The City's Lead Paint Hazard Reduction Law Went into Effect on August 2, 2004

Local Law 1 of 2004 ("Local Law 1") is a comprehensive law concerning the prevention of childhood lead poisoning through the remediation of lead paint hazards in housing and day care facilities. This legislation repeals the former lead law, Local Law #38 of 1999.

“Please Note:  Beginning October 1, 2006, the "applicable age" of a child for purposes of compliance with some of the requirements of Local Law #1 of 2004 has been changed from under age seven to under age six. “

Multiple Dwellings Covered Under the Law

The law covers all pre-1960 multiple dwellings. The law also places certain responsibilities on owners in post-1960 to pre-1978 buildings where the owner knows there is lead based paint. Owners whose buildings fall into this category should consult the law. The provisions of Local Law 1 do not apply where title to a multiple dwelling unit is held by a cooperative or condominium and the shareholder of record or his or her family occupies the unit. The law does however apply to cooperative or condominium units occupied by a tenant or subtenant.

You can check for open lead-based paint violations on your property by using HPDONLINE.  You can find more information on how to remove lead-based paint violations from HPD's records by reviewing the information on Dismissal Requests for older violations and Violation Certification for recently issued violations.   In order to have violations removed, specific workers work practices must be used and specific documentation provided to the Agency (HPD Lead Treatment Forms and Publications)

Owner Responsibilities under Local Law 1

• E-Learning on Introduction to Local Law 1 and E-Learning on Lead-Safe Work Practices - Click Here 
• Tenant Information about Local Law 1 
• Lead Treatment Forms and Publications 
• Press Releases 
• Encapsulants 
• EPA Certification 

As an owner of property located in New York City, it is your responsibility to familiarize yourself with Local Law 1 and to comply with its requirements. The law imposes a number of property owner responsibilities, including:

• The law requires annual notifications by owners to all occupants as well as to occupants upon lease-up, lease renewal, and agreement to lease or commencement of occupancy inquiring if there are children under 6 years of age residing in the unit. Owners must include a notice about owner responsibilities under the law with each lease and must provide a pamphlet informing occupants about lead. There is also a requirement that owners physically inspect units whose occupants do not respond to determine if there is a child under 6 residing in the unit.

• Owners must investigate units where children under 6 reside as well as common areas in the property to find peeling paint, chewable surfaces, deteriorated subsurface, and friction and impact surfaces. This investigation must be conducted at least annually, or more often if the owner knows about a condition that may cause a lead hazard, or the occupant complains about such a condition.

• Remediation of lead hazards, using safe work practices and trained workers.

• Making apartments lead safe on turnover.

• Using safe work practices for all repairs and renovations performed in a unit where a child under six resides and in the common areas of buildings with such units.

A copy of the law is available below. 

Local Law 1 of 2004: Documents for Owners

• A copy of the law is available by clicking here (in PDF)

• Rules Pertaining to the New York City Childhood Lead Poisoning Prevention Act of 2003 (Local Law #1 of 2004) (in PDF)

• Owner's Responsibility under Local Law 1 of 2004 (in PDF)

• Two brochures on Local Law #1 of 2004: Are you Ready for NYC's New Lead Paint Law? (in PDF) and Are you Ready for NYC's New Lead Paint Law? (for building owners) (in PDF)

• Guide to Local Law #1 of 2004 Work Practices (in PDF)

• Annual Notice to Tenant or Occupant in Buildings with 3 or More Apartments: Protect Your Child from Window Falls and Lead Poisoning available in English (in RTF) and Spanish Between January 1st and January 15th annually (or with the January rent bill if issued before January 1st), owners must send a lead notice to all tenants in pre-1960 multiple dwellings and in multiple dwellings built between 1960 and 1978 if owners know there is lead paint in the building. Since owners must also send out window guard notices, this is the only joint window guard/lead approved form.

• Lease/Commencement of Occupancy Notice For Prevention Of Lead-Based Paint Hazards—Inquiry Regarding Child (PDF– English and Spanish )
  Upon lease-up, agreement to lease or commencement of occupancy, owners must give the new occupant a form inquiring if a child under age 6 will reside in the unit. Owners must also certify on this form that they have performed the work required to be done in vacant units prior to reoccupancy. Additionally, owners must provide a pamphlet informing occupants about lead.

• Upon lease-up, agreement to lease or commencement of occupancy, owners must give the new occupant a form inquiring if a child under age 6 will reside in the unit. Owners must also certify on this form that they have performed the work required to be done in vacant units prior to reoccupancy. Additionally, owners must provide a pamphlet informing occupants about lead.

• Instructions for Landlords: Annual Notice to Tenant or Occupant in Buildings with 3 or More Apartments / Protecting Children from Window Falls and Lead Poisoning 

Effective Date Information:

The law was effective on August 2, 2004

Contractor Certification Requirements

All construction undertaken on or after August 2, 2004 for renovation work in dwelling units where a child under six resides and in the common areas of buildings with such units must be done by trained workers.

Owner Information about Lead Violations

Local Law #1 also provides that any lead violations issued by HPD under the former law are valid. If you are an owner of a building that has outstanding lead violations, such violations are subject to correction only under the standards set forth in Local Law #1.

Owner Information about Repairs and Renovations

Owners should also be aware that under the law, not only lead violations, but also any repairs or renovations that are performed in dwelling units with children under age 6 must be undertaken by trained workers and followed by lead-contaminated dust clearance tests upon completion. Any such work performed after August 2, 2004 is subject to the new requirements under Local Law #1. For information on types of training and certified training providers, go to the Web site of the US Environmental Protection Agency at www.epa.gov/lead

Environmental Protection Agency (ERP) Lead-Based Paint Renovation, Repair Program Rule 

The EPA has issued rules to protect against lead-based paint hazards that can occur during  renovations, repair and painting activities. These rules apply in New York City and are in addition to the repair and renovation requirements of Local Law # 1. The rules require certain workers to be trained and renovation firms to be EPA-certified to perform certain work in pre-1978 target housing. The effective date of the rules is April 22, 2010. For more information on the EPA renovation rules, and for a list of training providers, go to the EPA website www.epa.gov/lead

Funding Available to Owners to Treat Lead-based Paint Hazards

• Funding available to owners to treat lead-based paint hazards
  
  
  • Primary Prevention Program
    
    
  • Future Plans
    
    
• HPD's Lead Removal Accomplishments 

Local Law 1 of 2004: Tenant Information

• Fix Lead Paint Hazards: What Landlords Must Do and Every Tenant Should Know (available in English or Spanish) Owners of multiple dwellings (3 or more apartments) must give this brochure to tenants when they sign a lease or move into an apartment if the multiple dwelling was built before 1960, or was built between 1960 and 1978 if the owner knows that the building has lead paint.

Lead Treatment Forms and Publications

• HPD Lead Treatment Forms and Publications

  NYC Department of Health and Mental Hygiene Landlord Instructions for Abating Lead Paint Hazards

Press Releases

• Lead Poisoning in New York City Annual Data Report 2008 - Released September 2009 

Encapsulants

• HPD's rules permit the use of encapsulants that have been approved by the New York State Department of Health. For complete details and the most current updates Please click here to access the New York State Department of Health.

EPA Certification

• For a list of EPA certified firms and accredited training training providers, Please click here