Lead-Based Paint - HPD

Housing Preservation & Development


Housing Quality / Safety

Lead-Based Paint


Lead-Based Paint

As a property owner of a building built prior to 1960, there are many obligations you need to know about lead-based paint hazards and the remediation or abatement of lead-based paint in your building. Go to www.nyc.gov/hpd and search for Lead-Based Paint for more general information about an owner's responsibilities related to lead-based paint and more detail about the requirement to have all paint testing completed by August 2025.

How do I get lead-based paint testing done?

Hire an Environmental Protection Agency (EPA) certified Lead paint Inspector / Risk assessor to test all units and common areas using a device called an XRF machine, which identifies lead in paint. Qualified contractors can be found at https://www.epa.gov and search for "lead certified contractors".

What do I need to do if there is lead?

If there is lead-paint that is peeling in an apartment with a child under six, you must hire an EPA certified contractor immediately to address the hazard safely. If there is lead on a painted surface that is not peeling or there is no child under six that routinely spends more than 10 hours a week in the apartment, you do not need to take immediate action to remove the lead. See our webinars on Lead by searching "HPD LEAD" on https:// www.youtube.com.

How do I show proof I tested my building?

You MUST keep and maintain the testing records provided by your contractor for 10 years and provide them to HPD when requested.

When is the deadline?

Testing MUST be completed in all units and common areas by August 9th, 2025.

What is the penalty if I don't complete the testing in time?

Failure to comply may result in a Class "C" immediately hazardous violation, making you liable for civil penalties up to a maximum of $1500.

See below Paint Testing Requirement section for more frequently asked questions.

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:

Monitor painted surfaces and repair the paint properly if it is peeling in apartments with children under six or in common areas of the building.

This monitoring includes a process of annual notices and investigations.

Repairs must be done following federal and city regulations, including hiring certified firms/workers who follow prescribed safe work practices. These requirements differ depending on whether general repair work is being done, the work is being done specifically to remove lead-based paint or the work is being done pursuant to violations issued by either HPD or the New York City Department of Health and Mental Hygiene (DOHMH).

Remove lead-based paint from doors and windows (as well as make other repairs as described below) when apartments become vacant.

Test all painted surfaces by 2025 so that they know where the lead-based paint is located.

Maintain records related to all of the above activities for at least 10 years.

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).

What Are Lead-Based Paint Hazards?

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:

Dust from paint, including dust created when doors and windows stick or rub together

Peeling or damaged paint

Painted surfaces, such as windowsills, that have been chewed on by children

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.

2024 and 2025 Changes to the Law:

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.

Owners will be required to:

Local Law 122 of 2023

Provide annual notice and investigation records whenever lead-based paint hazard or turnover violations are issued. The requirement 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 or by reviewing the Owner’s Annual Notice section below..

Provide XRF testing records, which an owner is required to have, whenever a lead-based paint hazard or turnover violation is issued beginning August 2025.

Local Law 111 of 2023

Conduct XRF testing of common areas by August 2025. Records of this testing must be maintained and submitted to HPD upon request. Note that owners are already obligated to have all apartments tested by August 2025. HPD recommends that owners apply for an Exemption for all apartments and common areas that test negative or for which the property owner abates all lead-based paint surfaces.

Local Law 123 of 2023

If a child under six resides in a unit with presumed lead-based paint in a multiple dwelling built prior to 1960 or a dwelling unit in a private dwelling erected prior to January 1, 1960 where each dwelling unit is to be occupied by persons other than the owner or the owner’s family, 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

If a child under six comes to reside in a unit 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 three years of the date that the child comes to reside there.

HPD is required to:

Local Law 111 of 2023

Conduct a visual inspection of paint conditions 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 becomes effective in June 2024.

Local Law 127 of 2023

Add violations for failure to comply with turnover requirements (see below Owner’s Section labelled Turnover for details) 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 becomes effective in September 2024.

Local Law 122 of 2023

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 three 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 becomes effective in September 2024.

Tenant Information

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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:

Wash floors, windowsills, hands, toys, and pacifiers often

Report any peeling paint to your landlord so that the surface can be repaired immediately anytime you see peeling paint throughout the year

If dust is being created during construction work, ensure your child is not in the work area and ensure that the workers are keeping that area separated from the rest of your apartment. Report dust created by this type of work that is not contained and/or is not cleaned daily to 311.

Remind your doctor to test your child for lead poisoning at ages one and two

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.

Annual Notice for Prevention of Lead-Based Paint Hazards - Inquiry Regarding Child (Aviso Anual Para Medidas de Precaucion con los Peligros de Plomo en la Pintura-Encusta Respecto al Nino)

The Lease Notice

When you are signing a lease, property owners are required to provide:

The Lease/Commencement of Occupancy Notice for Prevention of Lead-Based Paint Hazards (Spanish | Español)) to new tenants as a form of inquiry if a child under the age of six will live or regularly spending 10 hours or more per week in the unit

The Lead Paint Hazards in the Home (Spanish | Español) pamphlet.

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.

Owner Responsibilities

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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:

Monitor painted surfaces and repair the paint properly if it is peeling in apartments with children under six or in common areas of the building.

This monitoring includes an annual process of annual notices and investigations (see details in the Annual Notice section).

Repairs must be done following federal and city regulations, including hiring certified firms/workers who follow prescribed safe work practices. These requirements differ depending on whether general repair work is being done, the work is being done specifically to remove lead-based paint or the work is being done pursuant to violations issued by either HPD or the New York City Department of Health and Mental Hygiene (DOHMH).

Remove lead-based paint from doors and windows (as well as make other repairs as described below) when apartments become vacant.

Test all painted surfaces by 2025 so that they know where the lead-based paint is.

Maintain records related to all of the above activities for at least 10 years.

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).

You may also contact 212-863-5501 for more Lead Information.

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:

Sample Delivery of Annual Notice Inquiry Regarding Child

Sample Delivery of Annual Notice -No Response -Detailed Form

Sample Annual Visual Investigation -Summary Form

Sample Annual Visual Investigation - Detailed Form - Provide Copy to Occupant

Sample Annual Visual Investigation - Detailed Form - Not Completed

Sample Forms for Turnover Vacancy Compliance

Sample Form for Safe Work Practices Compliance

Sample Affidavit by Certified Individual Who Performed Lead-Based Paint Testing

Sample Affidavit by Dust Wipe Sampler

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:

The Lease/Commencement of Occupancy Notice for Prevention of Lead-Based Paint Hazards (Spanish | Español)) to new tenants as a form of inquiry if a child under the age of six will live or regularly spending 10 hours or more per week in the unit

The Lead Paint Hazards in the Home (Spanish | Español) pamphlet.

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:

The Annual Notice asks the tenant to disclose if a child under the age of six resides in the dwelling unit. "Resides" is to routinely spend 10 or more hours per week in a dwelling unit, which includes both a child who lives in the apartment and a child who just visits for this period of time. There are two versions of the Annual Notice that owners can use:

Protect Your Child from Lead Poisoning and Window Falls Annual Notice (Proteja a su Nino del Envenenamiento por Plomo y de las Caidas por las Ventanas Notificación Anual

Annual Notice for Prevention of Lead-Based Paint Hazards - Inquiry Regarding Child (Aviso Anual Para Medidas de Precaucion con los Peligros de Plomo en la Pintura-Encusta Respecto al Nino)

The notice must be provided to the tenant in at least English and Spanish and in duplicate (two copies of each) so the tenant can retain a copy and return a copy to the owner. Make sure your tenants know where to return this notice.

Keep evidence that this notice was delivered and retain the completed notice received back from the tenant. This notice is important because it determines whether the owner must do other required activities, such as the annual investigation and whether safe work practices are required.

If the tenant does not return the completed notice by February 15th, the owner must conduct follow-up inspections between February 16th and March 1st to attempt to determine if a child under six lives or routinely spends more than 10 hours in the dwelling unit. An owner must keep records of the attempts made to contact the tenant to perform the investigation.

If the owner does not receive the completed notice from the tenant and cannot determine based on these follow-up investigations whether there is a child under six, the owner must also notify DOHMH in writing that no notice has been received back from the tenant (a copy of this notification should also be maintained by the owner). The owner’s 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 an owner with documenting the notice was sent, received back, or any follow-up inspections done if the notice was not returned by the tenant: see below Forms:

Sample Delivery of Annual Notice Inquiry Regarding Child

Sample Delivery of Annual Notice -No Response -Detailed Form

Conduct the annual investigation

Once the owner knows which unit has a child under the age of six residing in the unit, the owner must perform a visual investigation to look for potential lead-based paint hazards. This investigation must be conducted at least annually or more often if the owner knows about a condition that may cause a lead hazard, or if the occupant makes a complaint about such a condition.

You do not need to hire a professional to conduct your annual visual investigation. However, HPD highly recommends that whoever conducts this investigation take the online visual assessment training offered by the federal Department of Housing and Urban Development to help the person know what to look for. This investigation is a visual inspection looking for peeling paint, chewable surfaces (such as windowsills), deteriorated subsurfaces, friction surfaces (painted doors or windows) and impact surfaces. It must include every surface in every room in the dwelling unit, including the interiors of closets and cabinets. The person conducting the investigation should keep records about what they saw and HPD has created sample forms to assist with this. See below forms:

Sample Annual Visual Investigation -Summary Form

Sample Annual Visual Investigation - Detailed Form - Provide Copy to Occupant

Sample Annual Visual Investigation - Detailed Form - Not Completed

After the visual inspection is completed, the owner is required to give a copy of the inspection results to the tenant.

The owner must also do this visual inspection in any building common areas (such as a lobby, hallway, or stairwell) of the building where a child resides.

Repair any deteriorated paint promptly using the appropriately certified contractor.

If there is peeling paint found on a surface where the owner has no documentation of whether there is lead-based paint on the surface, the owner must presume that there is lead-based paint and hire the appropriately certified contractor to complete the repairs safely and quickly or, (if the owner believes there is less than 0.5 mg/cm2 in the paint because the wall is a new wall, for example) to test the peeling paint and keep documented evidence that the paint lead content is less than 0.5 mg/cm2.

To understand the qualifications that your contractor must have in order to perform the work that is needed, review the and watch the Webinar on Safe Work Practices in NYC: Knowing When and How to Use Certified Contractors when Working with Lead-Based Paint.

All documents regarding any work done by the appropriate contractors must be maintained. See below for more information about safe work practices.

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:

Remediate all peeling paint and any underlying defects (such as leaks). At a minimum this would mean wet scrape and painting the surfaces

Remove lead-based paint on chewable surfaces that have evidence of teeth marks or encapsulate the surface with a hard, puncture resistant encapsulant (encapsulants must be approved for this purpose and applied by certified contractors).

Remove lead-based paint from friction surfaces on all doors and door frames. This can result in replacement of the door and door frame.

Make all bare floors, window sills, and window wells in the dwelling unit smooth and cleanable.

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 on the dangers of lead in paint used in your building and a property owner's responsibility related to lead-based paint visit nyc.gov/leadfree.

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

Essential information about lead-based paint inspection and record-keeping requirements for property owners.

What is the purpose of the requirement that all units and common areas be fully tested for lead-based paint?

The regulation aims to ensure that owners of properties built prior to 1960 with rental units, and owners of buildings with rental units built prior to 1978 where the owner has actual knowledge of the presence of lead paint, are aware of where lead-based paint exists and can focus resources on monitoring as required by federal and city law, remediating or abating lead in paint safely.

Who is required to perform the lead-based paint inspection?

The inspection must be performed by an Environmental Protection Agency (EPA) certified Lead paint Inspector / Risk assessor. That inspector will test all units and common areas using a device called an XRF machine, which identifies lead in paint. Qualified contractors can be found at https://www.epa.gov and search for “lead certified contractors”.

The inspection must be performed by someone who is not the property owner, their agent, or a contractor involved in lead paint remediation.

When must a lead-based paint inspection be performed?

Testing must be conducted at the 0.5 mg/cm2 action level in all rental units and common areas by August 9th, 2025, or within one year after a child of applicable age moves into the dwelling, or the issuance of an order by the City DOHMH requiring such inspection —whichever comes soonest.

Are there any exceptions to this inspection requirement?

No.

What areas must be tested in buildings built before 1960 or built between 1960 and 1978 if the owner is aware of the presence of lead-based paint in the building?

All residential units in buildings with 3 or more residential units, by August 9th, 2025, or within one year after a child of applicable age moves into the dwelling, or the issuance of an order by the City DOHMH requiring such inspection —whichever comes soonest.

Rental units in 1-2 family homes.

Common areas in buildings meeting the above criteria.

How long must landlords keep records related to lead-based paint inspections and remediation?

Property owners should always keep records produced from this testing, and any records related to attempts to gain access to conduct such testing.

Generally, landlords must keep all lead-based paint records for at least ten years and provide them to HPD when requested. This includes documentation of the provision of annual notices, tenant responses to annual notices, inspections, the names of inspectors, testing results, and any exemptions from the presumption of lead paint. Review the Owner Recordkeeping Responsibility section below for all of the types of information that should be maintained.

What happens to these records if the property is sold?

When ownership of the property changes, the records must be transferred to the new owner.

What specific records must landlords keep regarding this mandated lead-based paint inspection?

Landlords must keep records of:

Names of inspectors or contractors performing lead-based paint inspections

Proof of qualification for the EPA certified inspector and firm conducting the inspection

Lead-based paint testing results/reports provided by the inspector/contractor

If testing finds that there is no lead-based paint in an apartment or a building’s common area, what should a property owner do?

Owners are encouraged to apply for a Lead-Free Exemption. Owners do not have to provide annual notices regarding lead-based paint to the tenants or conduct annual investigation in units with children under the age of six for any units granted a Lead-Free Exemption.

If testing finds that there is lead-based paint in an apartment or a building’s common area, what should a property owner do?

If the paint is peeling and a child under six years old resides in the unit, a lead-based paint hazard is present, and the owner must correct the lead-based paint hazard immediately.

If the paint is intact and a child under six years old resides in the unit, a lead-based paint hazard is not present. Owner may choose to monitor the paint condition to prevent a hazard for occurring or abate (permanently remove) the lead-based paint.

If the paint is peeling in the common area, the owner must remediate or abate the lead-based paint hazard immediately.

If a child under six does not reside in the apartment, the owner is not obligated to make any repairs as long as the apartment is occupied. Upon turnover, the owner must take steps as required under the turnover requirements (more detailed information listed under the Requirements Upon Turnover of an Apartment section).

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.

The owner must use contractors certified in abatement by the United States Environmental Protection Agency (EPA) and the level of certification increases if the work being done is over 100 square feet, or requires the removal of two or more painted windows, is in response to a violation, or is specifically for abatement. See the EPA's Locate Certified Inspection, Risk, Assessment, and Abatement Firms webpage.

For work that does not meet these elevated requirements, the owner must hire a firm that is certified to do renovations (known as Renovation, Repair and Painting or RRP) by the EPA. The EPA website has information about the Renovation, Repair and Painting (RRP) program. After the work in completed, an EPA-certified lead inspector or risk assessor must take dust samples to confirm the area is free of lead-contaminated dust, below the levels provided in Local Law 1 and HPD’s rules. Owners must retain copies of the firm and worker certificates for the work and the dust samples, the results of the dust samples, and any invoices or documentation of the work done.

The RRP certification requirement extends to plumbers, electricians, carpentry, etc., if there is any work being done where paint would be disturbed.

You can find more details about safe work practices in the Guide to Local Law 1 of 2004 Work Practices . Failure to follow safe work practice can result in violations being issued by the Department of Buildings (DOB) or DOHMH

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:

Provide annual notices regarding lead-based paint to the tenant of that unit or conduct annual inspections of units with children under six.

If the exemption is a Lead-Free exemption – meaning that all paint with lead content of greater than 0.5 mg/cm2 has been permanently removed (not covered) - safe work practices are not required for construction in the covered area.

For Lead Safe exemptions, the owner will still have to conduct periodic inspections to ensure that any encapsulated lead-based paint remains safely covered.

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?

Affidavit by Lead Inspection Firm Former Employee

Affidavit of Ownership for Condo/Coop Unit or Unregistered Private Dwelling

Affidavit by Dust Wipe Sampler – Current Employee

Affidavit by Lead Abatement Firm

Encapsulation Affidavit

Lead Testing Affidavit – Current Employee

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:

Arabic | العربية

Bengali | বাংলা

Chinese (Simplified) | 简化字

French | français

Haitian-Creole | Kreyòl ayisyen

Korean | 한국어

Polish | polski

Russian | Русский язык

Spanish | Español

Urdu | اردو

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:

Records for the Annual Notice distribution and collection

Records for the completed annual investigations

Records for work performed to correct open and uncertified lead-based paint hazard violations including documentation of work practices used

Records for all non-violation work that disturbed lead-based paint or paint of unknown lead content in a dwelling unit where a child under six years of age resides or in the common area of the building, including documentation of the work practices used

Records for all work performed at turnover of any unit that was the subject of a new tenancy including documentation of work practices used and lead-contaminated dust clearance test results

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.

618/619/620 Violation Certification Instructions Form

621/622/623/625 Violation Certification and Instructions Form

626 Violation Certification and Instructions Form

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:

Order #623 is issued when the occupant stated that they moved into the unit within the last ten years and the property owner failed to provide the turnover documents to HPD as requested in our Record Production Order.

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:

Arabic | العربية

Bengali | বাংলা

Chinese (Simplified) | 简化字

French | Français

Haitian-Creole | Kreyòl ayisyen

Korean / 한국어

Polish / polski

Russian | Русский язык

Spanish | Español

Urdu | اردو

Lead-Based Paint Hazard Violations

Lead-Based Paint Hazard Violations (Violation Order #s 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 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:

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

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

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 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.

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 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.

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 is 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 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

Get Ahead of Lead Webinar

Lead-Based Paint Basics: An Overview of New York City's Requirements for Building Owners

Private Dwellings: Understanding New Lead-Based Paint Requirements

Lead-Based Paint Annual Notice and Recordkeeping: An Owner's Guide to Compliance in NYC

Owner's Responsibilities at Apartment Turnover

Safe Work Practices in NYC: Knowing When and How to Use Certified Contractors when Working with Lead-Based Paint

An Owner's Guide to the Lead-based Paint Exemption Requirements and Application Process

HPD Lead-Based Paint Violations: Understanding the Basics of Lead Violations and How to Clear Them

HPD Lead-Based Paint Violations: Understanding Work and Documentation Dates

Local Law and Rules

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

Information regarding Local Law 122

Information regarding Local Law 123

Information regarding Local Law 127

Local Law 1 of 2004, as amended: Article 14 of Title 27 of the New York City Administrative Code

Chapter 11 of Title 28 of the Rules (and Amendments) of the City of New York

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

Schedule an Appointment Online

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.

Schedule an Appointment

Required notices:

Protect Your Child from Lead Poisoning and Window Falls Annual Notice(Proteja a su Nino del Envenenamiento por Plomo y de las Caidas por las Ventanas Notificación Anual)

Annual Notice for Prevention of Lead-Based Paint Hazards - Inquiry Regarding Child(Aviso Anual Para Medidas de Precaucion con los Peligros de Plomo en la Pintura-Encusta Respecto al Nino)

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)

Lead Paint Hazards in the Home(Peligros de la Pintura con Plomo en el Hogar) pamphlet

Sample Compliance Documents:

Sample Delivery of Annual Notice Inquiry Regarding Child

Sample Delivery of Annual Notice -No Response -Detailed Form

Sample Annual Visual Investigation -Summary Form

Sample Annual Visual Investigation - Detailed Form - Provide Copy to Occupant

Sample Annual Visual Investigation - Detailed Form - Not Completed

Sample Forms for Turnover Vacancy Compliance

Sample Form for Safe Work Practices Compliance

Grants and Loans

Lead Hazard Reduction and Healthy Homes- provides grants on average of $10,000 to building owners to fix lead paint hazards

More Information

Lead Poisoning Information from DOHMH

Lead Paint Hazards in the Home

Arabic | العَرَبِيَّة

Bengali | বাংলা

Chinese (Simplified) | 简化字

Chinese (Traditional) | 汉语

French | Français

Haitian Creole | kreyòl ayisyen

Hindi / हिन्दी

Italian / italiano

Korean | 한국어

Polish | język polski

Punjabi | ਪੰਜਾਬੀ

Russian | ру́сский язы́к

Spanish | Español

Urdu | اُردُو

Yiddish / ײִדיש

Lead Free NYC: A Roadmap to Eliminating Childhood Lead Exposure

HUD Visual Assessment Training

Get Ahead of Lead flyer

Arabic | العَرَبِيَّة

Bengali | বাংলা

Chinese | 汉语

French | Français

Haitian Creole | kreyòl ayisyen

Korean | 한국어

Polish | język polski

Russian | ру́сский язы́к

Spanish | Español

Urdu | اُردُو

HPD Annual Reporting on Lead-Based Paint

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Click a topic, or press the enter key on a topic, to reveal its answer.

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.

Lead-Based Paint Annual Report FY2024

Lead-Based Paint Annual Report FY2023

Lead-Based Paint Annual Report FY2022

Lead-Based Paint Annual Report FY2021

Lead-Based Paint Annual Report FY2020

Lead-Based Paint Annual Report FY2019

Lead-Based Paint Annual Report FY2018

Lead-Based Paint Annual Report FY2017

Lead-Based Paint Annual Report FY2016

Lead-Based Paint Annual Report FY2015

Lead-Based Paint Annual Report FY2014

Lead-Based Paint Annual Report FY2013

Lead-Based Paint Annual Report FY2012

Lead-Based Paint Annual Report FY2011

Lead-Based Paint Annual Report FY2010

Lead-Based Paint Annual Report FY2009

Lead-Based Paint Annual Report FY2008

Lead-Based Paint Annual Report FY2007

Lead-Based Paint Annual Report FY2006

Lead-Based Paint Annual Report FY2005