NYC Landlords’ Guide to Lead Paint Removal “Abatement” Requirements

Local Law 1 Guidelines for Landlords

In New York City, landlords of buildings constructed before 1960, and sometimes between 1960-1978 if lead paint is know to be present, are required to adhere to guidelines under Local Law 1 to manage and mitigate lead paint hazards. This article outlines the responsibilities of landlords under this law, particularly focusing on the actions required during tenant turnover to ensure the safety and well-being of new occupants.

Understanding Lead Paint and Lead Paint Hazards

Lead paint becomes a hazard when it is present on friction surfaces, such as windows and doors, or when it begins to deteriorate (peeling, chipping, chalking, cracking, or otherwise damaged) on non friction surfaces. At this point, it poses a significant health risk, especially to children. The law differentiates between general lead paint and lead paint hazards, with specific actions required for the latter.

Local Law 1 Requirements at Turnover

Landlords must undertake several lead-based paint activities during tenant turnover per local law 1 . These activities apply to buildings built before 1960 and, if the owner is aware of lead-based paint, also to those constructed between 1960-1978. Or by July 2027 if a child under the age of six resides in the space. Starting January 1, 2025, if a child under six moves into a unit, the property owner must abate the lead-based paint within three years of the child’s residency.

1. Removal of Lead-Based Paint on Friction Surfaces:
   
   • Doors and Door Frames: Lead-based paint must be removed from all friction surfaces on doors and door frames.
   • Windows: Lead-based paint must be removed from friction surfaces on windows, or replacement window channels or sliders must be installed.
     
2. Making Surfaces Smooth and Cleanable:
   
   • Bare floors, window sills, and window wells must be made smooth and cleanable to eliminate dust and debris that can harbor lead particles.
     
3. Addressing Chewable Surfaces:
   
   • Chewable surfaces with evidence of teeth marks must have the lead-based paint removed or be encapsulated with a hard, puncture-resistant material.
     
4. Remediation of Lead-Based Paint Hazards:
   
   • All lead-based paint hazards and underlying defects must be remedied, at a minimum by wet scraping and painting.

Certified Contractors and Safe Work Practices

All work must be performed by EPA-certified contractors using safe work practices to prevent lead contamination during the remediation process. This certification ensures that the work is carried out following federal and city regulations.

Dust Clearance Testing

After the remediation work, a third-party company, independent of both the landlord and the contractor, must conduct dust clearance testing to ensure that the unit is free from hazardous lead dust. This testing is a critical step to verify that the environment is safe for the new tenants.

Local Law 1 Unit Exemptions

Units granted a Lead Free exemption at a threshold of 0.5 mg/cm² are exempt from the turnover requirements. However, units previously exempted at 1.0 mg/cm² lose their exemption at the first turnover post-December 1, 2021, and must undergo required turnover activities unless re-certified at the new threshold.

Additional Local Law 1 Lead Prevention Resources

• Local Law 1 – NYC Lead Poisoning Prevention Law Information for Tenants (PDF)
• The City of New York – Local Law No.1 (PDF)

Conclusion

Lead paint abatement is a critical responsibility for NYC landlords and is essential for protecting tenants’ health and complying with Local Law 1.

The requirements during tenant turnover are comprehensive, involving the removal of lead-based paint from friction surfaces, addressing chewable surfaces, and remediating all lead-based paint hazards. These actions, coupled with the use of certified contractors and mandatory dust and lead testing, ensure safe and hazard free living conditions.