New York Local Laws

The guidance around New York's Local Laws are constantly changing and evolving. It's a full-time job just keeping up with it. Let us handle as much or as little of the process as you'd like and you can keep working on the rest of your to-do list!
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Local Law 1

Local Law 1 of 2004, the NYC Lead Poisoning Prevention Law, requires landlords to inspect for and remediate lead-based paint hazards in New York City apartments. 

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Who needs to complete a Local Law 1 Inspection?


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




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.

  • 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




What are the owners' responsibilities?


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




What are the annual requirements for Local Law 1?


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




What are turnover requirements?


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)




How do you obtain an exemption?


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.





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Local Law 31

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As of August 9, 2020, unit owners must use a 3rd party, EPA certified, inspector or risk assessor to test for lead-based paint on all painted surfaces. 

*More information regarding Local Law 31 is planned to be released by HPD shortly.

Tell me more!

Who needs to complete a Local Law 1 Inspection?


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




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.

  • 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




What are the owners' responsibilities?


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




What are the annual requirements for Local Law 1?


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




What are turnover requirements?


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)




How do you obtain an exemption?


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.





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Not only can Maypole help lift current violations, we can also help prevent you from receiving any in the future. We will keep our ear to the ground regarding new rules and regulations so you don't have to find out after the fact. 

 

Local Law 55

On January 18th, 2018,  New York City Council passed Local Law 55 of 2018 - the "Asthma Free Housing Act".  It took effect on January 19th, 2019 and requires multiple-dwelling property owners in NYC to investigate and remove all indoor health hazards which trigger asthma.

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What are the indoor health hazards under Local Law 55?


All indoor health hazards which trigger asthma, such as: Mold Rodents Cockroaches Landlords must also apply ongoing measures to ensure that their properties remain free of indoor health hazards.




What are the requirements of Local Law 55?


  1. Annually inspect units for indoor allergen hazards such as mice, cockroaches, rats, and mold
  2. Provide an annual notice and fact sheet to current and prospective tenants at the time of lease signing or renewal
  3. Underlying conditions that cause mold and attract pests must be remediated
  4. Integrated pest management processes must be used to address pest infestation
  5. Safe work practices must be used to remediate mold and fix causes of the mold issue




What are the annual requirements?


Landlords are now required to conduct investigations, at least annually, and provide an inspection completion form. Landlords must also take all necessary measures to keep the property free from indoor allergen hazards and pests and remediate any existing conditions. However, there are additional circumstances that may warrant additional investigations. Investigation Requirements 1. Annual Inspection 2. Occupant Complaints​ 3. Occupant Requests​ 4. DOB Issued Violation A notice must be provided in all tenant leases outlining the new obligations and regulations under Local Law 55. The notice must be approved by the DOB and made available in multiple languages.




How can you prevent mold?


It can be difficult to prevent mold growth when often times the root cause of the problem is hiding and goes undetected until it is too late. Maypole has many ways where we can detect a potential problem before it becomes an actual problem. You can read more about mold and mold prevention here.




Violations for non-compliance


The Department of Buildings (DOB) will be issuing violations to any landlord not compliant with the regulations of Local Law 55. Fines for violations can vary depending on the specifics of the incidence and can be as large as $10,000 per occurrence. All incidences of hazards must be corrected and a Certificate of Correction must be obtained from a licensed professional and submitted to the DOB. Mold Violations: If your inspection determines that mold is present, it is important that you immediately correct it to avoid any violations. A mold hazard must be assessed by a New York State (NYS) licensed Mold Assessor and remediated by separate NYS licensed Mold Remediator.

  • Class B & C Violation - Greater than or equal to 10 sq. ft. of visible mold per room
  • Class A Violation - Less than 10 sq. ft. of visible mold per room
Pest Violations: Integrated pest management practices must be used to remediate the presence of pests. If a property is found to have pest infestation they will receive a violation.
  • Class C Violation - A dwelling or common area found to have mice, rats, and/or cockroaches
  • Class B Violaion - All other pest infestations
It may be necessary to conduct multiple inspections per year and perform remediation when necessary. Therefore, it is very important to put effective prevention methods in place to save time and money in the long run.




Pest management practices


Administrative Code §27-2017.8 of Local Law 55 (2018) states that property owners are required to maintain their properties free of pests. In order to ensure that your property complies with the pest control components of Local Law 55, your buildings must be properly sealed from pests.

  1. Inspect for and remove pest nests, waste, and other debris
  2. Eliminate points of entry and passages for pests by repairing and sealing holes, gaps, and/or cracks
  3. Remove all sources of water for pests





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Local Law 61

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Local Law 61 establishes filing requirements for mold contractors that carry out mold assessment and mold remediation for buildings that contain 3 or more dwelling units or are located on a zoning lot that contains 25,000 or more square feet of non-residential floor area. 

Tell me more!

Who needs to complete a Local Law 1 Inspection?


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




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.

  • 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




What are the owners' responsibilities?


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




What are the annual requirements for Local Law 1?


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




What are turnover requirements?


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)




How do you obtain an exemption?


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.