XRF Lead Paint Testing: Requirements and Compliance

How do I get lead-based paint testing done?

• XRF machine
• Search for "lead certified contractors”

What do I need to do if there is lead?

• Immediate action; If there is lead-paint that is peeling in an apartment with a child under six
• Non-urgent response; If there is lead on a painted surface that is not peeling or there is no child under six that routinely spends more than 10 hours a week in the apartment

How do I show proof I tested my building?

• Testing records provided by your contractor for 10 years
• Testing MUST be completed in all units and common areas by August 9th, 2025

What is the penalty if I don't complete the testing in time?

• Failure to comply may result in a Class "C" immediately hazardous violation, making you liable for civil penalties up to a maximum of $1500

Understanding Lead and Its Dangers

• Lead is a harmful metal that can poison people, especially children, when it is ingested
• When old paint is damaged, wet, or scraped, it turns into dust or chips that children may ingest if they touch it

Who Needs to Comply

• Property owners of buildings built before 1960 (or built between January 1, 1960, and January 1,1978, if the owner knows there is lead-based paint) must assume the paint is lead-based
  • Exception: Buildings where tests show paint contains less than 0.5 mg/cm² of lead, meaning it's not considered lead-based under the law

If there is lead-based paint or the paint has not been tested, the property owner must:

1. Monitor painted surfaces and repair the paint properly if it is peeling in apartments with children under six or in common areas of the building.
2. Remove lead-based paint from doors and windows when apartments become vacant.
3. Test all painted surfaces by 2025 so that they know where the lead-based paint is located
4. Maintain records related to all of the above activities for at least 10 years

Penalties

• Significant for failing to conduct any of the above activities or keeping records about that compliance

What Are Lead-Based Paint Hazards?

• Dust from paint, including dust created when doors and windows stick or rub together
• Peeling or damaged paint
• Painted surfaces, such as windowsills, that have been chewed on by children

2024 and 2025 Changes to the Law:

Owners will be required to:

• Local Law 122 of 2023
  • Provide annual notice and investigation records; effective on September 1, 2024
  • Provide XRF testing records; beginning August 2025
• Local Law 111 of 2023
  • Conduct XRF testing of common areas by August 2025
• Local Law 123 of 2023
  • If a child under six lives in a unit with lead paint built before 1960, the owner must abate lead paint on door/window surfaces and remediate hazards by July 2027.
  • If a child under six moves into a unit with lead paint after January 1, 2025, the owner must abate lead paint and remediate hazards within three years

HDP is required to:

• Local Law 111 of 2023
  • Inspect paint conditions in common areas during complaint-based lead paint inspections, effective June 2024
• Local Law 127 of 2023
  • Add turnover requirement violations and blood lead level data as criteria for audit selection, effective September 2024.
• Local Law 122 of 2023
  • Dismiss a record-keeping violation if the owner submits a request form with 10 years of records, or 3 years of records plus a $1,000 payment for each missing year, effective September 2024