Local Law 1 & Local Law 31

Local Law 1 inspections are required:

- When a building was built before 1960

- For tenant occupied 1 and 2 unit buildings

- When a child under the age of 6 resides in the unit

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.

• Dust from peeling paint

• Peeling or damaged lead-based paint

• Lead paint on:

  • Crumbling plaster or rotting wood

  • Doors and windows that rub or stick together

  • Window sills or other surfaces that have been chewed on by children

Owners of apartments and/or buildings 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.

1. Confirm Paint is Intact

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 (please see separate section regarding exemption below).

• Annual Notice to Tennant

  • To determine if there are children under the age of 6 residing in the unit

• Annual Investigation

  • Conduct a visual inspection in any apartments determined to have a child under the age of 6 living there

• Fix Deteriorated Paint

  • The owner must assume the deteriorating paint is lead-based or they can have a 3rd party lead inspector test 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 (please see separate section regarding exemption below).

• Address all lead-based paint hazards

• Follow safe work practices

• Certify Compliance

NOTE: Clearance dust wipes must be performed once remediation work is completed. (Please see separate section below)

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.

Exemption Criteria:

The unit or building

1. Is known to be free of lead-based paint

2. Has been made free of lead-based paint through permanent removal

3. Has been made safe using containment or encapulation 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.