NYC Inspection

Understanding NYC’s Lead-Based Paint Laws

EARTHWATCH ENVIRONMENTAL CONSULTANT ARE THE ONLY EPA-CERTIFIED LEAD PAINT INSPECTORS TO OFFER THE SMART Comply Program: Compliance Made Simple

Lead-based paint (LBP) was banned in New York City in 1960, older buildings may still contain it. Property owners are responsible for keeping tenants safe from lead-based paint hazards. Learn how Lew Environmental can help you ensure your property is compliant with new NYC Lead Laws.

What is NYC Local Law 1 lead paint?

Local Law 1 requires landlords to use firms certified by the U.S. Environmental Protection Agency when disturbing more than 100 square feet of lead paint, replacing windows, or fixing violations issued by the New York City Department of Housing Preservation and Development (HPD).

New Lead-Based Paint Standards. As of December 1, 2021, the citywide lead-based paint standard is: 0.5 mg/cm² or 0.25% by weight. For more information about the new standards, review the new requirement guidance for lead in paint (PDF), or email safework@health.nyc.gov with the subject “New lead in paint standards.”

Two of the most time-sensitive new lead paint requirements include:

1. Certification of Compliance with Local Law 1 in HPD’s Annual Property Registration: As of May 2020, annual property registrations include five questions, to which the property owner or manager must certify that it has complied with Local Law 1. Owners/ property managers must certify that they have provided annual notices, have taken appropriate action to obtain responses, are conducting annual inspections and providing results to tenants, are correcting any lead hazards using certified contractors, abating lead paint at vacancy and turnover, using lead-safe work practices and maintaining documentation for ten years.
2. XRF Inspections to be Required for ALL Units: Local Law 31 of 2020 – Effective August 9, 2021, owners must have XRF inspections of all surfaces in every unit conducted by a third party EPA certified inspector/ risk assessor to determine whether lead paint is present. This must be completed within five years of the effective date of the law (by August 9, 2025) OR within one year of a child under six residing in that unit, whichever is sooner. So, if a child under six currently resides in a unit, an XRF must be completed for that unit by August 9, 2021.

Some of the additional significant changes impacting lead paint requirements in multi-family housing include:

• Local Law 64 of 2019: Local Law 1’s requirements apply to units in which a child under 6 “resides.” This term was previously not defined but is now defined to mean a child under six routinely spends ten or more hours per week in the dwelling unit.
• Local law 66 of 2019, retroactively effective June 1, 2012: The blood lead level which indicates that a child has been lead poisoned has been lowered from 10 to 5 ug/dl to be consistent with the level set by the CDC.
• Local Law 66 of 2019: Lead dust wipe standards were lowered to 10 ug/ft2 on floors, 50 ug/ft2 on window sills, 100 ug/ft2 on window sills, with those numbers going down to 5/40/100 effective June 1, 2021
• Local Law 66 of 2019: Provides instances in which a lead-free exemption issued prior to 8/12/19 shall lose effect, including at turnover, and a new exemption must be requested.
• Local Law 70 of 2019: HPD must audit a minimum of 200 buildings per year for records of compliance with Local Law 1/ 2004. (§27-2056.17). Many of our clients have already received Record Production Orders (RPOs) from HPD demanding the production of documents relating to their compliance with Local Law 1. Responding to these RPOs requires assembling records dating back 10 years, including, among other things, documentation of annual notices and inspections, correction of lead hazards using safe work practices, and abatement of lead paint in units at vacancy prior to turnover
• Local Law 70 of 2019: Revisions to safe work practices rules.
• Local Law 28 of 2020: Added a mandate to §27-2056.9 for HPD to issue violations for abatement at turnover under §27-2056.8 (effective 2/11/21) if an inspection shows the presence of lead paint and the apartment has been turned over since 8/2/04. This violation may be corrected by abating the condition and providing documentation to HPD.
• Local law 29 of 2020, effective February 11, 2021: Multiple dwellings will be defined to include one and two-family house rentals except the units occupied by the owner’s family.
• Local Law 31 of 2020: Contractors applying for Home Improvement License, must certify that they are federal RRP (Renovation, Repair, and Painting) certified or will not be conducting work covered by the RRP.

NYC Lead-Based Paint Laws apply to buildings erected prior to 1960 and post-1960, pre-1978 dwellings where the owner has actual knowledge of lead-based paint. Local Law 29 of 2020 expanded the scope of property owners affected by the new regulations to include smaller landlords, including one and two-family house rentals, except for units occupied by the owner’s family.

Impacted property owners in NYC must have all dwelling units inspected for lead paint by August 9, 2025, by EPA-certified inspectors utilizing X-Ray Fluorescence (XRF) testing. Apartments, where a child age six or under resides, should have already been inspected or within 12 months of lease inception.

Earthwatch  Environmental consultant offers EPA-certified lead inspections with approved XRF instruments coupled with state-of-the-art reporting technology.

New Threshold for Defining Lead Paint 

Per Local Law 66 of 2021, the new threshold for defining lead-based paint has been lowered from 1.0 mg/cm2 to 0.5 mg/cm2. The Department of Housing Preservation and Development (HPD) has confirmed that XRF lead inspections performed prior to December 1, 2021, may still use the old 1.0 mg/cm2 threshold and will NOT need to be re-tested for Local Law 31 compliance until such time as unit turnover then units must be retested at the new lower lead paint definition 0.5mg/cm2.

Apartments With Children or Children That Visit

Apartments with children under the age of 6 who spend more than 10 hours per week in the unit or common areas should have been inspected by August 9, 2021. If a family with a child under the age of 6 recently moved into an apartment, lead testing must be completed within one year of their move-in date.

In addition to stricter lead inspection requirements, New York State is tackling childhood lead poisoning head-on by expanding NYS Public Health Law (§ 1370) and regulations (Part 67 of Title 10 of the New York Codes, Rules, and Regulations). As of 2019, the definition of an elevated blood lead level in a child has been lowered to 5 micrograms per deciliter (μg/dL). On top of the more sensitive testing thresholds, all children in New York are given a lead assessment at EVERY well-child visit from age six months to 6 years. If a child tests positive for elevated blood lead levels an environmental investigation is automatically triggered.

X-Ray Fluorescence (XFR) Testing

Effective August 9, 2020, NYC Local Law 31 requires that lead testing be conducted by x-ray fluorescence (XRF). XRF technology allows for a greater degree of accuracy in lead paint inspections and is intended to identify where lead-based paint may exist, even if the paint is not chipping.

Earthwatch  Environmental Services prides itself on using the latest technology, like X-ray fluorescence, for lead-based paint testing.

SMART Comply: Compliance Made Simple is more than a slogan. SMARTComply is Earthwatch Environmental Services’ proprietary framework that gives you a powerful ally in NYC lead paint regulations compliance success.