What is Local Law 31 of 2020?

The law went into effect on August 9, 2020.

Key Takeaways:

  • X-Ray Fluorescence (XRF) analyzer inspections are now required for all tenant-occupied dwelling units and common areas in residential buildings built prior to 1960 (as well as for buildings built between 1960 and 1978 with known lead-based paint).
  • XRF lead inspections must take place by August 9, 2025 or within one year if a child under the age of 6 resides in or moves into the unit.
  • Inspections must be conducted by a third-party, EPA-certified lead inspector or risk assessor, independent of the owner or any firm hired to perform lead-based paint remediation.
  • Copies of records for completing the testing requirement under Local Law 31 of 2020 must be maintained for 10 years.

Local Law 31 of 2020, requires landlords to have X-Ray Fluorescence (XRF) lead inspections conducted by EPA-certified inspectors to test for the presence of lead-based paint in multiple dwelling residential buildings.

Local Law 31 also includes a 5-year testing requirement, meaning that all residential building owners in NYC must have all dwelling units and common areas inspected for lead paint by August 9, 2025. Records of XRF testing must be maintained for 10 years.

Apartments with children under the age of 6 residing there must be inspected much sooner. If a family with a child under the age of 6 recently moved into an apartment, lead testing must be completed within 1 year of their move-in date.

What are the penalties for non-compliance?

Failure to comply with these requirements and deadlines will result in a Class “C” hazardous violation. Property owners will be liable for civil penalties of $1,000 minimum and $5,000 maximum per violation.

Why was Local Law 31 of 2020 created?

Local Law 31 was enacted as part of a comprehensive legislative package aimed at improving current lead regulations and eliminating loopholes that could jeopardize the health of children and pregnant women by exposing them to lead.

Where can I learn more?

Give us a call at 212-381-6001 or email us at info@cleannyclmd.com.

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