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 which became effective on August 2, 2004.
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 covers all pre-1960 buildings with 3 or more residential units. The law also places certain responsibilities on owners in post-1960 to pre-1978 buildings with 3 or more residential units 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).
Owner Responsibilities under Local Law 1
The law imposes a number of property owner responsibilities, including:
- Making apartments lead safe on turnover.
- 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.
- The law requires annual notifications by owners to all 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 must be done using safe work practices and trained workers. For more information on work practices, read the Guide to Local Law #1 of 2004 Work Practices.
- 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.
- 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.
Documents for Owners
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.
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 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 (EPA) 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
Lead Treatment Forms and Publications
NYC Department of Health and Mental Hygiene Landlord Instructions for Abating Lead Paint Hazards
- 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.
- For a list of EPA certified firms and accredited training training providers, Please click here