"Get Ahead of Lead" Briefing March 2020

Get Ahead of Lead Monthly Briefing: March 2020

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Furthering our commitment to providing you with information and updates about your responsibilities and obligations under Local Law 1 of 2004, HPD will publish a series of informational briefings. Each briefing will highlight one aspect of the law but will not comprehensively cover all laws and rules that apply. Please visit the Lead-Based Paint webpage for more information.

This publication is intended for informational purposes only and is not intended as legal advice. This information is not a complete or final statement of all the duties of owners and tenants about laws and rules relating to housing in New York City.

This briefing focuses on property owner responsibilities as it relates to:

  • turnover
  • annual notices and investigations follow up
  • HPD’s “Get Ahead of Lead” webinars
  • financing opportunity for lead paint repairs

Turnover Work

1. What does “turnover” mean?
Turnover” means the period when a unit changes occupancy from one tenant to another tenant. This does not include temporary relocation of a tenant.

During this turnover period, section 27-2056.8 of Local Law 1 of 2004 requires that property owners of multiple dwellings (three or more units) and private dwellings (one to two units and only the unit that the owner does not occupy) erected prior to 1960 take preventative measures and remedial actions related to lead-based paint.

What are my responsibilities as a property owner under section 27-2056.8 of Local Law 1 of 2004?

What specifically is the work that must be done at turnover?
At the first turnover, an EPA-certified Abatement Firm must:

  • Remove lead-based paint on chewable surfaces with evidence of teeth marks or encapsulate the surface with a hard, puncture resistant encapsulant.
  • Remove all lead-based paint on friction surfaces on all doors and door frames.
  • Remove all lead-based paint on friction surfaces on all windows or provide for the installation of replacement window channels or sliders on the friction surfaces.
  • Removing lead-based paint can mean totally removing the surfaces and replacing them with a new one or fully removing all paint from the surfaces.

Each time there is a turnover (including the first time), an EPA-certified Renovation Firm must:

  • Remediate all lead-based paint hazards and any such underlying defects, when such underlying defects exist. At a minimum, this would mean wet scrape and paint.
  • Make all bare floors, windowsills and window wells in the dwelling unit smooth and cleanable.

Note: All work performed at turnover must be followed by dust clearance tests performed by an EPA-certified Lead Inspector or Risk Assessor.

How long after a tenant leaves a unit does a property owner have to perform turnover work before a new tenant takes up residence in the same unit?
There is no specific timeframe to perform turnover work after a tenant leaves a unit. However, before a new tenant takes up residence in the same unit, the turnover work must be done, and dust clearance tests must be taken with lab results below the required lead-contaminated dust thresholds.

Do property owners need to continue to do turnover work if an apartment unit has been completely renovated?
Turnover work must be performed unless the unit tests negative for lead-based paint. Simply providing evidence that renovation work was completed is not enough. If the owner does have records to show the unit has tested negative for lead-based paint and the testing was completed by an EPA-certified Lead Inspector or Risk Assessor, the owner can apply to HPD for an exemption. A current Lead Free HPD exemption would mean the owner would not have to perform the turnover requirements. Please see the Application for Exemption

Where can I learn more about safe work practices for lead-based paint and using EPA-certified contractors?
HPD has resources on its website including a past “Get Ahead of Lead” monthly briefing and guides:

How can I learn more about turnover and my responsibilities as a property owner?
HPD hosted an online webinar specifically focused on “turnover” on March 26th, 2020. Watch the webinar.

Follow Up: Annual Notices

Between January 1 and January 16, property owners of multiple dwelling built before 1960 or between 1960 and 1978 if the owner has knowledge there is lead-based paint, were required (by Local Law 1 of 2004) to deliver an Annual Notice to each tenant in their buildings and to collect the completed notice from the tenant by February 15. The form is was new for January 2020:

Make sure your tenants know where to return this notice. If the tenant did not return the completed notice by February 15, you must conduct follow-up inspections between February 16 and March 1 to attempt to determine if a child under six lives or routinely spends more than 10 hours per week in the dwelling unit. As the property owner, you must keep records of the attempts made to contact the tenant to perform the investigation.

If you do not receive the completed notice from your tenants and cannot determine, based on these follow-up investigations, whether a child under six lives or routinely spends more than 10 hours per week in the dwelling unit, you must notify DOHMH in writing that no notice has been received back from the tenant. You should retain a copy of this notification for your records. Your notification to DOHMH should be mailed to:

Department of Health and Mental Hygiene — Healthy Homes
125 Worth Street, Sixth Floor, CN58
New York, NY 10013

HPD has created forms to assist you with the documentation that the notice was sent, received back, or any follow-up inspections done if the notice was not returned by the tenant. Please see the Sample Forms for Delivery of Annual Notice Compliance.

Please see the January 2020 "Get Ahead of Lead" Monthly Briefing for more information about the "annual notice" requirement.

Additional Resources: “Get Ahead of Lead” Webinars

HPD has launched the “Get Ahead of Lead” campaign, a new outreach and education initiative to address lead-based paint hazards. This campaign includes a webinar series of live and pre-recorded video presentations about how you as a property owner or agent can be in compliance with lead-based paint laws and rules. The webinars will also help you stay informed about new and updated lead rules and requirements.

HPD has received positive feedback from property owners on the usefulness of these webinars as a general guide to understanding and complying with the rules and requirements of New York City’s Local Law 1 of 2004:

  • Learning about Lead-Based Paint: 12 Key Takeaways for Every Landlord (Dec 2019)
  • Recordkeeping: A Guide to Proper Documentation of Lead-Based Paint Compliance (Jan 2020)

Please browse the “Additional Resources” tab on the Lead-Based Paint webpage for recordings of the past webinars.

Join HPD for live and pre-recorded webinars covering various topics on lead-based paint. Registered owners who provide their email address during annual Property Registration receive email notifications to register for the webinars. Please Register Your Property.

Additional Resources: Financing for Lead Paint Repairs

For owners of existing buildings with 3 or more units in need of major building systems repair/replacement, there are two HPD loan programs that offer affordable financing for rehabilitation work:

  • The Multifamily Housing Rehabilitation Loan Program (HRP) provides low-interest (up to 3%) rehabilitation loans for the replacement of major building systems, including, but not limited to, roof and window replacement, building envelope work (Local Law 11 and pointing), and upgrades to the heating, electrical, and/or plumbing systems. For details, please visit the HRP webpage.
  • The Green Housing Preservation Program (GHPP) provides no-interest, forgivable loans to finance energy efficiency and water conservation improvements, in combination with low-interest (up to 3%), repayable loans to finance needed systems upgrades, including, but not limited to, roof, window and boiler replacement. Project scopes of work must include energy efficiency measures that are projected to save at least 20% in annual energy (heating and electric) usage, as determined by a third-party energy audit. For details, please visit the GHPP webpage.

Now, through part of the City’s Lead-Free NYC initiative, both programs also offer 0% interest, forgivable financing of up to $10,000 per residential unit for abatement of lead-based paint, for eligible rental buildings constructed prior to 1960. Lead inspection/testing is performed by HPD at no cost to the owner. through this initiative, owners receive assistance in making their buildings safer and healthier for current and future tenants and comply with local NYC Lead Law requirements.

Financing for lead abatement through these programs is available only in combination with a larger moderate-rehabilitation scope of work.