Landlords in New York City have specific responsibilities for protecting young children from lead paint hazards. Local Law 1 of 2004, also known as the Childhood Lead Poisoning Prevention Act, outlines these requirements, which apply to multiple dwelling units that were built before 1960 (or between 1960 and 1978 if lead-based paint is known to be present) and where a child under the age of six lives.
The New York City Department of Housing Preservation & Development (HPD) handles enforcement and offers online resources to assist building owners with compliance. This article provides an overview of landlords’ responsibilities.
Owners of properties that meet the above criteria need to take the following actions to manage possible lead paint exposure.
- Investigate lead-based paint hazards upon turning over the apartment. If any issues are identified, the owner must correct the situation, using safe work practices and trained workers.
Lease signing and renewal
- Provide a form to new occupants that asks whether a child under six will live in the unit. (This form must also include the owner’s certification that they performed the above investigation/remediation prior to occupancy by the new tenants.)
- Issue a notice with the lease that documents owner responsibilities for lead identification and remediation, as well as a pamphlet on the hazards of lead-based paint.
- Distribute an annual lead notice between January 1-15 to all tenants in pre-1960 multiple dwellings, or in dwellings built between 1960 and 1978, where the owner knows lead-based paint exists. (This notice may be combined with the annual window guard notice.)
Investigations & correction
- Investigate common areas and individual units where children under six reside. Specifically, look for peeling paint and deteriorated sub-surfaces. Also, inspect friction surfaces, impact surfaces and chewable surfaces (such as window sills and other protrusions).
- If the building owner knows about an existing condition that may present a lead paint hazard, investigations should be more frequent.
- If a tenant complains about a possible hazard, the owner must ask whether a child lives in the unit and inspect the complaint within 10 days.
- If occupants do not confirm whether a child under six lives in the unit, the owner must conduct a physical inspection to determine whether this is the case.
- Correct any identified lead hazards using workers trained in safe work practices. Following remediation, a third party should conduct a clearance dust test, and the owner should provide test results to the tenant.
- Document all inspections and corrective actions.
For additional information on these requirements, visit HPD website.