GETTING AHEAD ON LEAD NEWSLETTER
At times to understand the present one must go back to the past. This is the case with lead paint. Lead paint was a material used greatly in the 20th century because of its durability due to the heavy metal additive. The lead aided to accelerate drying, increase durability, maintain a fresh appearance and resist moisture. Paints which contained lead were known to withstand harsh weather conditions, resist fading from sunlight and endure wear and tear of everyday life. However, lead-based paint was phased out in 1978 due to its toxic nature and health concerns.
Many buildings in the USA used lead paint and based on this premise New York City in 2020 introduced Local Law 31. This ordinance introduced a new lead inspection requirement for all landlords and building owners who have tenants to conduct certified lead-based paint inspections for all dwelling units and common areas in pre-1960 residential buildings. timeframe.
Before 2020 the NYC Childhood Lead Poisoning Prevention Act (Local Law 1 of 2004), was a key item to strengthening existing lead laws and expanding inspection requirements for landlords and building owners.
Local Law 31 of 2020, went into effect on August 9, 2020 during the pandemic, requiring landlords and building owners to have X-Ray Fluorescence (XRF) lead inspections conducted by Environmental Protection Agency (EPA) certified inspectors to test for the presence of lead-based paint in multiple dwelling residential buildings. An additional amendment to the law was passed within Local Law 111 in 2023 that all common areas (such as hallways and stairs) also include XRF lead testing in residential buildings. Local Law 31 included a 5-year testing requirement, meaning that all residential building owners in NYC must have all dwelling units inspected for lead paint by August 9, 2025.
Apartments with children under the age of 6 residing there must be inspected much sooner. If a family with a child under the age of 6 recently moved into an apartment, lead testing must be completed within 1 year of their move-in date. All of this is enforced by the NYC Department of Housing Preservation & Development (HPD).
In moving forward, the key requirements to abide by Local Law 31 are:
1) X-Ray Fluorescence (XRF) analyzer inspections are now required for all tenant-occupied dwelling units and common areas in residential buildings built prior to 1960 (as well as for buildings built between 1960 and 1978 with known lead-based paint).
2) Inspections must be conducted by a third-party, EPA-certified lead inspector or risk assessor, independent of the owner or any firm hired to perform lead-based paint remediation.
3) Copies of records for completing the testing requirement under Local Law 31 of 2020 must be maintained for 10 years.
Failure to comply with these requirements and deadlines will result in a Class “C” hazardous violation. Property owners will be liable for civil penalties of $1,000 minimum and $5,000 maximum per violation. The incorporation of Local Law 31 contributes to creating healthier homes, protecting public health, promoting proactive measures and contributing to a healthier and sustainable city.