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Lead Inspector's Notebook Local Law 122 Local Law 123 New York City Local Law 31

New York City’s Local Law 31 & Lead Testing Laws: A Simplified Guide for Property Owners

Local Law 31: What You Need To Knowlocal law 31

Lead paint poses significant health risks, especially to young children. Recognizing this, New York City has enacted stringent laws, complete with hefty fines for non-compliance. For owners of multifamily properties, it’s crucial to prioritize lead testing and remediation, especially in light of recent regulatory updates. To help you navigate these complex requirements, we have prepared a concise guide which outlines complex legislation into key actions and critical deadlines. This guide is tailored to ensure you remain compliant and safeguard the health of your tenants.

NYC lead lawImmediate Actions for Testing with Children Involved

Children Under the Age of Six: Dwellings with children under six must be inspected within one year of their residency under Local Law 31. Additionally, units in buildings constructed before 1960 that host children for over 10 hours weekly require testing, regardless of residency status.

Local law 122Deadlines to Note

Local Law 31 and Local Law 122 – Lead Testing Requirements

  • By August 2025, all pre-1960 buildings must undergo comprehensive X-ray Fluorescence (XRF) testing for lead paint in dwelling units and common areas by an EPA-certified lead inspector.
  • Annual Reporting: Beginning August 2025, you’ll need to provide records of any lead hazard violations and investigations to the Department of Housing Preservation and Development (HPD) upon request. The threshold for defining lead-based paint has also been lowered to 0.5 mg/cm², from the previous 1.0 mg/cm², as of December 1, 2021.
  • Exemption: HPD encourages owners to apply for an exemption for spaces that test negative or have had lead-based paint surfaces abated.

NYC lead lawFuture Responsibilities

Local Law 123 – Lead Paint Abatement

For units suspected of containing lead paint and housing a child under six:

  • By July 2027, door and window friction surfaces must be abated. Lead paint hazards must be remediated, including making all floors smooth and cleanable.
  • Post-January 1, 2025: Units that are newly occupied by children under six after this date must meet the above mentioned abatement and remediation requirements within three years of move-in.

Tenant Communication

  • Annual Notices: Each year, between January 1 and 16, tenants must be provided with annual notifications in both English and Spanish regarding lead paint hazards. Failure to receive a response from tenants by February 15, necessitates a follow-up investigation by owner between February 16 and March 1 to confirm the required information.
  • Leasing Requirements: Inquire about the presence of children under six during the time of leasing or renewal; certify the completion of required lead-related work; and provide the appropriate occupancy notice regarding lead-based paint hazards.

Compliance and Penalties

Non-compliance with these regulations can result in significant penalties. Be sure to keep thorough records of all compliance activities. Resources are available to assist you, including sample forms for annual notice delivery, investigation compliance, and more.

Navigating New York City’s lead laws is vital for property owners, not just for legal compliance, but for the health and safety of tenants. By adhering to these guidelines, conducting necessary testing and remediation, and communicating effectively with tenants, property owners can create safer living environments and avoid potential penalties. Stay informed and proactive to protect your investment.

If you need lead testing contact RTK Environmental at 800.392.6468.

For your convenience, here are links to key documents:

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Healthy Home Lead

Lead Hazards in the Home: It Ain’t Just Paint

Lead Hazards in the Home: It Ain’t Just Paint

Lead-based paint is the main reason why 500,000 children are still being poisoned by lead annually. The only way to really protect your children from lead poisoning is to have your home tested by a professional environmental testing firm.

The most common source of lead poisoning is lead-based paint, which is still found in most homes built before 1978, the year lead paint was banned. Any renovation or simple wear-and-tear of the paint around windows and doors and on stair treads disturbs the paint, sending lead dust flying through the air.

But other sources of lead abound in the home:

Older plumbing fixtures

Faucets, lead pipes, and pipes connected with lead solder, in addition to well pumps made with brass or bronze parts that contain lead, can contaminate drinking water. Lead can leach into water at any temperature, but the amount is much greater when the water is warm or hot.

Lead-glazed ceramic ware, pottery and leaded crystal can contaminate food and liquids stored in them, especially for long periods of time.

Artificial turf

The Centers for Disease Control and Protection reports that recent tests by the New Jersey Department of Health and Senior Services revealed that artificial turf playing fields contain potentially unhealthy levels of lead dust. Artificial turf made of nylon or nylon/polyethylene blend fibers contain potentially dangerous levels of lead. Artificial turf made with only polyethylene fibers contain low levels of lead. This information is important if you have an outdoor carpet made of artificial turf or plan on buying one.

It is also important to keep in mind that even low levels of lead can poison children, pregnant women and their unborn babies, and pets.

Hobbies

Pottery making, working with stained glass, or refinishing furniture can expose you to lead hazards. Try not to work on these hobbies when children are present or if you are pregnant.

Folk medicine

Lead has been found in some traditional folk medicines used by East Indian, Indian, Middle Eastern, West Asian and Hispanic cultures. Lead is added to these remedies to treat certain ailments, including arthritis, infertility, upset stomach, menstrual cramps and colic. For example, greta and azarcon (also known as alarcon, coral, luiga, maria luisa or ruedo) are traditional Hispanic remedies used to treat upset stomach, constipation, diarrhea, vomiting, and used on the gums of teething babies. Both are fine orange powders that have a lead content as high as 90 percent.

To schedule a home lead test, click here.

 

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Lead

Toxic Tannenbaum

Many people buy artificial Christmas trees to avoid the mess of dropped needles spread throughout their homes. Unfortunately, that pristine artificial tree could be spreading something you can’t see: toxic lead dust.