NYC Inspection

Understanding NYC’s Residential Lead-Based Paint Laws

NYC’s Local Law 31 requires impacted landlords to have an X-Ray Fluorescence (XRF) lead inspection conducted by an EPA-certified inspector to test for the presence of lead-based paint in multiple dwelling residential buildings.

Local Law 31 applies to buildings erected prior to 1960 and post 1960, pre-1978 dwellings where the owner has actual knowledge of lead-based paint. Local Law 29 of 2020 expanded the scope of property owners affected by the new regulations to include smaller landlords, including one and two-family house rentals except for units occupied by the owners’ family.

Impacted property owners in NYC must have all dwelling units inspected for lead paint by August 9, 2025, by EPA-certified inspectors utilizing X-Ray Fluorescence (XRF) testing. Apartments where a child aged 6 or under resides should have already been inspected. Records of the inspection must be retained and submitted to the NYC Department of Housing Preservation and Development (HPD) beginning in August 2025.

View The NYC Local Law 31 Compliance Guide

NYC Local Law 31 Compliance Made Simple! | Lead-Based Paint Inspections

Is your NYC building compliant with Local Law 31? This 1-minute animated explainer breaks down what property owners need to know about EPA-certified lead-based paint inspections and XRF testing—before the August 9, 2025, deadline!

LEW Environmental Services offers EPA-certified lead testing with approved XRF instruments coupled with the state-of-the-art reporting technology

With over 35 years of industry excellence in lead-based paint regulations and lead hazards, our experts at LEW Environmental Services are here to help you navigate the complex NYC lead-based paint laws, commonly referred to as Local Law 1 and all of Local Law 1 recent amendments.  

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Check Out Our FAQ’s Below to Learn More About NYC Lead Paint


> What is Local Law 122?

Beginning September 1, 2024, owners must now submit annual notice and investigation records to HPD within 45 days whenever a lead-based paint hazard or turnover violation is issued. These records must cover the prior year’s notices and investigations. Starting in August 2025, owners must also submit records of XRF lead paint testing completed before 2025 as required by Local Law 31 (for dwelling units) and Local Law 111 (for common areas).

If a violation is issued for failing to maintain required documentation such as keeping annual notices and investigation records for 10 years, owners can request dismissal by submitting documentation for at least three consecutive years and paying $1,000 for each missing year of the 10-year period.

By partnering with LEW Environmental, all of your records and disclosures are kept at your fingertips and can be easily downloaded or viewed 24/7.


> How Do I Get an Exemption?

There are two types of exemptions that NYC landlords can currently apply for:

  • Lead Free exemptions are available to pre-1960 buildings with proof their building is lead-free via XRF testing by an EPA certified firm, or to those buildings that have since permanently eliminated the source of the lead through an EPA-certified abatement firm.
  • Lead Safe exemptions require that all lead be safely contained or encapsulated using approved EPA approved methods such as repainting surfaces or covering the area with sheetrock. Ongoing monitoring and upkeep of the contained or encapsulated surfaces are required to maintain this exemption status, along with risk assessments from an EPA-certified inspector every two years.

Exemptions granted to buildings that fall under the old 1.0 mg/cm2 threshold remain in effect until the tenant vacates or if a new violation occurs.


> Why Does It Matter That a Child Under 6 Lives in My Building?

It’s important to note that, while building owners have until August 9, 2025 to have XRF inspections performed, if a child under the age of 6 resides in a unit, owners must have the XRF inspection performed within a year (by August 9, 2021).

XRF testing requirements apply to properties in which a child visits and spends time in regularly, even if they don’t live there.


> How Long Do I Have to Remediate Lead Hazards?

Local Law 123 sets new rules for property owners regarding lead cleanup when a new tenant moves in or if a child under six years old lives in a home presumed to have lead-based paint. These requirements include fixing all lead paint hazards, ensuring floors and windows are smooth and easy to clean, and removing or addressing lead paint on surfaces that rub together, known as high friction areas such as doors and windows.

The deadline for remediation work depends on the presence of a child under six years of age in the unit. If a child lives in the unit as of January 1, 2025, the work must be completed by July 2027. If a child moves into the unit after January 1, 2025, the work should be performed within three years from that date.

Failure to properly remediate may result in an immediate hazardous violation or a civil penalty of up to $1500 based on an audit or record submission request from HPD.


> Do I Need an XRF Inspection?

Effective August 9, 2020 NYC Local Law 31 requires that lead testing be conducted by x-ray fluorescence (XRF). XRF technology allows for a greater degree of accuracy in lead paint inspections and is intended to identify where lead-based paint may exist, even if the paint is not chipping.

LEW Environmental Services prides itself on using the latest technology like X-ray fluorescence for lead-based paint testing.


> What Is Local Law 66?

Local Law 66, passed in 2021, lowered the threshold for defining lead-based paint from 1.0 mg/cm2 to 0.5 mg/cm2.

The Department of Housing Preservation and Development (HPD) has confirmed that XRF lead inspections performed prior to December 1, 2021, may still use the old 1.0 mg/cm2 threshold and will NOT need to be re-tested for Local Law 31 compliance, until such time as unit turnover then units must be retested at the new lower lead paint definition 0.5mg/cm2.


> Are There Exemptions?

Buildings constructed before January 1, 1960 require XRF testing of all units and common areas by August 2025. If testing confirms an apartment or common area is free of lead-based paint, the owner can file for an exemption with HPD. If lead-based paint is present, owners may permanently remove or encapsulate it before applying for an exemption. HPD grants exemptions only for units tested with an XRF machine that has an approved Performance Characteristic Sheet (PCS) at an action level of 0.05 mg/cm2.