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Lead Paint Law Compliance The City's
Lead Paint Hazard Reduction Law Went into Effect on August 2, 2004
Local Law 1 of 2004 ("Local Law 1") is a comprehensive law concerning the
prevention of childhood lead poisoning through the remediation of lead paint
hazards in housing and day care facilities. This legislation repeals the former
lead law, Local Law #38 of 1999.
“Please Note: Beginning October 1, 2006, the "applicable age" of a child for
purposes of compliance with some of the requirements of Local Law #1 of 2004 has
been changed from under age seven to under age six. “
Multiple Dwellings Covered Under the Law
The law covers all pre-1960 multiple dwellings. The law also places certain
responsibilities on owners in post-1960 to pre-1978 buildings where the owner
knows there is lead based paint. Owners whose buildings fall into this category
should consult the law. The provisions of Local Law 1 do not apply where title
to a multiple dwelling unit is held by a cooperative or condominium and the
shareholder of record or his or her family occupies the unit. The law does
however apply to cooperative or condominium units occupied by a tenant or
subtenant.
Owner Responsibilities under Local Law 1
As an owner of property located in New York City, it is your responsibility to
familiarize yourself with Local Law 1 and to comply with its requirements. The
law imposes a number of property owner responsibilities, including:
- The law requires annual notifications by owners to all occupants as well
as to occupants upon lease-up, lease renewal, and agreement to lease or
commencement of occupancy inquiring if there are children under 7 years of
age residing in the unit. Owners must include a notice about owner
responsibilities under the law with each lease and must provide a pamphlet
informing occupants about lead. There is also a requirement that owners
physically inspect units whose occupants do not respond to determine if
there is a child under 7 residing in the unit.
- Owners must investigate units where children under 7 reside as well as
common areas in the property to find peeling paint, chewable surfaces,
deteriorated subsurfaces, and friction and impact surfaces. This
investigation must be conducted at least annually, or more often if the
owner knows about a condition that may cause a lead hazard, or the occupant
complains about such a condition.
- Remediation of lead hazards, using safe work practices and trained
workers.
- Making apartments lead safe on turnover.
- Using safe work practices for all repairs and renovations performed in a
unit where a child under seven resides and in the common areas of buildings
with such units.
A copy of the law is available below.
Effective Date Information:
The law is effective on August 2, 2004
Contractor Certification Requirements
All construction undertaken on or after August 2, 2004 for renovation work in
dwelling units where a child under seven resides and in the common areas of
buildings with such units must be done by trained workers.
Owner Information about Lead Violations
Local Law #1 also provides that any lead violations issued by HPD under the
former law are valid. If you are an owner of a building that has outstanding
lead violations, such violations are subject to correction only under the
standards set forth in Local Law #1.
Owner Information about Repairs and Renovations
Owners should also be aware that under the law, not only lead violations,
but also any repairs or renovations that are performed in dwelling units with
children under age 7 must be undertaken by trained workers and followed by
lead-contaminated dust clearance tests upon completion. Any such work performed
after August 2, 2004 is subject to the new requirements under Local Law #1. For
information on types of training and certified training providers, go to the Web
site of the US Environmental Protection Agency at
www.epa.gov/lead
Local Law 1 of 2004: Owners' Responsibilities
Funding Available to Owners to Treat Lead-based Paint Hazards
Lead Treatment Forms and Publications
Press Releases
Encapsulants
- HPD's rules permit the use of encapsulants that have been approved by
the New York State Department of Health.
EPA Certification
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