There’s a number of new lead-based paint laws that go into effect starting in 2024. We’ve covered these in some previous posts, and HPD reviewed updates at RealFocus 2023. That said, here’s a basic guide on what you’ll need to keep track of, and helpful resources to get more information:

Background – Local Law 1

Local Law 1 is the major law requiring landlords to identify and remediate lead-based paint hazards where there is a young child. A huge number of requirements tie into Local Law 1, including safe work practices, specific worker requirements, and more. Since it was introduced in 2004, lead-based paint laws have expanded pretty significantly, with adjustments coming nearly every year. For a good overview and more background requirements, check out HPD’s main page on lead-based paint.

Per HPD, “Since 2004, most of Local Law 1 has applied to residential buildings with three or more units. Starting in February 2021, all of Local Law 1 of 2004 also applies to tenant-occupied, one- and two-unit buildings.”

Local Law 123 of 2023

Click here to view the full text of the law.

Record Production For Violations

Effective September 1, 2024, owners will have to provide annual notice and investigation records whenever lead-based paint hazard or turnover violations are issued. Owners will also have to provide XRF testing records for the same violations, starting in August 2025 (to coincide with the final due date for XRF tests in all units).

Another law – Local Law 122 of 2023 – would allow HPD to dismiss record-keeping violations as corrected if the owner submits one of the following:

• An appropriate request form for such violation with the required 10 consecutive years of records, including records for the year in which the dismissal request is submitted; OR
• The appropriate request form with documentation demonstrating that the owner has kept the required records for a period of at least 3 consecutive years, including such records for the year in which the owner is submitting the dismissal request
  • …and upon notification from HPD that the above is sufficient, a payment of $1,000 for each of the 10 years that the owner does not submit documentation

SiteCompli and InCheck users can automate mailings, response tracking, and action items, providing an end-to-end solution for mailings-related records. Reach out to support@sitecompli.com or your Customer Success Manager with more questions.

Friction Surfaces

In addition to record production requirements, Local Law 123 also covers requirements regarding friction surfaces (doors, doorframes, windows) effective September 2024:

• If a child under 6 resides in a unit with presumed lead-based paint (property built prior to 1960) on January 1, 2025, the owner must abate the lead-based paint on door and window friction surfaces, and remediate lead paint hazards, including making all floors smooth and cleanable, by July 2027; OR
• If a child under six comes to reside in a unit with presumed lead-based paint after January 1, 2025, the property owner must abate the lead-based paint on door and window friction surfaces, and remediate lead paint hazards, including making all floors smooth and cleanable within 3 years of the date that the child comes to reside there.

Remember, the definition of reside was updated to “lives, or routinely spends 10 or more hours per week in a unit.” That’s really important for understanding the first date from when the clock starts for three years, or even earlier if it’s before 1/1/25.

Local Law 111 of 2023

Click here to view the full text of the law.

XRF Testing

In addition to XRF testing in all units before August 9, 2025 (with earlier due dates for each unit depending on whether or not a child under 6 lives or routinely spends 10 or more hours per week in a unit), common areas must now also be XRF tested. This part of the law goes into effect in June 2024.

That same month, HPD will be required to “conduct visual inspection[s] of paint condition[s] in common area[s] observed in the inspector’s line of travel when the inspector is in the building to complete a complaint-based lead paint inspection in a dwelling unit.” Basically, if a resident calls 311 to report a lead-based paint complaint or potential violation, inspectors must now visually check common areas on their way to (and back) from the unit in question.

If you’re unfamiliar with what XRF testing is, check out our expert video series featuring NAJO Consulting. It covers all the basics you need to know about XRF test requirements, and then some.

Local Law 127 of 2023 – Audits

Click here to view the full text of the law.

Finally, HPD will now use turnover violations as a criterion for selecting buildings for audit. Additionally, HPD will consider the number of violations and data on the prevalence of elevated blood lead levels in certain geographic areas identified by the NYC Department of Health & Mental Hygiene (DOHMH). This goes into effect September 2024 to coincide with some of the above.

Resources

HPD releases a good amount of resources on keeping up with lead requirements:

• Their full page on lead-based paint can be found here
  • There’s a helpful section outlining requirements on turnover, which was a big focus in the above new rules
• A webinar recording reviewing an owner’s guide to compliance is linked here
• Visit HPD’s special briefing on the above changes here

Stay tuned for SiteCompli’s annual checklist coming soon, which will feature new dates for some of the above plus updated due dates for the biggest requirements facing owners and managers in 2024.