If you own a building in New York City that was built prior to 1960, you are required to comply with Local Law 31 of 2020 by testing the common areas and all building units for lead-based paint.
Testing must be done by a lead paint inspector certified by the Environmental Protection Agency (EPA). The inspector will test all of the units and common areas with an XRF machine that specifically identifies lead in paint.
If the test results show that lead-based paint is present, the next steps depend on who spends time in the affected space(s):
- If the unit is an apartment where a child under the age of six routinely spends more than 10 hours a week (whether or not that unit is the child’s legal residence), or lead-based paint is peeling, an EPA-certified contractor must be hired immediately. The remediation process will be explained by the contractor based on the specific circumstances.
- If the affected surface is not peeling, or no child under the age of six spends more than 10 hours a week in the space, immediate action is not required.
Testing must be completed by August 9, 2025. If testing is not completed by this date, a property owner may receive a notice of an immediately hazardous violation and incur civil penalties up to $1,500. Proof of testing and records of the results must be kept for 10 years and must be produced to the New York City Department of Housing Preservation and Development upon demand.
Because there are a finite number of certified inspectors, we advise property owners to schedule an inspection as soon as possible so the August 9 deadline can be met. To identify a certified contractor, visit https://cdxapps.epa.gov/ocspp-oppt-lead/firm-location-search/.
For more information, visit the City’s website.
