
Expanded Applicability: Local Law 1 requirements now extend to tenant-occupied one- and two-unit buildings.
Violation Enforcement: HPD will issue violations for failure to remediate lead-based paint on door and window friction surfaces if tested positive during inspections, especially for tenants who moved in after August 2004.
Exemption Revocations: Previous exemptions are revoked upon tenant turnover; new exemptions must meet updated testing standards.
Increased Audits: HPD is intensifying audits of landlords’ lead paint compliance records.
Landlord Responsibilities Under Local Law 1
If your property meets the criteria outlined in Local Law 1, you are required to:
Annual Visual Inspections:
Conduct yearly checks to ensure paint is intact in units and common areas.
Address peeling paint and deteriorated surfaces promptly using safe work practices.
Utilize EPA-certified firms for significant repairs disturbing lead-based paint.
Recordkeeping:
Maintain documentation of inspections, repairs, and communications with tenants for at least ten years.
Tenant Notifications:
Distribute annual notices to tenants regarding lead paint hazards and maintain records of responses.
Safe Work Practices:
Ensure all repair work that disturbs lead-based paint is performed by trained workers following lead-safe protocols.
