Lead poisoning negatively affects brain development in young children. These results can be permanent. When lead-based paint deteriorates, harmful dust and chips can land on window sills, floors, and toys where children can ingest it.

Because of these risks, the sale of lead-based paint for residential use was banned in New York City starting January 1, 1960.

When elevated lead levels are found in a child's blood, NYC department of Health and Mental Hygiene (DOHMH) will respond to the child's family and may inspect for lead-based paint hazards in the child's apartment and other areas the child spends time.

• DOHMH will issue a Commisioner's Order to Abate (COTA) to the property owner for any area where lead-based paint hazards are found.

• When a COTA is issued to the owher of a residential building, HPD will audit all of the building's lead-based paint records and will inspect all units with children under 6.

Lead-Based Paint hazards include:

• 1.

  Dust from peeling paint

• 2.

  Peeling or damaged lead paint

• 3.

  Lead paint on:

1. a.Crumbling plaster or rotted wood
2. b.Doors and windows that stick or rub together
3. c.Window sills and any other surfaces that have been chewed on by children

Under Local Law 1 of 2004 and its amendments, paint is presumed to be lead-based if:

• 1.

  The building is:

1. a.A Multiple Dwelling (3 or more residential units)

OR

2. b.A Private Dwelling (1-2 units) with a tenant-occupied unit
• 2.

  The building was built prior to January 1, 1960; and

• 3.

  A child under 6 years old resides* in the unit.

*resides = Lives or routinely spends 10 hours or more per week (i.e. A babysitter can be babysitting a kid in an apartment with lead-paint)

Local Law 1 focuses on lead-based paint hazards. The law identifies two major concerns:

Deteriorated paint or paint on high-risk surfaces.

Presence of child under 6 years old.

In all dwellings built before January 1, 1960:

- Find out if a child under 6 lives there or regularly spends 10 or more hours per week there ("resides")

- Complete the Annual Notice and Investigation

- Ask about children and look for deteriorated paint

Whenever a tenant moves out, complete required lead-based paint removal work before the new tenant moves in (Turnover)

- Hire appropriately certified contractors, who will use Safe Work Practices

NYC law requires Owners to keep records for at least 10 years related to all lead-based paint activity.

Details Matter! You must keep detailed written records for each step of each procedure. (i.e. Every follow-up, inquiry, each attempt made, etc.)

Yes. The presumption of lead applies to all pre-1960 buildings, even if you believe there is no lead-based paint.

When someone moves out, you have to take steps to abate high-risk surfaces (i.e. door and window friction surfaces), even if the paint is NOT deteriorated.

HPD inspectors are always looking for peeling paint in buildings where Local Law 1 applies and in units where children under six reside. In addition, HPD is also proactively selecting buildings for audits and inspections to ensure owners are complying with annual investigation, recordkeeping and turnover requirements.

• 1.

  Lead Free - All tested surfaces and components are free of Lead-Based Paint

1. a.All surfaces and components tested negative for lead

OR

2. b.Some tested positive for lead, but abated using permanent removal or replacement
• 2.

  Lead Safe - Some tested surfaces and/or components still contain Lead-Based Paint, but are abated using:

1. Containment - LBP surface is covered, enclosed, and sealed with sheetrock or similar durable material
2. Encapsulation- Coating adhered to LBP surface

- Not permitted on chewable, binding, friction, impact, or heat surfaces

Lead Safe requires an ongoing Monitoring Plan and Recordkeeping

Any tests conducted at the old threshold (before 12/1/2021), cannot be used for the purposes of fulfilling the Local Law responsibilities going forward.

This means that tests at the old threshold can no longer be used to demonstrate that there is no lead-based paint on a single component, in a unit, or in a common area, and can not be used to apply for Exemptions.

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• Lorem Ipsum is simply dummy text of the printing and typesetting industry.
• Lorem Ipsum is simply dummy text of the printing and typesetting industry.
• Lorem Ipsum is simply dummy text of the printing and typesetting industry.
• Lorem Ipsum is simply dummy text of the printing and typesetting industry.

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.