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. If the owner has tested the surfaces throughout the apartments, they should see HPD’s Exemption application below.