What is Local Law 31?
Local Law 31 is a New York City regulation requiring all rental dwelling units in buildings built before 1960 to be tested for lead-based paint by August 9, 2025. It also applies to some buildings constructed between 1960 and 1978. The goal is to reduce health risks, especially for young children, by identifying and remediating lead hazards.
Who is required to comply with Local Law 31?
Owners and property managers of:
• Residential buildings constructed before 1960 that have rental dwelling units
• Tenant-occupied one- and two-unit buildings (as of 2021)
• Buildings from 1960–1978, if lead paint is known or presumed
What type of testing is required?
You must conduct X-ray Fluorescence (XRF) testing using an EPA-certified and independent lead inspector. Testing must be done on:
• All rental dwelling units
• Common areas
When is the deadline for testing?
All applicable buildings must be tested by August 9, 2025, or within one year of a child under 6 residing in the unit—whichever comes first.
What if children under six live or spend time in the building?
Additional actions are required:
• Annual inspections in units with children under six
• Testing in units where children spend 10+ hours/week, even if they don’t live there
• Abatement of window and door friction surfaces by July 2027
• Floors must be made smooth and cleanable
Have the lead paint standards changed?
Yes. As of December 1, 2021, the definition of lead-based paint was lowered from 1.0 mg/cm² to 0.5 mg/cm².
What happens if lead paint is found?
• You must take corrective action (removal, encapsulation, or other approved methods)
• All work must follow lead-safe work practices
• Notify tenants about the presence and health risks of lead paint
Are there penalties for non-compliance?
Yes.
Penalties have increased to $2,000 per violation per day. HPD may also issue violations that come with additional fines and legal action.
Can I apply for an exemption?
Yes. If:
• Your property tests negative for lead
• You’ve already abated all lead surfaces and units have been tested
You can apply for an exemption from HPD. Doing this early may help reduce your compliance burden later.
What are my responsibilities during tenant turnover and leasing?
• Ask whether children under six will reside in the unit
• Provide occupancy notices about lead hazards
• Ensure required testing and remediation are complete before new tenants move in
What are the annual tenant notification requirements?
Each year, between January 1 and 16, you must:
• Distribute annual notices in English and Spanish
• Investigate by March 1 if tenants don’t respond by February 15
What records do I need to keep?
• Copies of XRF test results
• Documentation of remediation or abatement work
• Notices distributed and tenant responses
• All records must be available upon request by HPD
Why act now?
• Certified inspectors are in high demand as the deadline has already passed
• Delays can lead to increased costs, limited availability, and rushed decisions
• Early action ensures better planning, tenant safety, and regulatory compliance
