Lead-Based paint

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 Lead is a harmful metal often found in old paint that can be poisonous for young children if it creates dust or paint chips. Young children can swallow the lead paint dust and chips from window sills and floors. Lead exposure can cause behavior and learning problems in young children. While lead-based paint was banned in New York City in 1960, older buildings may still contain it. Property owners of these buildings are responsible for keeping tenants safe from lead-based paint hazards. 

On December 1, 2021, in compliance with Local Law 66 of 2019 and the rules adopted by the Department of Housing Preservation and Development (HPD), the definition of lead-based paint will change from paint that has a lead content measured at 1.0 mg/cm2 or greater as determined by laboratory analysis or by an instrument called an X-ray Florescence analyzer (XRF) with an approved performance characteristic sheet (PCS) at a testing action level of 1.0 mg/cm2 to be defined as paint that has a lead content measured at 0.5 mg/cm2 or greater as determined by laboratory analysis or an XRF instrument with an approved PCS and programmed at a testing action level of 0.5 mg/cm2. 

Lead-based paint hazards include:

• Dust from peeling paint
• Peeling or damaged lead paint
• Lead paint on:
  • Crumbling plaster or rotted wood
  • Doors and windows that stick or rub together
  • Window sills and any other surfaces 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 condition. 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.

In New York City, Local Law 1 of 2004, and its amendments, require landlords to identify and remediate lead-based paint hazards in the apartments where there is a young child, using trained workers and safe work practices.

Lead-based paint hazards are presumed to exist in dwelling units and common areas if:

• The building was built before January 1, 1960;
• The building has tenant-occupied rental apartments; and
• A child under the age of six resides in the dwelling unit.
  • "Resides" means 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.

Since 2004, most of Local Law 1 has applied to residential buildings with three or more units. Starting in February 2021, all of Local Law 1 of 2004 also applies to tenant-occupied, one- and two-unit buildings.

This means that, unless a property owner has tested the painted surfaces and maintains records of that testing, they 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.