Landlords & Owners
Lead-paint compliance basics
Lead paint is still in many older New York City buildings, and young children are the most at risk from lead dust. The City’s lead law, Local Law 1, gives owners of older buildings specific yearly and turnover duties. These are among the questions owners bring to Mena Realty most often, so this guide puts the main rules in one place.
General information, not legal advice. Check HPD’s official lead-paint pages, linked at the end, for the current rules.
Does the law apply to your building?
- Buildings with three or more apartments built before 1960.
- Buildings with three or more apartments built 1960 to 1978, if the owner knows there is lead paint.
- One- and two-family homes built before 1960 where the apartment is rented.
- Co-op and condo units built before 1960 that are not lived in by the owner or the owner’s family.
Most of the duties apply to apartments where a child under 6 lives or routinely spends 10 or more hours a week, and to the building’s common areas. Paint is presumed to contain lead unless testing shows it does not.
Your yearly duties
| When | What to do |
|---|---|
| Every January | Send each tenant the annual lead-paint notice asking whether a child under 6 lives in or regularly visits the apartment. Tenants should return it by mid-February. |
| If a notice is not returned | Follow up and, if needed, inspect the apartment to find out whether a young child lives there. |
| At least once a year | Inspect apartments where a child under 6 lives, and the common areas, for peeling paint and other lead hazards. |
| When hazards are found | Repair them using EPA-certified firms and safe work practices, then have a dust wipe clearance test done. |
| Always | Keep records of notices, inspections, repairs and clearance tests for at least 10 years. |
When an apartment turns over
- When an apartment becomes vacant, or a child under 6 moves in, remove lead paint from doors and windows and fix other lead hazards before the new tenant moves in.
- Certify the turnover work on the lead-paint lease notice that goes with the new lease. The notice is also required at lease renewal.
- For any home built before 1978, federal law also requires a lead-based paint disclosure and the EPA pamphlet Protect Your Family From Lead in Your Home with the lease.
What happens if the rules are missed
- HPD can issue Class C lead-paint violations, which must be corrected within 21 days and cannot be certified online.
- HPD can audit your records and order you to produce them. Missing records can lead to penalties.
- If an owner does not act, HPD can do the repairs itself and bill the property through the Department of Finance.
Mena Realty can help you set up a simple yearly calendar for the January notice, inspections and records, and coordinate with certified contractors when work is needed. See also our guides to HPD violations and building compliance.
How Mena Realty helps
Mena Realty Homes Corp. has worked with property owners in the Bronx, Yonkers and across New York City since 2001.
- We make sure the required lead-paint notices and EPA pamphlet go with the lease for covered apartments we rent.
- We help you keep track of the January notice, the yearly inspection and turnover work, with the records in one place.
- We help you review and clear lead-paint violations on your building’s HPD record.
Need help with your building?
Tell us what you need and the Mena Realty management team will contact you.
Common questions
Can my building be exempt?
Yes, if an EPA-certified lead inspector tests the paint and finds it below the legal limit, you can apply to HPD for an exemption for an apartment or the whole building.
Do I need a certified contractor for small repairs?
Work that disturbs lead paint, or paint that has not been tested, must follow safe work practices. When more than two square feet is disturbed in an apartment where a child under 6 lives, or in a common area, keep proof that safe work practices were used. Ask your contractor about EPA certification before work starts.
What if my tenant will not let me in to inspect?
Tenants must give access for the yearly inspection and repairs. Keep written records of every attempt to schedule access.
Official sources
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