Get Ahead of Lead Briefing October 2023

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Dear Property Owners,

Furthering our commitment to providing property owners information on their obligations under the law, the Department of Housing Preservation and Development (HPD) will publish a series of quarterly bulletins online and via email. Each bulletin will highlight one aspect of the law and is not meant to comprehensively cover all laws and rules that apply. This bulletin is now available in other languages on HPD’s webpage, under the heading Briefings.

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 regarding laws and rules relating to housing in New York City.

"Get Ahead of Lead" October 2023 *SPECIAL* Briefing

National Lead Poisoning Prevention Awareness Week of Events: October 22-28, 2023

three kids sitting on the floor with text over their head that reads national lead posioning prevention week

Join the NYC Health Department and the NYC Department of Housing Preservation and Development (HPD) for in-person educational events for tenants, homeowners and building owners in your neighborhood. Learn about lead poisoning prevention!

For information on virtual and in person events, visit www.nyc.gov/lead or call 646-632-6023

Please join us online or in person!

Look for the HPD Outreach Van for the in-person events!!

a van with painting on its side

To register for a webinar, SCAN ME!

qr code, scan to join the webinar

NEW LEAD-BASED PAINT LEGISLATION

New requirements regarding lead-based paint testing, lead-based recordkeeping and lead-based paint audits are now mandated as a result of recently passed legislation. Please review the below requirements carefully.

Owners will be required to:

  • Provide annual notice and investigation records whenever lead-based paint hazard or turnover violations are issued. The requirement (Local Law 123 of 2023) becomes effective on September 1, 2024.More information on what annual notice and investigation records can be found by watching HPD’s webinar Lead-Based Paint Annual Notice and Recordkeeping: An Owner’s Guide to Compliance in NYC – YouTube or by registering for webinars are they are announced by HPD through these bulletins.
  • provide XRF testing records, which is an owner is required to have, whenever a lead-based paint hazard or turnover violation is issued.This requirement (Local Law 123 of 2023) becomes effective in August 2025.
  • Conduct XRF testing of common areas by August 2025. Records of this testing must be maintained and submitted to HPD upon request.This requirement (Local Law 111 of 2023) becomes effective in June 2024.
  • If a child under six resides in a unit with presumed lead-based paint (in a multiple dwelling built prisor to 1960) on January 1, 2025, the property owner must abate the lead-based paint on door and window friction surfaces, and remediate lead paint hazards, including making all floors smooth and cleanable, by July 2027.This requirement (Local Law 123 of 2023) becomes effective in September 2024.
  • If a child under six comes to reside in a unit (in a multiple dwelling built prior to 1960) with presumed lead-based paint, after January 1, 2025, the property owner must abate the lead-based paint on door and window friction surfaces, and remediate lead paint hazards, including making all floors smooth and cleanable within 3 years of the date that the child comes to reside there. This requirement (Local Law 123 of 2023) becomes effective in September 2024.

HPD is required to:

  • Conduct a visual inspection of paint condition in a common area observed in the inspector’s line of travel when the inspector is in the building to complete a complaint-based lead paint inspection in a dwelling unit. This requirement (Local Law 111 of 2023) becomes effective in June 2024.
  • Add turnover violations as a criterion for selecting buildings for audit. Also, as part of the selection criteria for audits, consider the number of violations and data on the prevalence of elevated blood lead levels in certain geographic areas identified by the NYC Department of Health & Mental Hygiene (DOHMH). This requirement (Local Law 127 of 2023) becomes effective in September 2024.
  • Dismiss a record-keeping violation as corrected if the owner submits:
    • an appropriate request form for such violation with the required consecutive 10 years of records, including such records for the year in which the owner is submitting the dismissal request; OR
    • the appropriate request form for such violation with documentation demonstrating that the owner has kept the required records for a period of at least 3 consecutive years, including such records for the year in which the owner is submitting the dismissal request, and upon notification from HPD that such submitted documentation is sufficient, a payment of $1,000 for each year of the 10 years that the owner does not submit documentation. This requirement (Local Law 122 of 2023) becomes effective in September 2024.

For more information about New York City’s Childhood Lead Poisoning Prevention Act (also known as Local Law 1 of 2004) and its requirements for rental property owners, visit: www.nyc.gov/lead-based-paint. HPD will be providing more details regarding all of the above requirements on its website in the coming months.