Lead Paint Compliance in NYC: What Building Owners Need to Know

lead paint compliance rules in NYC

NYC Lead Paint Requirements: XRF Testing, Abatement, and Ongoing Compliance

Under Local Law 31 of 2020 and subsequent amendments, covered residential buildings were required to complete XRF testing of apartments and common areas by August 9, 2025.

While that deadline has passed, building owners must continue to comply with lead paint inspection, remediation, and recordkeeping requirements. Local Law 123 of 2023 also establishes a July 1, 2027 deadline for certain abatement work in apartments where children under six reside.

Why does this matter? Even intact lead paint can release hazardous dust when disturbed. Surfaces such as windows, doors, and stair rails can pose risks to children, residents, and workers during routine maintenance or renovations.

Who Needs to Comply?

NYC’s lead paint requirements generally apply to residential buildings:

  • Built before 1960, or
  • Built between 1960 and 1978 if the owner has actual knowledge of lead-based paint.

They generally cover rental and other non-owner-occupied apartments in multiple dwellings, tenant-occupied units in one- and two-family homes, and common areas such as hallways, lobbies, stairwells, and laundry rooms.

Owner-occupied co-op and condo apartments are generally exempt from mandatory XRF testing while occupied by the owner or the owner’s family. However, rented apartments and common areas remain subject to applicable testing requirements.

Specific obligations vary by property type, occupancy, and applicable exemptions.

What’s the Deadline?

The August 9, 2025 deadline for required XRF testing has passed. Earlier deadlines applied in certain circumstances, including when a child under six began residing in an apartment or testing was ordered by the NYC Department of Health and Mental Hygiene.

Owners who have not completed required testing should arrange for outstanding inspections promptly.

XRF testing is generally a one-time requirement, but ongoing lead paint obligations remain in effect.

What If There’s No Lead Paint?

If testing establishes that an apartment or common area is free of lead-based paint, owners may qualify for a Lead-Free Exemption from the NYC Department of Housing Preservation and Development (HPD).

A Lead-Safe Exemption may be available when lead-based paint has been appropriately abated or permanently covered in accordance with HPD’s requirements.

Depending on the exemption granted, certain ongoing obligations, such as annual notices and investigations, may no longer apply. However, Lead-Safe Exemptions may require continued monitoring of encapsulated or enclosed surfaces.

Exemptions must be formally approved by HPD, and owners should verify that existing exemptions remain valid, particularly following apartment turnover.

What Does the Inspection Involve?

Owners must hire an EPA-certified lead inspector or risk assessor, independent of the owner and any firm hired for lead paint remediation, to conduct an X-ray fluorescence (XRF) inspection.

XRF testing measures lead content on painted surfaces, including:

  • Friction surfaces (windows and doors)
  • Impact surfaces
  • Chewable surfaces
  • Walls, ceilings, trim, and other painted components, including those in common areas

Testing applies to covered painted surfaces regardless of whether the paint is visibly deteriorating.

What if Lead Paint Is Found?

A positive XRF test does not automatically mean all lead-based paint must be removed. Required action depends on the paint’s condition, location, apartment occupancy, and applicable regulations.

Owners may need to:

  • Remediate or abate lead-based paint hazards using required safe work practices
  • Engage appropriately EPA-certified renovation or abatement contractors, depending on the work
  • Conduct required dust clearance testing following remediation or abatement

Deteriorated lead-based paint in an apartment where a child under six resides requires prompt correction. Intact lead-based paint may remain on certain surfaces, subject to monitoring and maintenance, although some surfaces require abatement regardless of paint condition.

Work performed to correct HPD or Department of Health and Mental Hygiene lead paint violations must be completed by an EPA-certified abatement firm.

What if a Child Under 6 Resides in the Unit?

Under Local Law 123 of 2023, owners of covered pre-1960 multiple dwellings must complete additional lead paint abatement and remediation work in apartments where children under six reside.

Required work includes:

  • Abating lead-based paint on door and window friction surfaces, even if the paint is intact, unless previously abated
  • Removing lead-based paint from windowsills
  • Correcting lead paint hazards and underlying defects
  • Addressing lead-based paint on chewable surfaces with evidence of teeth marks
  • Making bare floors, windowsills, and window wells smooth and cleanable

If a child under six resided in the apartment as of January 1, 2025, the required work must be completed by July 1, 2027, unless already completed or an applicable exemption applies.

If a child under six begins residing in an occupied apartment after January 1, 2025, Local Law 123 establishes a three-year deadline. HPD states that the period begins when the owner learns of the child’s presence, whether through an annual notice, lease, tenant notification, or other actual knowledge.

A child is considered to reside in an apartment if the child routinely spends 10 or more hours per week there.

Apartment turnover may trigger an earlier deadline. Required turnover work must be completed before the new tenant takes occupancy, regardless of whether the incoming tenant has a child under six.

What Are the Recordkeeping Requirements?

Building owners must maintain records of lead-based paint testing, annual notices, inspections, and required remediation or abatement for at least 10 years.

For certain recordkeeping violations, HPD provides a dismissal process if the owner:

  • Submits 10 consecutive years of acceptable records, including the year of the dismissal request, or
  • Submits at least three consecutive years of acceptable records, including the year of the request, and pays $1,000 for each year with missing or inadequate records within the 10-year period.

This process applies to specific record production violations, including HPD violation orders 618, 619, and 620, and is subject to HPD approval and eligibility requirements.

Failure to maintain required documentation can result in violations and civil penalties, even when inspections or remediation have been completed.

What Are the Risks of Noncompliance?

  • Violations and enforcement action from HPD
  • Civil penalties that vary depending on the violation
  • Potential costs for emergency repairs performed by HPD
  • Possible complications with property sales, refinancing, or insurance renewals
  • Tenant complaints and potential lead exposure risks

What Else Do Owners Have to Do Every Year?

In addition to XRF testing and applicable abatement requirements, owners of covered properties must continue to comply with Local Law 1 of 2004, including:

  • Distributing annual lead paint notices to tenants between January 1 and January 16
  • Collecting responses by February 15 and following required procedures when tenants do not respond
  • Conducting annual visual investigations in apartments where children under six reside, and in applicable common areas when a child under six resides in the building
  • Correcting identified hazards and completing required work at apartment turnover

These obligations generally continue unless an applicable exemption has been granted.

What Should You Do Next?

If your building has not completed required XRF testing or has outstanding lead paint abatement obligations, review your compliance records and consult appropriately certified lead paint professionals about the necessary work.

Lead paint requirements should also be considered when planning renovations or repairs involving painted surfaces.

RAND does not perform lead paint inspections, testing, or abatement. However, if you have a current or upcoming project with us, our engineering and architectural teams can help coordinate project planning around applicable lead paint requirements.

For additional guidance, visit HPD’s Lead-Based Paint page: https://www.nyc.gov/site/hpd/services-and-information/lead-based-paint.page