Lead is a harmful metal that can poison people, especially children, when it is ingested. In young children, lead can cause behavioral and learning problems that cannot be cured. Although there are other sources of lead poisoning, lead is often found in paint (it was used to make the paint stronger) used in apartments and residential buildings in New York City built before 1960. When damaged, wet or scraped, old paint turns into dust or chips on the floor. It is possible that young children can get dust or paint chip flakes onto their hands and it can go straight into their mouths. This can lead to young children getting lead into their bodies.

Because of this danger, property owners of buildings built before 1960 (or built between January 1, 1960, and January 1,1978, if the owner knows there is lead-based paint) must presume that the paint is lead-based paint and follow the instructions under the law for doing any types of work that could disturb a lead-based paint surface and cause dust or debris from the paint.The only exception to this rule is for a building where the property owner has had the painted surfaces tested properly and received results indicating that all paint has less than 0.5 mg/cms² of lead in the paint, which means it is not lead-based paint under the law (the paint is negative).The owner must maintain these records.

If there is lead-based paint or the paint has not been tested, the property owner must:

• Monitor painted surfaces and repair the paint properly if it is peeling in apartments with children under six or in common areas of the building.
  • This monitoring includes a process of annual notices and investigations.
  • Repairs must be done following federal and city regulations, including hiring certified firms/workers who follow prescribed safe work practices. These requirements differ depending on whether general repair work is being done, the work is being done specifically to remove lead-based paint or the work is being done pursuant to violations issued by either HPD or the New York City Department of Health and Mental Hygiene (DOHMH).
• Remove lead-based paint from doors and windows (as well as make other repairs as described below) when apartments become vacant.
• Test all painted surfaces by 2025 so that they know where the lead-based paint is located.
• Maintain records related to all of the above activities for at least 10 years.

Penalties may be significant for failing to conduct any of the above activities or keeping records about that compliance. The owner's section below provides more detail about how to comply with these requirements.

If the owner has the appropriate certified firm test the surfaces throughout an apartment or common area and all of the surfaces test negative, or some test positive and the owner follows the proper processes for removing the paint with lead, the owner should file for an Exemption (see below section).

What Are Lead-Based Paint Hazards?

A lead-based paint hazard exists when there is peeling or disturbed paint on a surface in a building built before 1960 in an apartment where a child under six routinely spends 10 or more hours ("resides") unless the surfaces have all been tested and there is less than 0.5 mg/cms² of lead in the paint. Lead-based paint hazards include:

• Dust from paint, including dust created when doors and windows stick or rub together
• Peeling or damaged paint
• Painted surfaces, such as windowsills, that have been chewed on by children

As a result of the annual notice or anytime the tenant reports a peeling paint condition, a landlord is responsible to properly repair the lead-based paint hazard. If the landlord does not fix peeling paint or if the work is not being done safely (creating dust that is not contained).

2024 and 2025 Changes to the Law:

New requirements regarding lead-based paint testing, lead-based paint recordkeeping and lead-based paint audits are now mandated as a result of recently passed legislation. Please review the below requirements carefully. HPD will be updating this webpage as the deadlines approach to provide more detailed information about violation compliance.

Owners will be required to:

• Local Law 122 of 2023

  • Provide annual notice and investigation records whenever lead-based paint hazard or turnover violations are issued. The requirement becomes effective on September 1, 2024.
  • Provide XRF testing records, which an owner is required to have, whenever a lead-based paint hazard or turnover violation is issued beginning August 2025.

• Local Law 111 of 2023

  • Conduct XRF testing of common areas by August 2025. Records of this testing must be maintained and submitted to HPD upon request. Note that owners are already obligated to have all apartments tested by August 2025. HPD recommends that owners apply for an Exemption for all apartments and common areas that test negative or for which the property owner abates all lead-based paint surfaces.

• Local Law 123 of 2023

  • If a child under six resides in a unit with presumed lead-based paint in a multiple dwelling built prior to 1960 or a dwelling unit in a private dwelling erected prior to January 1, 1960 where each dwelling unit is to be occupied by persons other than the owner or the owner's family, on January 1, 2025, the property owner must abate the lead-based paint on door and window friction surfaces, and remediate lead paint hazards, including making all floors smooth and cleanable, by July 2027
  • If a child under six comes to reside in a unit with presumed lead-based paint, after January 1, 2025, the property owner must abate the lead-based paint on door and window friction surfaces, and remediate lead paint hazards, including making all floors smooth and cleanable within three years of the date that the child comes to reside there.

HPD is required to:

• Local Law 111 of 2023

  • Conduct a visual inspection of paint conditions in a common area observed in the inspector's line of travel when the inspector is in the building to complete a complaint-based lead paint inspection in a dwelling unit. This requirement becomes effective in June 2024.

• Local Law 127 of 2023

  • Add violations for failure to comply with turnover requirements (see below Owner's Section labelled Turnover for details) as a criterion for selecting buildings for audit. Also, as part of the selection criteria for audits, consider the number of violations and data on the prevalence of elevated blood lead levels in certain geographic areas identified by the NYC Department of Health & Mental Hygiene (DOHMH). This requirement becomes effective in September 2024.

• Local Law 122 of 2023

  • an appropriate request form for such violation with the required consecutive 10 years of records, including such records for the year in which the owner is submitting the dismissal request; OR
  • the appropriate request form for such violation with documentation demonstrating that the owner has kept the required records for a period of at least three consecutive years, including such records for the year in which the owner is submitting the dismissal request, and upon notification from HPD that such submitted documentation is sufficient, a payment of $1,000 for each year of the 10 years that the owner does not submit documentation. This requirement becomes effective in September 2024.
  • Dismiss a record-keeping violation as corrected if the owner submits:

• Local Law 122 of 2023

  • Dismiss a record-keeping violation as corrected if the owner submits:
    • an appropriate request form for such violation with the required consecutive 10 years of records, including such records for the year in which the owner is submitting the dismissal request; OR
    • the appropriate request form for such violation with documentation demonstrating that the owner has kept the required records for a period of at least three consecutive years, including such records for the year in which the owner is submitting the dismissal request, and upon notification from HPD that such submitted documentation is sufficient, a payment of $1,000 for each year of the 10 years that the owner does not submit documentation. This requirement becomes effective in September 2024.