Lead-Based Paint Abatement and Stabilization: Required Correction At Turnover And In A Child-Under-6-Unit

When a dwelling unit changes tenants, owners are required to complete lead-based paint activities focused on making the unit safe for a new tenant and before the new tenant takes occupancy (regardless of whether the new tenant has a child at the time of initial occupancy).

1. What is lead-based paint “abatement” and “stabilization”?

• Stabilization means repairing deteriorated paint and underlying defects (such as leaks) using safe work practices, so the paint is intact, smooth, and cleanable.
• Abatement means permanently addressing lead-based paint hazards, such as removing lead-based paint or permanently covering it, so it no longer poses a risk.
  • Types of abatement methods:
    • Removal of lead-based paint.
    • Enclosure (covering lead-based paint with a solid barrier).
    • Encapsulation (coating the lead-based surface to seal it).
    • Replacement of painted surfaces or fixtures.

Both stabilization and abatement are required under Local Law 1, depending on the situation.

2. What is considered an apartment “turnover”?

A turnover occurs every time a dwelling unit becomes vacant, and a new tenant will move in, regardless of whether the new tenant has a child under six. 

3. Why does HPD focus so heavily on turnover?

Turnover is the safest and most effective time to address lead-based paint hazards because:

• The apartment is vacant
• No tenants are exposed during work
• Access is not restricted
• Long-term lead-based paint hazards can be eliminated 

4. What is a “child-under-6 unit”?

A child-under-6 unit is an apartment where a child under the age of six routinely spends 10 or more hours per week (“residing”) in a dwelling. 

5. How are child-under-6 units identified?

Owners identify these units through:

• The Annual Notice and Annual Investigation
• Lease or lease renewal notices
• Written tenant notification
• Any other means of actual knowledge

Tenants are required to notify owners when a child under six begins residing in the unit. 

6. When are owners required to perform lead-based paint work in child-under-6 units?

Owners must perform required lead-based paint work upon the earliest of:

• Every apartment turnover of any dwelling unit in a multiple dwelling erected prior to January 1, 1960; or
• By July 1, 2027, for any unit where a child under six resides as of January 1, 2025; or 
• Within 3 years after a child under six begins to reside in a unit (if after January 1, 2025

     These requirements apply regardless of whether peeling paint is visible.

CHILD-UNDER-6 UNIT REQUIREMENTS (OCCUPIED APARTMENTS)

7. When does the 3-year clock begin?

The 3-year period begins when the owner learns that a child under six resides in the unit, by utilizing the following:

• Annual Notice
• Lease or renewal
• Written tenant notice
• Any other actual knowledge

8. What additional work is required in child-under-6 units?

In addition to annual visual inspections, owners must complete abatement-level work, similar to turnover requirements. This includes:

• Abating door and window friction surfaces even if paint is not deteriorated
• Completing stabilization and surface corrections 

TURNOVER REQUIREMENTS (VACANT APARTMENTS) 

9. When must turnover work be completed?

All required turnover work must be completed before the new tenant takes occupancy. Owners must certify completion of turnover work at lease signing.

10. What lead-based paint work is required at turnover?

At turnover, owners must:

• Remediate all peeling paint and underlying defects
  • At minimum: wet scraping and repainting
    
    
• Address chewable surfaces
  • Remove lead-based paint from surfaces with bite marks, or
  • Encapsulate with an approved, hard, puncture-resistant encapsulant
  • Encapsulation must be performed by certified contractors
    
    
• Abate door and window friction surfaces
  • Remove lead-based paint from window sash and window frame
  • Remove lead-based paint from all door and door-frame friction surfaces
  • This may require full door and frame replacement
    
    
• Make all bare floors, windowsills, and window wells smooth and cleanable

All work described above must follow required safe work practices.

11. What must I do once the work has been completed?

Once complete owners must then certify compliance with the turnover requirements on the Lease/Commencement of Occupancy Notice for Prevention of Lead-Based Paint Hazards (Contrato/Comeinze de Ocupacion y Medidas de Precaucion con los Peligros en la Pintura-Encuesta Respecto al Nino) provided to the new tenant with the lease (and at lease renewal) and provide documentation to the new tenant upon request along with a copy of the Lead Paint Hazards in the Home (Peligros de la Pintura con Plomo en el Hogar) pamphlet.

12. Are door and window friction surfaces required to be abated even if the paint is not peeling?

Yes, owners must abate door and window friction surfaces even if the paint is intact, unless the surfaces were previously abated.

If this work was missed at the first turnover, it must be completed:

• At the next turnover, or
• When a child under the age of six either (a) resided in a unit as of January 1, 2025, or (b) moves into an occupied unit after January 1, 2025

13. What documentation must be kept for turnover work?

Owners must maintain:

• Turnover inspection records
• Documentation of all work performed
• Contractor certifications
• Safe work practice documentation

Records must be retained for at least 10 years. HPD provides Sample Forms for Turnover Vacancy Compliance to assist owners. 

14. What happens to old lead-free exemptions at turnover?

As of December 1, 2021, the legal standard to define lead-based paint threshold was lowered from 1.0 mg/cm² to 0.5 mg/cm². Any exemption granted under the old threshold is automatically revoked at the next turnover.

Owners must notify HPD when a vacancy occurs so the exemption can be formally revoked. Even if the owner fails to notify HPD, the exemption still becomes invalid at turnover.

TENANT RELOCATION

15. Is tenant relocation required to perform this work?

It depends on the circumstances of the work.  Be advised that Ad. Code § 27–2056.11(a)(1) requires that an owner “… shall provide for temporary relocation … of the occupants of a dwelling or dwelling unit to appropriate housing when work cannot be performed safely.” HPD Rule 28 RCNY §11-06(g)(1)(ix)(E)(a) further requires, “An owner must request that an occupant temporarily relocate from a unit pending completion of work where it appears that work cannot be performed safely with occupants in residence.” 

16. If tenant relocation is necessary, does the owner need to provide for or financially support the relocation?

Yes. Per Ad. Code § 27–2056.11(a)(1), when tenant relocation is required, the owner “… shall provide for temporary relocation … of the occupants of a dwelling or dwelling unit to appropriate housing …” HPD Rule 28 RCNY §11-06(g)(1)(ix)(E)(a) further requires, “Such owner must offer a suitable, decent, safe and similarly accessible dwelling unit that does not have lead-based paint hazards to such occupants for temporary relocation.”

17. What happens if the tenant refuses to relocate to perform the work needed?

The property owner must document how they demonstrated good faith efforts to perform the required work and the tenant’s refusal to relocate, in the event that HPD audits your lead-based paint records.

18. What types of records do I need to keep to be in compliance? 

You must keep all records of your attempts to schedule this work (especially if the work is not completed) and of any work done (including proof about use of the proper certified vendors) for a minimum of 10 years.

Enforcement and Violations

Failure to comply with both the work requirements and record-keeping requirements can result in Class C immediately hazardous violations.

For additional information about compliance with Local Law 1 contact the Lead Information Line 212-863-5501.