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Understand NYC Regulatory Management for Local Laws
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:
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.
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.
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.
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.
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.
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