The City's Lead Paint Hazard Reduction Law Went into Effect on August 2, 2004
Local Law 1 of 2004 ("Local Law 1") is a comprehensive law concerning the prevention of childhood lead poisoning through the remediation of lead paint hazards in housing and day care facilities. This legislation repeals the former lead law, Local Law #38 of 1999.
Multiple Dwellings Covered Under the Law
The law covers all pre-1960 multiple dwellings. The law also places certain responsibilities on owners in post-1960 to pre-1978 buildings where the owner knows there is lead based paint. Owners whose buildings fall into this category should consult the law. The provisions of Local Law 1 do not apply where title to a multiple dwelling unit is held by a cooperative or condominium and the shareholder of record or his or her family occupies the unit. The law does however apply to cooperative or condominium units occupied by a tenant or subtenant.
Owner Responsibilities under Local Law 1
As an owner of property located in New York City, it is your responsibility to familiarize yourself with Local Law 1 and to comply with its requirements. The law imposes a number of property owner responsibilities, including:
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The law requires annual notifications by owners to all occupants as well as to occupants upon lease-up, lease renewal, and agreement to lease or commencement of occupancy inquiring if there are children under 6 years of age residing in the unit. Owners must include a notice about owner responsibilities under the law with each lease and must provide a pamphlet informing occupants about lead. There is also a requirement that owners physically inspect units whose occupants do not respond to determine if there is a child under 6 residing in the unit.
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Owners must investigate units where children under 6 reside as well as common areas in the property to find peeling paint, chewable surfaces, deteriorated subsurfaces, and friction and impact surfaces. This investigation must be conducted at least annually, or more often if the owner knows about a condition that may cause a lead hazard, or the occupant complains about such a condition.
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Remediation of lead hazards, using safe work practices and trained workers.
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Making apartments lead safe on turnover.
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Using safe work practices for all repairs and renovations performed in a unit where a child under six resides and in the common areas of buildings with such units.
A copy of the law is available below.
Effective Date Information:
The law is effective on August 2, 2004
Contractor Certification Requirements
All construction undertaken on or after August 2, 2004 for renovation work in dwelling units where a child under six resides and in the common areas of buildings with such units must be done by trained workers.
Owner Information about Lead Violations
Local Law #1 also provides that any lead violations issued by HPD under the former law are valid. If you are an owner of a building that has outstanding lead violations, such violations are subject to correction only under the standards set forth in Local Law #1.
Owner Information about Repairs and Renovations
Owners should also be aware that under the law, not only lead violations, but also any repairs or renovations that are performed in dwelling units with children under age 6 must be undertaken by trained workers and followed by lead-contaminated dust clearance tests upon completion. Any such work performed after August 2, 2004 is subject to the new requirements under Local Law #1. For information on types of training and certified training providers, go to the Web site of the US Environmental Protection Agency at www.epa.gov/lead
Local Law 1 of 2004: Owners' Responsibilities
Funding Available to Owners to Treat Lead-based Paint Hazards
Local Law 1 of 2004: Tenant Information
Lead Treatment Forms and Publications
Press Releases
Encapsulants
EPA Certification
