As the testing deadline for Local Laws 31 and 111 approaches (August 9, 2025!), HPD has proposed new rules for XRF violation challenges. Specifically, HPD wants to outline the process for contesting violations issued from the results of an XRF test.
Here’s what’s in the proposed rules, and what you can expect later this year.
XRF Test Reminders
Local Law 31 outlined the requirement for most residential units (not occupied by the owner/owner’s family) to undergo an XRF test, either:
- Within a year of knowledge of a child residing in the unit (meaning spending 10+ hours/week routinely); or
- By August 9, 2025
That includes vacant units, and condos or co-ops being rented out/occupied by parties other than the owner or owner’s family.
Soon after, Local Law 111 was passed to include common spaces in testing requirements. That includes common areas in condo and co-op buildings.
Tests don’t have to be submitted en masse to HPD. That said, records of tests and any follow-up work must be kept for 10 years, and provided to the Department upon request.
HPD issued a helpful FAQ for Local Law 31 earlier this year – you can read it here. For a refresher on what’s required, and how you can manage XRF records and follow-ups, check out our blog post here. You can also get a good overview of the law from our expert interview with NAJO Consulting.
XRF Challenge Process
The recently proposed rules focus on the process for challenging (contesting) XRF-induced violations.
Generally, to contest an XRF violation, owners/managing agents must provide the results from a separate laboratory analysis of a paint sample from the same surface. Owners will be able to request a dismissal of the violation based on the results of that test. This can be done no later than the correction date in the violation – please note that the correct by date is separate from and earlier than the certification due date.
Documents must also include:
- Sworn statement from person who performed paint chip sampling
- A copy of their certification as an LBP/risk assessor
- Copy of the inspection report
- Laboratory analysis
This process can be completed via paper submission or online in a yet-to-be-created portal.
Next Steps
HPD will host a public hearing on the rule on September 9th, one month after tests are due. You can provide comments in advance or plan to attend here.
If passed, the rule would go into effect on December 1, 2025. Stay tuned for any changes after the comment period, and for additional lead-related updates.
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