What NYC Property Owners Need to Know About Lead Paint Compliance
For NYC property owners, lead paint compliance is no longer simply a matter of responding when a violation is issued. New York City’s lead-based paint requirements place ongoing responsibilities on owners of older residential buildings, including testing, recordkeeping, annual inspections, safe work practices, and, in certain circumstances, lead paint remediation and abatement.
Two laws are particularly important for property owners to understand: Local Law 31 of 2020 and Local Law 123 of 2023.
Although both laws address lead-based paint safety, they address different parts of the compliance process.
Local Law 31 primarily established requirements for identifying and testing lead-based paint. Local Law 123 added significant requirements concerning units where children under six reside, including lead hazard remediation and work involving doors, windows, floors, and other surfaces.
Understanding the difference between these requirements can help property owners avoid missed deadlines, incomplete documentation, lead paint violations, and potentially expensive corrective work.
What Is Local Law 31?
Local Law 31 of 2020 significantly expanded NYC’s requirements for lead-based paint testing.
For covered rental properties, the law requires owners to determine where lead-based paint exists by having qualifying areas tested with an X-ray fluorescence (XRF) analyzer.
For buildings constructed before 1960, the required testing deadline was August 9, 2025. HPD also explains that certain rental properties constructed between 1960 and 1978 can be subject to the testing requirement when the owner has actual knowledge that lead-based paint is present.
The purpose of the testing is not necessarily to require owners to remove every instance of lead paint.
Instead, testing provides property owners with information about where lead-based paint exists, allowing them to properly manage, maintain, repair, and remediate painted surfaces when required.
Who Needs to Pay Attention to Local Law 31?
Property owners should pay particular attention if they own or manage:
– Multiple dwellings constructed before 1960
– Rental units in buildings where lead-based paint is known to be present
– Buildings with children under six residing in covered units
– Properties with existing lead-based paint violations
– Older properties undergoing renovation or repair
– Properties without complete lead paint testing documentation
Owners should not assume that an older building is compliant simply because it has never received a lead paint violation.
What Does Local Law 31 Require?
One of the most important requirements is XRF testing performed by an appropriately qualified professional.
HPD states that testing must be performed by an EPA-certified lead-based paint inspector or risk assessor, independent of the owner and independent of any firm hired to perform lead-based paint remediation.
The testing identifies whether painted surfaces contain lead at or above the applicable regulatory threshold.
Property owners should maintain documentation associated with the testing, including applicable testing records and professional certifications. HPD states that testing records, inspector certifications, and related affidavits must be maintained for at least 10 years.
Local Law 31 in Simple Terms
Think of Local Law 31 as the “Find It” part of lead paint compliance.
The basic question is:
– Where is the lead-based paint in my building?
Once an owner knows where lead-based paint exists, the owner can better determine what maintenance, repair, remediation, abatement, and ongoing monitoring may be required.
Need Help With NYC Lead Paint Compliance?
Key Construction provides lead paint compliance, remediation, abatement, and construction services for NYC properties
Our team can help property owners address lead-related construction and remediation needs while coordinating the work required to bring affected areas into compliance.
Whether you are dealing with lead-based paint hazards, Local Law requirements, apartment turnover, renovation work, or required remediation, getting the process started early can help you avoid unnecessary delays and compliance problems.
Contact Key Construction to discuss your NYC lead paint compliance needs.
Key Construction
Lead Paint Abatement & Remediation | NYC
929-999-4206
repairs@keyconstruction.nyc
Disclaimer: This article is provided for general informational purposes and is not legal advice. NYC lead-based paint requirements can depend on the property’s construction date, occupancy, condition, applicable exemptions, and other circumstances. Property owners should consult the applicable NYC requirements and qualified professionals regarding their specific property