What Are Lead-Based Paint Hazards?
Where Does the Lead-Based Paint Law Apply?
Unit Testing Requirement (Local Law 31 of 2020)
Effective August 9, 2020, Local Law 31 of 2020 states that an owner must use an Environmental Protection Agency (EPA) certified lead-based paint inspector or risk assessor, independent of the owner or any firm hired to perform lead-based paint remediation, to test, using an x-ray fluorescence (XRF) analyzer, for the presence of lead-based paint in each dwelling unit of a building built prior to 1960. The inspection must take place within 5 years of the effective date of the law (by August 9, 2025) or within one year if a child under the age of 6 comes to reside in the unit (whichever is sooner). This requirement must also be met if the rental building was built between 1960 and 1978 and the owner has actual knowledge of lead-based paint.
In New York City, Local Law 1 of 2004, and its amendments, require landlords to identify and remediate lead-based paint hazards in the apartments where there is a young child, using trained workers and safe work practices.
Lead-based paint hazards are presumed to exist in dwelling units and common areas if:
The building was built before January 1, 1960;
The building has tenant-occupied rental apartments; and
A child under the age of six resides in the dwelling unit.
"Resides" means to routinely spend 10 or more hours per week in a dwelling unit, which includes both a child who lives in the apartment and a child who just visits for this period of time.
Local Law 1 of 2004
Since 2004, most of Local Law 1 has applied to residential buildings with three or more units. Starting in February 2021, all of Local Law 1 of 2004 also applies to tenant-occupied, one- and two-unit buildings.
This means that, unless a property owner has tested the painted surfaces and maintains records of that testing, they must presume that the paint is lead-based paint and follow the instructions under the law for doing any types of work that could disturb a lead-based paint surface.
What Are the penalties owners can face?
The Department of Buildings (DOB) may also conduct proactive inspections of work in progress. If a property owner is determined to not have followed lead-safe work practices, there are multiple city-level penalties that can be issued by DOHMH and DOB. Penalties from DOHMH can range from $200 to $2,000 and penalties from DOB can range from $1,250 to $25,000.
Lead-based paint hazards include:
Dust from peeling paint
Peeling or damaged lead paint
Lead paint on:
Crumbling plaster or rotted wood
Doors and windows that stick or rub together
Window sills and any other surfaces that have been chewed on by children