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3.15. Local Law 1 Lead-Based Paint

Overview

In NYC, Local Law 1 requires landlords to identify and remediate lead based paint hazards in the apartments where there is young child, using workers certified to perform safe work practices.

Lead-based paint hazards are presumed to exist in dwelling units and common areas if:

  • The building was built before January 1, 1960
  • The building has three or more apartments
  • A child under the age of six resides in the dwelling unit

As a result of the annual notice or anytime the tenant reports a peeling paint condition, the Building Owner is responsible to properly repair the condition.

  • Lead-based paint hazards include:
  • Dust from peeling paint
  • Peeling or damaged lead paint
  • Lead paint on:
    • Crumbling plaster or rotted wood
    • Doors and windows that stick or rub together
    • Windows sills and any other surfaces that have been chewed on by kids

3.16.1. Annual Notice

Between January 16th and February 15th, tenants are required to return the Annual Notice issued by their landlord, putting them on notice that the tenant has a child under six residing in the apartment and an annual inspection of lead-based paint is to be performed.

If a child younger than six comes to live in the apartment or routinely spends more than 10 hours a week any other time during the year, the tenant must notify their landlord in writing.

 

3.16.2. Lease Notice

Buildings Owners are required to provide new tenants as a form of inquiry if a child under the age of six will live or regularly spend 10 hours or more per week in the unit by providing them the Lease/Commencement of Occupancy Notice of Lead-Based Paint Hazards.

Owners must also certify on this notice that they have performed the required turnover work prior to occupancy of the unit by the new occupants.

This Notice is also required at Lease Renewal. Tenants may request a copy of the documentation to show the required work was completed.

3.16.3. Turnover Requirements

When a dwelling unit changes tenants, owners are required to complete certain lead-based paint activities focused on making the unit safe for the new tenant, and before the new tenant takes occupancy. HPD has created Turnover Summary Form (SF LL1-06) and the individual inspection form (SF LL1-07) which should be retained for at least 10 years.

Owners must:

  • Remediate all lead-based paint hazards and any such underlying defects, when such underlying defects exist. At a minimum, this would mean wet scrape and paint.
  • Provide for the removal of lead-based paint on chewable surfaces with evidence of teeth marks or encapsulate the surface with a hard, puncture-resistant encapsulant.
  • Provide for the removal of all lead-based paint on friction surfaces on all doors and door frames.
  • Provide for the removal of all lead-based paint on frictions surfaces on all windows or provide for the installation of replacement window channels or sliders on the friction surfaces.
  • Make all bare floors, window sills, and window wells in the dwelling unit smooth and cleanable.

3.16.4. Exemption

Property owners can hire qualified companies to conduct testing to determine whether there is lead-based paint in their buildings and work proactively to reduce the liability associated with lead-based paint. Local Law 1 provides for an exemption from certain provisions of the law based on submission of the required testing and documentation.

Application for Exemption Form

Our experts are ready to answer any questions you may have about the compliance process.

Whether you need to know more about testing requirements or what happens if you miss a critical deadline, we will help you find the information you're looking for. We developed SmartCompliance to automate the entire compliance process, and we know that the NYC regulatory landscape is tricky, so let us help you today.

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