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NYC Local Law 31
Understanding Local Law 31: Lead Paint Rules For NYC Landlords
Over the past few years, New York City has made several important updates to the NYC Childhood Lead Poisoning Prevention Act (Local Law 1 Of 2004), strengthening existing lead laws and expanding inspection requirements for landlords and building owners.
Local Law 31 Of 2020, which went into effect on August 9, 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 older residential “Multiple Dwelling” buildings. Local Law 31 also includes a 5-year testing requirement, meaning that all residential building owners in NYC must have all dwelling units inspected for Lead Paint by August 9, 2025. Apartments with children under the age of 6 residing there must be inspected immediately. 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.
CleanNYC Lead and Mold Solutions
Applying for Exemptions
Owners of pre-1960s buildings can apply for two types of lead exemptions — lead free or lead safe. These exemptions allow property owners to bypass performing annual notice distribution, inspections and turnover requirements under the new laws.
To qualify for a lead free exemption, an XRF test performed by an EPA-certified inspector must show no lead on any surface. If lead is found, owners must show that they have permanently eliminated the source of the lead through an EPA-certified abatement firm. Lead safe exemptions may be granted when sources of lead are encapsulated or contained using an approved abatement method like covering the area with sheetrock. Additionally, an ongoing monitoring plan must be put in place and an independent firm must perform a lead risk assessment every two years.