Lead-Based Paint Violations – How to Correct And Certify Corrections

Lead-based Paint Violations

Violation Order Number 616,617, and 624

When a tenant files a complaint and a child under the age of six resides in the apartment in a building built prior to 1960, HPD will attempt to schedule an appointment for an inspector to conduct a lead-based paint inspection. A lead-based paint inspection involves testing paint using an x-ray fluorescence machine (XRF), which measures the lead content in the paint. The inspector will test any painted surface that has peeling paint. Violations will be issued if the paint tests positive (greater than or equal to 0.6 mg/cm².) or inconclusive (0.5 mg/cm².).

If the tenant does not indicate there is a child under the age of six residing in the apartment in the complaint, but the inspector confirms there is a child under the age of six residing in the apartment at the time of inspection, the inspector will conduct a preliminary lead-based paint survey. If peeling paint is found, another inspector will conduct a second inspection to confirm the presence of lead-based paint. If the second inspection cannot be completed, HPD may presume lead-based paint based on the age of the building and issue a violation. The property owner may contest the violation by XRF Testing the unit and providing the results to HPD.

Violation Orders	Is Issued To
616	Correct the lead-based paint hazard, the presumed lead paint that is peeling or on a deteriorated surface using safe work practices.
617	Correct the lead-based paint hazard that has been tested positive for lead content and is peeling or on a deteriorated surface using safe work practices.
624	Correct the lead-based paint hazard that is XRF machine tested Inconclusive for lead content at 0.5mg/cm2 or tested positive for lead on a metal or ceramic component and is presumed lead paint, and that is peeling or on a deteriorated subsurface.

These violations are all Class “C” immediately hazardous violations. If the property owner does not properly repair these conditions, using the appropriate licensed contractor, HPD will attempt to remediate the hazard through the Emergency Repair Program (ERP) and will bill the property owner for the work.

Correction and Certification

Property owners are required to correct and certify the correction of the violations with HPD within a specified timeframe (indicated on the Notice of Violation) and all work must be performed by an EPA-licensed firm that employs safe work practices.  The  Guide to Local Law 1 of 2004 (included with the Notice of Violation) and the  Safe Work Practices section of this webpage contain more information on the remediation of lead-based paint hazards.

DOHMH prohibits certain companies from performing lead paint testing, lead dust sampling, lead paint and lead dust analysis or lead abatement work. Certifications for corrections of HPD violations will be rejected if one of these companies completes work or testing related to the violations.

Only an owner, management agent, office of the corporation that owns the property, or party otherwise responsible for the property listed on the property registration may certify the correction of a violation. Once the documents listed below are submitted and accepted as received on time and valid by HPD, a reinspection will be performed before the violation can be cleared.

How to certify:

1. Complete the applicable Certification of Correction Form(s) which is on the back of the Notice of Violation.

• 616/617/624 Violation Certification and Instructions Form
• 616/617/624 HQS Notice of Failure / Violation Certification and Instructions Form

2. Attach the following documents:

• • Sworn Statement made by the EPA firm's authorized agent or individual who performed the work to correct the violation(s) stating that the work was performed in accordance with the applicable laws
  • Copy of the EPA certification for the firm that performed the work to correct the violation(s)
  • Copy of the lead-contaminated dust clearance tests from a New York State Environmental Laboratory Approval Program certified laboratory
  • Certificate of Training from the individual who took the surface dust sample
  • Affidavit from the individual who took the surface dust sample, verifying the date the sample was taken and indicating the address of the apartment where the sample was taken

3. Submit the Certification of Correction Form and all attached documents to: HPD Lead-Based Paint Inspection Program 345 Adams Street 10th Floor Brooklyn NY 11201

Contestations

Contestations will be considered for presumed lead-based paint violations Order #616 and inconclusive violations Order #624. .The owner can contest the violation using the Contestation Form only if:

• the building was built in or after 1960
• the paint has been tested and does not contain lead. In this case, documentation regarding the testing must be provided as indicated on the form.

Postponements

An owner can request up to two postponements of the date of correction if they are having a serious technical difficulty; inability to obtain necessary materials, funds, or labor; or inability to gain access to make the required repair. Review the 1st Request Postponement Form and 2nd Request Postponement Form carefully before submitting the request for postponement. These forms are also included with your Notice of Violation.

Overdue Violations

Lead-based paint hazard violations have been issued under several different lead laws over the past 30 years. The laws required different methods of correction and different documentation to support the correction. If the deadline to correct and certify such a violation has passed, the owner cannot certify correction. The next steps that the owner must take will depend on whether an inspection has already been conducted by HPD. For more instructions on how to proceed with your particular building, go to HPDONLINE. Enter your building address, select the Violations tab and then select Overdue Lead-Based Paint Violations. You will be presented with the list of violations that are open and next steps, including information on which of the affidavits below is required to be submitted.

You may be required to submit documents.  Below find the documents that may be required.

• AF-5 Affidavit of Compliance: Lead-Based Paint Violations (for work completed after August 1, 2004)
• AF-3 Affidavit of Compliance: Lead-Based Paint Violations (for work completed prior to August 1, 2004)
• Sample Affidavit by Dust Wipe Sampler (for violations, not to be used for the Exemption Application)
• Sample Sworn Statement for the EPA-licensed lead abatement firm (for violations, not to be used for the Exemption Application)

Lead-based Paint Hazards Turnover violations

During a lead-based paint inspection where a child under six resides, HPD will also issue violations for a property owner’s failure to conduct turnover work if there are lead-based paint hazard violations issued for door and window friction surfaces. These violations require owners to comply with Turnover requirements, which would have required abatement of these surfaces, and certify correction. During the inspection procedure, HPD would have received information from the occupant that they moved in after August 2, 2004, the effective date of Local Law 1.

There are four types of Turnover violations. You may certify corrections for each by completing the turnover work and providing the appropriate documentation. Please read the instructions carefully that are included with your Notice of Violation as they will provide what is needed to correct these violations. Generally, the owner must provide evidence that all window and door frictions surfaces are free of lead-based paint.

Notice of Violation

There are three types of violations: You may also contest violations based on the reasons provided with each specific order number ­­­­— the contestation reasons are not the same for each type of violation, so read that document carefully. The links for each contestation form are provided below.

Turnover Violations:

Violation Orders	Is Issued If
621	HPD has not tested the deteriorated window or door friction surface but has presumed that the peeling paint is lead-based paint.
622	HPD has tested a deteriorated window or door friction surface, and it is positive.
623	Provide turnover records for 10 years to certify compliance
625	HPD has tested a deteriorated window or door friction surface, and it is inconclusive.

Please read the instructions carefully that are included with the Notice of Violation about what needs to be done to correct these violations. Generally, the owner must provide evidence that all window and door friction surfaces are free of lead-based paint.

For information on HPD issued violation numbers 614, 618, 619, 620, 623, and 626 visit our Required Audit Compliance and Record-keeping page.

Please feel free to contact HPD’s Lead Unit (212) 863-5501 option # 5 with any questions.