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The Lead Law

WHAT IS NEW YORK CITY'S LEAD LAW?

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. 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.

The following is a brief description of some important objectives of the law;

  • • Certified Lead Workers are required for all work on surfaces of 2 – 100 square feet in apartments and common areas of building where children under seven reside.
  • • Abatement Contractors are required when work exceeds 100 square feet per room in apartments with children. This includes routine apartment painting in most cases.
  • • No worker training required for work in apartments without children. Dry scraping and other unsafe work practices are prohibited in all cases.
  • • All lead-based paint hazards, including the mere presence of lead-based paint on friction and impact surfaces, must be remediated on turnover of an apartment.
  • • Dust clearance testing by an independent certified lead inspector or risk assessor is required after all work in apartments with children; work in common areas and work on turnover.
  • • New notices to tenants inquiring about children under seven are required with all vacancy and renewal leases, and annually.
  • • Owners have to inspect for children when tenants do not respond to the annual notice.
  • • Visual inspections for lead-based paint hazards are required at least annually for apartments with children under seven.
  • • Tenants must be relocated when work makes the apartment unsafe.
  • • Ten year record keeping requirements.