Local Law 1 & 31
The NYC Lead Poisoning Prevention Law was put in place to minimize lead poisoning in New York City, specifically in young children.
What is Local Law 1?
Local Law 1 of 2004 requires landlords to inspect for and remediate lead paint hazards in NYC apartments. It focuses on apartments of young children ages 6 and under.
The building was built before 1960
The building has 3 or more apartments. As of February 2021, all of Local Law 1 or 2004 also applies to tenant occupied 1 and 2 unit buildings.
A child under the age of 6 resides in the apartment
What Are Lead-Based Paint Hazards?
Lead is a harmful metal often found in old paint that can be poisonous, especially for young children and pregnant women, if ingested. Young children can swallow lead paint dust and/or chips from window sills and floors. Lead-based paint was banned in New York City in 1960; however, older buildings may still have old paint in them. Property owners of these buildings are responsible for keeping tenants safe from these hazards.
1. Dust from Peeling Paint
2. Peeling or Damaged Lead Paint
3. Lead Paint On:
a. Crumbling Plaster or Rotting Wood
b. Doors and Windows that Rub or stick together
c. Window Sills or Other Surfaces That Have Been Chewed On By Children
Owners of apartments and/or building must ensure proper management of the Local Law 1 requirements. These requirements also exist for units built between 1960 and 1978 if there is a known lead-based paint hazard present.
2. Fix Known Paint Hazards
3. Use Safe Work Practices
4. Maintain Records
5. Certify Compliance
Local Law 1 of 2004 stipulates certain annual requirements in order for apartment and building owners to be in compliance. Owners can apply for an exemption if they believe they qualify for one.
Annual Notice to Tennants
Used to determine if there are children under the age of 6 residing in the unit.
Conduct a visual inspection in any apartments determined to have a child under 6 living there.
Fix Deteriorated Paint
The owner must assume the deteriorating paint is lead-based or they can have a licensed 3rd party inspect it.
Each time a tenant vacates an apartment, Local Law 1 requires owners to perform certain lead-based paint activities in order to ensure the unit is safe and ready for the next tenant to move in. Turnover requirements must be completed regardless of whether or not a child under the age of 6 resides in the unit. Owners can apply for an exemption if they believe they qualify for one.
Address All Lead-Based Paint Hazards
Follow Safe Work Practices
Clearance dust wipes must be performed once remediation work is completed
An apartment or building owner is able to apply for an exemption of the above mentioned annual and turnover requirements if they believe the unit(s) meet certain criteria. In order to qualify for exemption, the owner must provide specific documentation of one of the below to the HPD.
The unit or building is known to be free of lead-based paint.
The unit or building as been made free of lead-based paint through permanent removal.
The unit or building has been made lead safe using containment or encapsulation methods
NOTE: HUD plans to lower the current lead-based paint threshold as per Local Law 66 of 2019. Once this new threshold takes effect, as units become vacant, a new lead-based paint inspection will need to be completed and submitted to the HPD for exemption.
EPA certified inspectors or risk assessors must be used with no affiliation to the owner or potential remediation company
Inspections must take place within 5 years (by August 9, 2025)
If a child under the age of 6 resides in the unit, the inspection must be completed by August 9, 2021 or within 1 year of the child moving in
Local Law 31
As of August 9, 2020, owners must use a 3rd party, EPA certified inspector or risk assessor to test for lead-based paint on all painted surfaces using a HUD approved x-ray fluorescence (XRF) analyzer in all units built prior to 1960.
More information regarding Local Law 31 is planned to be released by HPD shortly.