Lead is a harmful metal that can poison people, especially children, when it is ingested. In young children, lead can cause behavioral and learning problems that cannot be cured. Although there are other sources of lead poisoning, lead is often found in paint (it was used to make the paint stronger) used in apartments and residential buildings in New York City built before 1960. When damaged, wet or scraped, old paint turns into dust or chips on the floor. It is possible that young children can get dust or paint chip flakes onto their hands and it can go straight into their mouths. This can lead to young children getting lead into their bodies.
Because of this danger, property owners of buildings built before 1960 (or built between January 1, 1960, and January 1,1978, if the owner knows there is lead-based paint) must presume that the paint is lead-based paint and follow the instructions under the law for doing any types of work that could disturb a lead-based paint surface and cause dust or debris from the paint.The only exception to this rule is for a building where the property owner has had the painted surfaces tested properly and received results indicating that all paint has less than 0.5 mg/cms2 of lead in the paint, which means it is not lead-based paint under the law (the paint is negative).The owner must maintain these records.
If there is lead-based paint or the paint has not been tested, the property owner must:
Penalties may be significant for failing to conduct any of the above activities or keeping records about that compliance. The owner’s section below provides more detail about how to comply with these requirements.
If the owner has the appropriate certified firm test the surfaces throughout an apartment or common area and all of the surfaces test negative, or some test positive and the owner follows the proper processes for removing the paint with lead, the owner should file for an Exemption (see below section).
A lead-based paint hazard exists when there is peeling or disturbed paint on a surface in a building built before 1960 in an apartment where a child under six routinely spends 10 or more hours (“resides”) unless the surfaces have all been tested and there is less than 0.5 mg/cms2 of lead in the paint. Lead-based paint hazards include:
As a result of the annual notice or anytime the tenant reports a peeling paint condition, a landlord is responsible to properly repair the lead-based paint hazard. If the landlord does not fix peeling paint or if the work is not being done safely (creating dust that is not contained), the tenant should file a complaint online or call 311.
For a general overview of what landlords must do and what every tenant should know, download the Lead Paint Hazards in the Home (Peligros de la Pintura con Plomo en el Hogar) pamphlet. Click on specific topics below and continue reading this page for more detailed information.
New requirements regarding lead-based paint testing, lead-based paint recordkeeping and lead-based paint audits are now mandated as a result of recently passed legislation. Please review the below requirements carefully. HPD will be updating this webpage as the deadlines approach to provide more detailed information about violation compliance.
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Lead Poisoning and Lead-Based Paint Safety
Although paint is the most common source of lead poisoning, you can learn more about other types of lead exposure and lead poisoning.
You can also be proactive to keep your child safe from lead-based paint. In any building built before January 1, 1960, if there is a child under the age of six residing in the apartment, tenants should:
The Annual Notice
Between January 1st and January 16th, you should receive an Annual Notice from your landlord asking if you have a child under six routinely spending 10 or more hours a week in your apartment. You must return this notice to your landlord by February 15th, indicating if you have a child under six residing in your apartment, and that you require an annual inspection of painted surfaces in your apartment. If you do not have a child under six residing in your apartment, you are still obligated to return the form to your landlord by February 15th with an indication that no child under six resides in your apartment.
If a child younger than six comes to live in the apartment or routinely spends more than 10 hours per week any other time during the year, you must also notify the landlord in writing.
The Lease Notice
When you are signing a lease, property owners are required to provide:
Property owners must also certify on this notice that they have performed the required turnover work prior to occupancy of the unit by the new occupants. This notice is also required at lease renewal. Tenants may request a copy of the documentation to show the required work was completed.
Complaints
When a tenant files a complaint with HPD about any condition which may cause peeling paint 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 requires the inspector to look in every room for any paint that is peeling or otherwise coming loose from the surface on ceilings, walls, doors, windows, and other painted surfaces. The inspector will test peeling paint using an x-ray fluorescence machine (XRF), which measures the lead content in the paint. Paint that is not peeling will not be tested. If lead-based paint is found on these peeling paint surfaces and the tenant has not already had their child’s blood lead level tested or spoken with the Department of Health and Mental Hygiene (DOHMH) about having a blood test, the tenant should call 311 to find out more about this testing. A health care provider or the DOHMH can recommend the next steps if it is determined that a child has an elevated blood lead level.
If the tenant does not indicate there is a child under the age of six residing in the apartment when the complaint is filed, but the inspector confirms there is a child under the age of six residing in the apartment at the time of the inspection, the inspector will conduct a visual paint survey for paint that is peeling without the XRF machine. If peeling paint is found, another inspector may return to the apartment within the following two weeks to conduct a second inspection that includes the XRF machine to determine if the paint meets the definition of lead-based paint. If this follow-up inspection cannot be performed, a violation will be issued based on the previous visual survey as a presumed lead-based paint hazard.
HPD sends tenants a letter with the results of the XRF testing performed during the inspection.
Repairs
As a result of the annual notice or anytime a tenant in an apartment where a child under six spends 10 or more hours a week in an apartment (“resides”) reports a peeling paint condition or HPD issues a violation, a landlord is responsible to properly repair the condition using certified contractors and safe work practices. If the landlord does not fix peeling paint or if the work is not being done safely (if the work is creating dust that is not contained), the tenant should call 311.
If HPD issues a violation and the landlord does not complete the repair, HPD will send a qualified inspector to see what needs to be done, hire a certified contractor to make the repair, and follow up the repair with an inspection to collect dust samples to ensure that no lead dust remains after the work is completed. All these steps are necessary to protect your child.
Local Law 1 of 2004 requires that owners follow and retain evidence that safe work practices were used for all repair work in a dwelling unit or building common area where a child under the age of six resides when more than two square feet of lead-based paint or paint of an unknown lead content is disturbed.
HPD has created a form to help an owner know when the Local Law 1 requirement for documenting safe work practices applies: see the Sample Form for Safe Work Practices Compliance and a Frequently Asked Questions document related to Safe Work Practices.
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Owner Responsibilities
If there is lead-based paint or the paint has not been tested for an apartment or common area in a building built prior to 1960, the property owner must:
Penalties may be significant for failing to conduct any of the above activities or keeping records about that compliance. The owner’s section below provides more detail about how to comply with these requirements.
HPD's Lead-Based Paint Briefings (sent out periodically to property owners who have included an email on their HPD Property Registration) and the “Get Ahead of Lead” webinar series (which you will also receive notification about via email or which you can access below under Webinars) can help you learn more about your responsibilities and obligations under New York City’s Laws and Rules (Local Law 1 of 2004 and amendments).
Owner Recordkeeping Responsibilities
All of the activities described on this webpage require documentation of compliance. In order to assist owners, HPD has created a series of sample compliance documents that you can use as is or which can assist you in designing your own recordkeeping documentation. In the event that your property is audited, and whenever you sell your property, you will be required to provide this documentation:
Condo/Coop Buildings
If a condo or coop dwelling unit is occupied by the owner or the owner’s family, not a tenant, most of Local Law 1 of 2004, including the requirements for the Annual Notice and annual inspection, do not apply. However, if a dwelling unit is occupied by a tenant rather than the unit owner, the Annual Notice requirements of Local Law 1 apply, and, if a child under six is determined to reside in the dwelling unit, Local Law 1 requires an annual inspection be performed for common areas and the dwelling unit. Owners who are leasing out their unit should discuss these requirements with their cooperative or condo board and management company to determine the process for the Annual Notice, inspection, and any repair work that might be necessary. Any repair work must be performed by certified workers using safe work practices pursuant to Local Law 1 of 2004. Owners and management should document all communications and must retain all records of the inspections and any remediation performed for at least 10 years.
The Lease Notice
When providing a lease, property owners are required to provide:
Property owners must also certify on this notice that they have performed the required turnover work (see below section on Turnover) prior to occupancy of the unit by the new occupants. This notice is also required at lease renewal. Tenants may request a copy of the documentation to show the required work was completed.
Annual Requirements
Property owners must complete the following tasks and document that they have done so (see Sample Compliance Forms section for assistance on documentation) every year:
Send out the Annual Notice to determine if there is a child under six routinely spending 10 or more hours each week (“residing”) in a dwelling unit. Between January 1st and January 16th, owners of multiple dwelling built before 1960 (or between 1960 and 1978 if the owner has knowledge there is lead-based paint) are required to deliver an Annual Notice to each tenant and to collect the completed notice from the tenant by February 15th.
There are two versions of the Annual Notice that owners can use:
Department of Health and Mental Hygiene — Healthy Homes
125 Worth Street, Sixth Floor, CN58
New York, NY 10013
Conduct the annual investigation
Repair any deteriorated paint promptly using the appropriately certified contractor.
Owners are required to follow safe work practices and retain evidence that safe work practices were used for all repair work in a dwelling unit or building common area where a child under the age of six resides when more than two square feet of lead-based paint or paint of an unknown lead content is disturbed. There are also circumstances where more than the basic safe work practices are required.
Requirements Upon Turnover of an Apartment
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). This is referred to as “turnover.”
Owners must:
All the work must be done following the safe work practices described above. 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.
Records of turnover inspections and work must be maintained for 10 years. HPD has created sample forms for an owner to document the turnover inspection was completed: see the Sample Forms for Turnover Vacancy Compliance
For more information about property owner responsibilities and requirements upon unit turnover, see our FAQ.
Paint Testing Requirement
By August 9, 2025, or, for an apartment, within one year if a child under the age of six comes to routinely spend 10 or more hours a week in the unit (whichever is sooner), a property owner must use an Environmental Protection Agency (EPA) certified inspector or risk assessor, independent of the owner or any firm hired to perform lead-based paint remediation, to test for the presence of lead-based paint in a dwelling unit or common area of a building built prior to 1960. This requirement must also be met if the rental building was built between 1960 and 1978 and the owner has actual knowledge of lead-based paint. Records of XRF testing must be maintained for 10 years. HPD has created sample forms for an owner to document that the testing was properly completed: see the Sample Affidavit by Certified Individual Who Performed Lead-Based Paint Testing
Existing exemptions will remain active for a unit until such time as the unit is vacated by a tenant (turnover). Note: A lease renewal is not the same thing as turnover, does not need to be reported to HPD, and does not affect the existing exemption.
Safe Work Practices
Federal regulations for lead-based paint also apply in New York City, and owners should be aware that those requirements for safe work practices extend to housing built before January 1, 1978.
HPD has created a form to help an owner know when the Local Law 1 requirement for documenting safe work practices applies: see the Sample Form for Safe Work Practices Compliance and a Frequently Asked Questions document related to Safe Work Practices.
Exemption
As mentioned above in the section on the Testing Requirement, all units and public areas are REQUIRED under the law to be tested by August 2025. If this testing determines that an apartment or a common area are free from lead-based paint OR if there is lead-based paint and the owner chose to permanently remove or encapsulate that paint (not all surfaces may be encapsulated), the owner may wish to file for an exemption with HPD. Exemptions will only be granted for units tested by an XRF machine with an approved Performance Characteristic Sheet (PCS) issued at an action level of 0.5 mg/cm².
What is an Exemption?
A Lead Exemption is a waiver granted by HPD from the presumption of lead-based paint when property owners use safe work practices to remove or permanently cover all lead-based paint or when there is already no paint that tests positive for lead.
Why file for a lead-based paint exemption?
Paint in buildings built prior to 1960 is presumed under New York City law to be lead-based paint until the lead content in the paint is tested and determined to not meet the legal definition of lead-based paint. The presumption of lead paint places a significant number of requirements on property owners for the maintenance and remediation of painted surfaces, with additional requirements if a child under six routinely spends 10 or more hours a week in the apartment where the paint exists. Once an exemption is granted, for a unit or common area covered by an exemption, the landlord will no longer be required to:
How do I file for Lead Exemption?
We have transitioned to a new exemption application process, which is now available through the Lead Exemption Online Portal (LEOP). This change aims to streamline and simplify the exemption process for owners.
If you still wish to submit paper applications, you must use our new Application for Exemption. Effective June 1, 2024, the older version of the exemption paper application will no longer be acceptable.
What other documents may be required to apply for a Lead Exemption?
Units exempt prior to December 1, 2021
Beginning December 1, 2021, the legal standard to define lead-based paint was lowered from 1.0 mg/cm2 to 0.5 mg/cm².
Exemptions granted at the 1.0 mg/cm2 remain active until such time as the unit is vacated by a tenant (turnover). Note: A lease renewal is not the same thing as turnover, and does not need to be reported to HPD, and does not affect the existing exemption.
As of the date of the turnover, the exemption is no longer valid.
Owners must notify the department when turnover occurs for an unit exempted at the 1.0 mg/cm2 standard using the Affidavit of Turnover, which can either be submitted to HPD using the Lead Exemption Online Portal (LEOP) or by mail. The Affidavit of Turnover in an Exempted Unit is also available in the following languages:
Please return your completed Affidavit of Turnover in an Exempted Unit to:
NYC Department of Housing Preservation and Development
345 Adams Street 10th Floor
Brooklyn NY 11201
ATTN: Lead Exemption Unit
When an owner notifies HPD of the turnover or if HPD becomes aware of the turnover, HPD will issue a notice regarding the revocation of the exemption.
Audits of Required Compliance Documents and Audit Recordkeeping Violations Audits
Audits of Required Compliance Documents and Audit Recordkeeping Violations Audits
HPD proactively audits lead-based paint related records to determine a property owner’s compliance with Local Law 1 of 2004, selecting buildings through HPD’s Building Lead Index. HPD also demands these records from owners who have been issued a Commissioner’s Order to Abate (COTA) which DOHMH issues when there is a child with an elevated blood lead level in an apartment where DOHMH has found lead-based paint hazards.
In both cases, HPD issues a Record Production Order.
The Record Production Order requires property owners to submit the following documentation for their property within 45 days of the request:
The Record Production Order is also issued with a series of affidavits to be completed. A property owner who does not respond to the Record Production Order or who responds with incomplete records will be issued an immediately hazardous Class “C” violation and may be subject to additional violations. Property owners will be liable for a civil penalty of no less than $1,000 and not more than $5,000 for this violation. A property owner is also subject to civil penalties specifically for failure to conduct the annual notification and inspection and for failure to perform required activities upon turnover.
Audit Recordkeeping Violations
Violations are also issued if a property owner fails to provide records requested by HPD (audit). These violations include order #s 614, 618, 619, 620, 623, and 626.
Violation Orders. |
Is Issued To |
614 |
Provide turnover records for 10 years to certify compliance |
618 |
Provide HPD within 45 days of request all records required related to Lead-based paint notices, inspections, and remediation/abatement activities for the last 10years. |
619 |
Provide notification to tenant and investigate lead-based hazardous paint etc. for the last 10 years. |
620 |
Provide HPD within 45 days of request all records required related to Lead-based paint notices, inspections, and remediation/abatement activities for the last 10 years. |
623 |
Provide turnover records for 10 years to certify compliance |
626 |
Provide documents showing compliance with XRF Testing |
If an owner receives one of these violations, the owner will only be able to comply by providing the required documents. See the tabs for Owner Responsibilities, Annual Requirements, Requirements Upon Turnover of an Apartment, Paint Testing Requirement, Safe Work Practices, Audits of Required Compliance Documents and Audit Recordkeeping Violations Audits (Samples) and the sample Record Production Order on this page for more information about the documents that owners are required to maintain for 10 years.
For further questions, call the Lead Hotline at 212-863-5501.
HPD can also issue a violation for failure to complete turnover work when conducting a field audit inspection related to a COTA or HPD Lead Index Audit:
Record Production Order:
Record Production Order Template (includes Affidavits)
Owners can access below a translated template of the Record Production Order (including affidavits) to assist with understanding the Record Production Order they received in the mail from HPD:
Lead-Based Paint Hazard Violations
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 and issue a violation which may be contested by the property owner if testing is done by the property owner.
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 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:
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:
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 for 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 below affidavits is required to be submitted.
You may be required to submit documents. Below find the documents that may be required.
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 correction 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 it 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.
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 is provided below.
Turnover Violations:
Violation Orders |
Is Issued If |
HPD has not tested the deteriorated window or door friction surface but has presumed that the peeling paint is lead-based paint. |
|
HPD has tested a deteriorated window or door friction surface and it is positive. |
|
Provide turnover records for 10 years to certify compliance |
|
HPD has test 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.
Briefings
Get Ahead of Lead Briefings:
This January 2024 Lead Briefing to Property Owners provides information about important dates for Local Law 1 annual notice and inspection requirements, and FAQs about lead-safe work practices, new lead-based paint legislation and the unit testing requirements.
The October 2023 Lead Briefing to Property Owners provides updates on new legislation and information on available materials and resources to residential building owners to support compliance with the New York City Housing Maintenance Code, the New York State Multiple Dwelling Law and other relevant city codes.
The June 2023 Bulletin to Property Owners provides information about the duties of owners and tenants regarding laws and rules relating to housing in New York City.
Click here for Notices and Bulletins to Property Owners
It is also available in additional languages.
Webinars
Local Law and Rules
American Legal Publishing provides free access to view and search more than 2000 municipal codes nationwide. Please browse the American Legal Publishing’s Code Library to access Local Law 1 of 2004, and its amendments, as incorporated into the New York City Administrative Code. Local Law 1 of 2004 is New York City’s 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. Also included are the rules and amendments of the NYC Childhood Lead Poisoning Prevention Act of 2003; proposed and adopted by the New York City Department of Housing Preservation and Development. Please consult your legal advisor for legal interpretations of Local Law 1 of 2004 and other code material.
Additional Resources
You can schedule an appointment online to speak with a representative from HPD’s Code Enforcement office either virtually or by telephone to discuss Local Law 1 requirements and compliance with lead-based paint hazard and recordkeeping violations including processes like certification, contestation, and postponement) and exemptions.
Required notices:
Sample Compliance Documents:
Grants and Loans
More Information
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Annual Report
Within four months after the close of the fiscal year, HPD provides to the City Council a written report on HPD's implementation of Local Law 1 of 2004 during the preceding year. The report includes an analysis of the program, a detailed statement of revenue and expenditures, and a statistical section designed to provide a detailed explanation of HPD's enforcement, including information about complaints, inspections, violations, certifications of corrections, and work orders.