NYC’s Lead Laws: What Property Owners Need to Know About Lead-Based Paint Obligations Ahead of August 2025

New York City’s Childhood Lead Poisoning Prevention Act—commonly known as Local Law 1 of 2004—sets forth strict requirements for property owners to protect tenants from lead-based paint hazards. Under this law, any multiple dwelling built before 1960 is presumed to contain lead-based paint. As such, owners are obligated to inspect both individual units and common areas for potential hazards, especially where children under six years old live or spend 10 or more hours per week.

The New York City Department of Housing Preservation & Development (HPD) is responsible for enforcing the law and offers educational materials and online resources for both landlords and tenants.

Property Owner Responsibilities Under the Act Include:

• Sending an annual notice to tenants to determine whether a child under six resides or regularly spends time in the unit;
• Conducting annual inspections for lead-based paint hazards in applicable apartments, as well as inspections upon tenant turnover, and providing tenants with the results;
• Correcting any identified hazards using lead-safe work practices;
• Offering temporary relocation to tenants when remediation cannot be completed safely with occupants in the unit;
• Notifying the NYC Department of Health and Mental Hygiene when more than 100 square feet of lead-based paint will be disturbed in a single room or when two or more painted windows are to be replaced;
• Retaining records related to inspections, notices, and remediation for at least 10 years. (If audited by HPD, these records must be submitted within 45 days.

Recent Updates to Local Law: What’s Changing in 2024 and 2025

Several updates passed in 2023 impose new requirements on building owners. Some are already in effect, while others become enforceable in August 2025.

Local Law 111 of 2023

By August 9, 2025, owners must complete X-ray fluorescence (XRF) testing of all common areas. Results must be retained and provided to HPD upon request. (This supplements earlier Local Law 31 requirements mandating XRF testing of all units in pre-1960 buildings by the same deadline.)

Local Law 122 of 2023

Effective September 1, 2024, owners must provide annual notice and investigation records when lead-based paint hazards or turnover violations are issued. Beginning in August 2025, XRF testing records must also be submitted in such cases.

Local Law 123 of 2023

For units occupied by a child under six as of January 1, 2025, owners must, by July 2027, abate lead-based paint on window and door friction surfaces and address other lead hazards, including ensuring floors are smooth and cleanable. If a child under six moves in after January 1, 2025, the same remediation must be completed within three years of their move-in date.

Failure to comply with XRF testing requirements by the August 9, 2025 deadline may result in a Class “C” violation—an immediately hazardous condition—carrying civil penalties of up to $1,500. Additional penalties may apply for inadequate recordkeeping or failure to conduct required inspections.

Applying for Exemptions

HPD encourages property owners to apply for an Exemption if units and common areas test negative for lead or if all lead-based paint surfaces have been properly abated. An approved Exemption removes the legal presumption of lead-based paint and significantly reduces the owner’s future obligations under the Act. To qualify, XRF testing must be conducted by an EPA-certified lead inspector or risk assessor.

How Chartwell Can Help

Chartwell attorneys have extensive experience representing property owners in lead-exposure litigation and regulatory compliance matters. Our team can help you understand and meet your obligations under New York City’s evolving lead laws, including guiding you through XRF testing protocols, turnover requirements, and the exemption application process. If you have questions about your responsibilities or need legal support in navigating HPD audits or enforcement actions, Chartwell is here to assist.