Lead is a harmful metal often found in old paint that can be poisonous for young children if it creates dust or paint chips. Young children can swallow the lead paint dust and chips from window sills and floors. Lead exposure can cause behavior and learning problems in young children. While lead-based paint was banned in New York City in 1960, older buildings may still contain it. Property owners of these buildings are responsible for keeping tenants safe from lead-based paint hazards.
Attention: On December 1, 2021, in compliance with Local Law 66 of 2019 and the rules adopted by HPD, the definition of lead-based paint will change from paint that has a lead content measured at 1.0 mg/cm2 or greater as determined by laboratory analysis or by an instrument called an X-ray Florescence analyzer (XRF) with an approved performance characteristic sheet (PCS) at a testing action level of 1.0 mg/cm2 to be defined as paint that has a lead content measured at 0.5 mg/cm2 or greater as determined by laboratory analysis or an XRF instrument with an approved PCS and programmed at a testing action level of 0.5 mg/cm2. Owners can refer to the final rule and companion Frequently Asked Questions document for more information.
Learn more about lead poisoning and types of lead exposure other than lead-based paint.
HPD's "Get Ahead of Lead" webinar series can help you learn more about your responsibilities and obligations under Local Law 1 of 2004 (lead-based paint laws and rules).
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 condition. 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.
In New York City, Local Law 1 of 2004, and its amendments, require landlords to identify and remediate lead-based paint hazards in the apartments where there is a young child, using trained workers and safe work practices.
Lead-based paint hazards are presumed to exist in dwelling units and common areas if:
Since 2004, most of Local Law 1 has applied to residential buildings with three or more units. Starting in February 2021, all of Local Law 1 of 2004 also applies to tenant-occupied, one- and two-unit buildings.
This means that, unless a property owner has tested the painted surfaces and maintains records of that testing, they 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. If the owner has tested the surfaces throughout the apartments, they should see HPD’s Exemption application below.
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 information.
You can schedule an appointment online to speak with a representative from HPD’s Code Enforcement office either virtually or by telephone. While we pilot this new service, we are offering a limited number of time slots. We may adjust the number of time slots offered based on demand.
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Lead-Based Paint Safety
You can 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
By February 15th, return the Annual Notice that you receive from your landlord. This puts your landlord on notice that you have a child under six residing in your apartment, and that you require an annual inspection of painted surfaces in your apartment.
If a child younger than six comes to live in the apartment or routinely spend more than 10 hours per week any other time during the year, you must also notify the landlord in writing.
The Lease Notice
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
As a result of the annual notice or anytime the tenant in an apartment where a child under six “resides” (defined as to routinely spends 10 or more hours a week) reports a peeling paint condition, 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 (creating dust that is not contained), the tenant should file a complaint online or call 311.
When a tenant files a complaint with HPD 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 test peeling paint using an x-ray fluorescence machine (XRF), which measures the lead content in the paint. This includes paint that is peeling or otherwise coming loose from the surface on ceilings, walls, doors, windows and other painted surfaces.
If lead-based paint is found on these peeling paint surfaces and the tenant states that they have 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 Inspector will strongly encourage the tenant to allow the Inspector to call the DOHMH at the conclusion of the inspection so the tenant can obtain more information about how to protect their child and/or obtain a referral for blood testing for their child. 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 lead-based paint survey 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, the violation will be issued based on the previous visual survey as a presumed lead-based paint hazard.
HPD also sends tenants a letter with the results of the XRF testing performed during the inspection.
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Owner Responsibilities
In New York City, Local Law 1 of 2004 presumes lead-based paint could exist in dwelling unit and common areas if:
Since 2004, most of Local Law 1 has applied to residential buildings with three or more units. Starting in February 2021, all of Local Law 1 of 2004 also applies to tenant-occupied, one- and two-unit buildings.
For these apartments/buildings, the owner must:
These requirements also exist for dwelling units and common areas built between January 1, 1960 and January 1, 1978 if the owner knows there is lead-based paint.
Owners must also retain the records of these activities for at least 10 years and, starting in May 2020, certify compliance with these activities as a part of the annual property registration. Penalties may be significant for failure to conduct these activities and maintain these records.
The requirements in Local Law 1 of 2004 do not apply in an apartment in a building where the title is held by a cooperative or condominium and the shareholder of record or their family occupies the apartment. The law does apply to cooperative or condominium units occupied by a tenant or subtenant.
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.
Annual Requirements
1. Send out the Annual Notice to determine if there is a child under six residing in a dwelling unit. Conduct investigations if the tenant does not respond.
Requirements Upon Turnover of an Apartment
When a dwelling unit changes tenants, owners are required under Local Law 1 to complete certain 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 below. 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. 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.
5-Year Testing Requirement (Local Law 31 of 2020)
Effective August 9, 2020, Local Law 31 of 2020 states that an 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 of a building built prior to 1960. The inspection must take place within 5 years of the effective date of the law (by August 9, 2025) or within one year if a child under the age of 6 comes to reside in the unit (whichever is sooner). 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. As of January 1, 2020, the term “reside” now means that a child under six years of age lives in the dwelling unit in a pre-1960 building, OR a child under six years of age routinely spends 10 or more hours per week in such a dwelling unit.
Sample Affidavit by Certified Individual Who Performed Lead-Based Paint Testing
Safe Work Practices
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 6 resides when more than 2 square feet of lead-based paint or paint of an unknown lead content is disturbed.
Exemption
Beginning December 1, 2021, the legal standard to define lead-based paint changed to 0.5 mg/cm², and 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.
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.
Owners must notify the department when turnover occurs for an exempted unit using the Affidavit of Turnover in an Exempted Unit. 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
94 Old Broadway, 7th Floor
New York, NY 10027
ATTN: Lead Exemption Unit
As of the date of the turnover, the exemption is no longer valid. 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.
You may apply for a new exemption as soon as the unit is tested by an XRF machine with an approved PCS issued at the action level of 0.5 mg/cm², before or after the existing exemption is revoked because of turnover. HPD began accepting exemption applications at the new testing level on November 1, 2021. Note: You cannot use testing performed by an XRF machine testing at the 1.0 mg/cm² action level even if the results of testing are below 0.5 mg/cm² to apply for a new exemption.
For more information about the change in the definition of lead-based paint, see our FAQ.
Property owners can hire qualified companies to conduct testing to determine whether there is lead-based paint in their buildings and work proactively to reduce the liability associated with lead-based paint. Local Law 1 of 2004 provides for an exemption from certain provisions of the law based on submission of the required test and documentation.
Record Keeping and Compliance Forms
HPD proactively audits lead-related records to determine a property owner’s compliance with Local Law 1 of 2004. HPD also demands these records from owners who have been issued a Commissioner’s Order to Abate by DOHMH. This is done by issuing 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 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.
Required notices:
Sample Compliance Documents:
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:
Violations:
Violations
When a tenant files a complaint and a child under the age of six resides in the apartment in a building with three or more units and 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.
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.
Violations will be issued if a lead paint hazard is identified by an HPD inspector, or if a lead paint hazard is presumed to exist, in any building where a child under the age of six lives (Orders #616 and #617). The violation will constitute a class C immediately hazardous violation. 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.
Property owners are required to correct and certify the correction of the violations to 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. Review the HPD Cover Letter and Guide to Local Law 1 of 2004 (also included with the Notice of Violation) and see the Remediation and Safe Work Practices section of this webpage for 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 violation. Once the documents listed below are submitted and accepted as on time and valid by HPD, a reinspection will be performed before the violation will be cleared.
How to certify:
Contestations will be considered for presumed lead-based paint violations (Order #616). The owner can contest the violation using the Contestation Form only if the building was built in or after 1960 or 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.
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.
Lead-based paint 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 and select Overdue Lead-Based Paint Violations from the left-hand column. 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.
Learn how to look up the status of lead-based paint violations and improve your understanding of HPD’s requirements in this thirty-minute video, which provides a step-by-step walkthrough for using HPD’s website to research your building’s violations.
During a lead-based paint inspection where a child under 6 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 three types of violations:
HPD also 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:
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.
Violations are also issued if a property owner fails to provide records requested by HPD (audit). These violations may be order #s 614, 618, 619, 620, or 623. 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, 5 Year Testing Requirement, Safe Work Practices, Record Keeping and Compliance Forms (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.
Briefings
This December 2022 Lead Briefing to Property Ownersprovides information about the unit testing requirement, important dates for Local Law 1 annual notice and inspection requirements, and FAQs about lead-safe work practices.
This October 2022 Lead Briefing to Property Ownersprovides information about webinars and in-person events for National Lead Poisoning Prevention Week.
This June 2022 Lead Briefing to Property Owners provides information about lead-safe work practices.
It is also available in additional languages:
HPD will regularly publish informational briefings to highlight one aspect of Local Law 1 of 2004 (New York City Childhood Lead Poisoning Prevention Act) and share other resources to support property owners.
Webinars
Join HPD for live and pre-recorded webinars covering various topics on lead-based paint.
Local Law and Rules
Information Regarding the Implementation of Local Law 66 of 2019: Amendment to the Definition of Lead-based Paint under Article 14 of the Housing Maintenance Code
On December 1, 2021, in compliance with Local Law 66 of 2019 and the rules adopted by the Department of Housing Preservation and Development (HPD), the definition of lead-based paint will change from paint that has a lead content measured at 1.0 mg/cm2 or greater as determined by laboratory analysis or by an instrument called an X-ray Florescence analyzer (XRF) with an approved performance characteristic sheet (PCS) at a testing action level of 1.0 mg/cm2 to be defined as paint that has a lead content measured at 0.5 mg/cm2 or greater as determined by laboratory analysis or an XRF instrument with an approved PCS and programmed at a testing action level of 0.5 mg/cm2. Owners can refer to the final rule and companion Frequently Asked Questions document for more information.
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
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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.