HPD Proposes New Definitions For Lead-Based Paint

Following Local Law 66 of 2019, HPD is proposing new definitions for lead-based paint standards.

Per the law, HPD is modifying its lead paint rules to match HUD’s approval of a “a PCS which provides for use of an x-ray fluorescence analyzer (Viken Detection Model Pb200i) to test for lead paint at the level of 0.5 milligrams of lead per square centimeter.” The definition of lead-based paint will be at the level of 0.5 milligrams of lead per square centimeter. The presumption of lead paint will be based on this new definition.

Additionally, the proposed rules state that owners would be permitted to submit “exemption applications using the current lead paint definition until March 1, 2022, as long as the testing for such exemption application was performed prior to December 1, 2021, which is the effective date of the new lead paint definition.” The proposed rule also states that exemptions granted using the older definition (1.0 milligrams of lead per square centimeter or greater) shall be “deemed revoked upon the turnover of a dwelling unit after December 1, 2021.”

This proposed rule wouldn’t take effect until December 1, 2021. Still, it’s important to stay on top of new and changing lead-based paint regulations this year – especially as August 2021 nears (the 1-year anniversary of the Local Law 31 XRF test requirement).

That said, proposed laws are just that – they’re not in place yet, but likely will be soon. If you’d like to comment on the proposed rule (full text here), you can do so before July 29, 2021:

  • Email: rules@hpd.nyc.gov
  • Fax: 1 (212) 863-7010
  • Mail: Deputy Commissioner AnnMarie Santiago, Department of Housing Preservation and Development Room/Floor: Room 601 ; New York, New York 10038

You can also attend the hearing on July 29th via the virtual link, posted here.

Additional Proposed & Recently Adopted Rules

Here’s a round-up of some other recently proposed or adopted rules from various city agencies:

DOHMH Lead Paint Inspections

While the comment period ended May 21, 2021, the DOHMH proposed rules regarding orders to abate lead-based paint, extend hazard standards, and other clarifications around lead-based paint inspections and enforcement. Stay tuned here – we’ll let you know if and when these rules go into effect, and how that’ll impact your portfolio.

SCRIE and DRIE Adjustments

Click here to see the newly adopted DOF rule (effective 6.13.21) outlining program criteria, the application process, and more.

New Retaining Wall Inspector Requirements

Click here to read more about updated QRWI (Qualified Retaining Wall Inspector) requirements. And check out our March compliance preview webinar for 2021, where Adam Batista from Prise predicted retaining walls as an issue to watch this year, and moving forward.

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About the Author

Kristen Hariton

Kristen Hariton is the Vice President, Product Engagement at SiteCompli, focused on exploring new solutions and innovations in property operations tech. When she's not sharing the latest industry trends, changes, and updates, she's planning her next adventure to Walt Disney World.