Lead paint disclosure has long been a requirement in residential real estate transactions. In 1978, the United States Consumer Product Safety Commission banned the residential use of lead-based paint ≥ .06% lead (600 ppm). In 1992, the United States Congress enacted the Residential Lead-Based Hazard Reduction Act which required the disclosure of known information on the presence of lead-based paint hazards. Recent legislation in New York City has increased the requirements for owners of residential property. This client alert will address lead paint remediation obligations of residential real estate owners and requirements of these laws.
Testing, Monitoring, And Remediation Requirements
Local Law 1 of 2004 set the basic framework for residential lead-based paint regulations in New York City. This has since been enhanced by Local Law 31 of 2020 which had an inspection deadline of August 9, 2025 and Local Law 123 of 2023 has upcoming deadlines.
Under Local Law 31, owners of multiple dwellings built before 1960 must have every dwelling unit and common area tested for lead-based paint by an EPA-certified inspector or risk assessor using XRF technology before August 9, 2025. The same testing rule applies to rental buildings constructed between 1960 and 1978, but only if the owner has actual knowledge that lead-based paint is present.
As the initial deadline of August 9, 2025, has passed, covered properties should already have test results for each apartment and common area. Owners must keep those reports, as well as documentation of any access problems, for at least 10 years and pass the records along if the building is sold.
Local Law 123 significantly expands lead-based paint remediation requirements compelling owners of pre-1960 buildings to perform extensive remediation and abatement on friction surfaces (windows and doors) and floors if a child under 6 years of age lives there or spends more than 10 hours per week.
Owners must complete these tasks at the earliest to occur of: (1) turnover of any covered unit; (2) July 1, 2027 (for units where a child under 6 resides as of January 1, 2025); or (3) within 3 years after a child under 6 begins to reside in a unit.
Ongoing Obligations
Local Law 1 also obligates owners of covered buildings deliver an annual notice each January asking tenants whether a child under 6 lives in the apartment or regularly spends 10 or more hours a week there. If a tenant does not return the notice by mid-February, owners are required to make in-person or documented follow-up attempts and keep records of those efforts. Required follow-up inspections must be conducted between February, 16 and March 1.
For any unit where a young child resides, the owner is required to conduct regular inspections to check for lead-based paint hazards. The inspection must cover every surface of every room in the dwelling unit including closet and cabinet interiors. Potential hazard areas include deteriorated subsurfaces, impact areas around doors and windows, and any surface with peeling paint. A professional is not required for the inspection, but needed repairs must be handled by an EPA-certified contractor.
Additional obligations arise upon the turnover of an apartment. Before a new tenant moves in, owners must remediate any peeling paint and underlying defects, address lead on friction surfaces such as doors and windows, and make floors and window wells smooth and cleanable. These turnover requirements apply regardless of the presence of a child. Owners must also certify compliance with these requirements on documents provided to the tenant with the new lease and at lease renewal.
Required Recordkeeping
Recordkeeping is central to enforcement. The New York City Department of Housing Preservation and Development (“HPD”) can audit a building and issue a record production order requiring owners to submit 10 years of lead-related files, including annual notices, inspection forms, testing reports, contractor certifications, clearance results, and turnover records. Failure to comply can result in “immediately hazardous” Class C violations, civil penalties that can reach several thousand dollars per violation, and HPD-performed emergency repairs with costs billed back to the owner.
The foregoing is not intended to be comprehensive nor constitute legal advice. If you would like to discuss your specific circumstances or would like more information, feel free to contact us at (212) 625-8505.