Local Law 1: NYC Annual Lead Paint Inspections and Compliance Steps

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New York City’s Local Law 1, also known as the Lead Poisoning Prevention Law, aims to safeguard children from the harmful effects of lead exposure in residential buildings. The law imposes strict requirements for landlords and property owners, ensuring that all lead-based paint hazards are identified and remediated in buildings built before 1960 (or between 1960 and 1978 if lead-based paint is known to be present).

The law applies to buildings where units are occupied by children under the age of 6 and rental properties covered by rent stabilization or rent control.

Key Provisions of Local Law 1

Annual Lead Paint Inspections: Landlords must conduct annual inspections to identify lead-based paint hazards in any unit where a child under 6 years of age resides.
Remediation and Repair: Any peeling paint, deteriorated surfaces, or lead dust must be repaired using safe work practices designed to prevent the spread of lead dust during repairs.
Documentation: Landlords are required to keep detailed records of their inspections, repairs, and tenant communications for at least 10 years. This documentation must be available to tenants and, upon request, to the Department of Housing Preservation and Development (HPD).

Steps to Ensure Compliance with Local Law 1

To comply with Local Law 1, landlords and property owners need to follow these essential steps:

1. Determine if the Law Applies to Your Building

The law applies to all residential buildings constructed before 1960 or between 1960 and 1978 if lead-based paint is known to be present.
It applies specifically to rental units occupied by children under 6 years old.
Owner-occupied buildings and those with only one or two units may be exempt.

2. Provide Tenant Notice and Obtain Responses

Every year, between January 1 and January 16, landlords must provide tenants with an Annual Notice form. This notice asks whether a child under the age of 6 lives in the apartment.
Tenants have until February 15 to respond. If tenants do not respond, landlords must inspect the unit and document the results.

3. Conduct Lead Paint Inspections

If tenants report a child under 6 years old, landlords must inspect the unit for peeling paint, water damage, or any other conditions that could disturb lead-based paint.
Inspections should also cover common areas and building exteriors.
Qualified inspectors must be used, such as those who are EPA-certified or lead-safe certified contractors.

4. Perform Repairs Safely

If any lead-based paint hazards are found, they must be addressed by a trained contractor using approved Lead-Safe Work Practices.
The use of HEPA-vacuuming, proper containment methods, and safe disposal procedures is critical to prevent the spread of lead dust.
Once the repairs are completed, a clearance test may be required to ensure no lead contamination remains.

5. Notify Tenants of the Repairs

Tenants must be notified about any lead-based paint hazard found and the steps being taken to fix it.
Provide tenants with educational materials regarding the dangers of lead exposure.

6. Maintain Records

Keep thorough documentation of:
- Annual inspections
- Repairs or remediation efforts
- Tenant responses to the annual notice
These records must be kept for at least 10 years and must be made available to the Department of Housing Preservation and Development (HPD) upon request.

7. Submit Lead-Based Paint Violations to HPD

If lead paint hazards are found and the landlord does not act promptly, HPD may issue violations.
HPD has the authority to inspect buildings and issue violations if they find evidence of non-compliance.

8. Fines and Penalties

Failure to comply with Local Law 1 can result in fines of up to $10,000.
Additional penalties may include civil and criminal actions if landlords fail to act on HPD violations.

9. Seek Help from Experts

If landlords are unsure about their responsibilities or the proper way to conduct inspections, they should seek the help of lead-certified inspectors, consultants, or property management companies.

Final Thoughts on Local Law 1

The goal of Local Law 1 is to protect the health and safety of young children by preventing lead poisoning, a serious condition that can cause long-term health problems. It’s critical for landlords and property owners to follow the law diligently, ensuring that they conduct regular inspections, use safe work practices for repairs, and maintain proper documentation.

By staying in compliance, landlords protect themselves from fines and penalties, but more importantly, they contribute to safer living environments for all New York City residents, particularly young children at risk of lead poisoning

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