What is NYC Local Law 31 XRF lead paint testing requirments?
In 2020 NYC passed local law 31 that requires multifamily building owners to perform XRF lead paint testing. NYC Local Law 31, effective August 9, 2020, mandates that building owners XRF test ALL target housing by August 2025..
Target Housing –
Target housing consists of buildings constructed before 1960, and if the building was constructed between 1960 and 1978 and you know lead-based paint is present, XRF lead tests are mandatory.
Requirements for Multifamily Rental Buildings Built Before 1960
If you own a multifamily rental building built before 1960, NYC Local Law 31 requires you to:
- XRF Lead paint test all housing with children under the age of 6 within 1 year of knowledge child resides in the apartment – REMINDER – child residing now means any unit in which a child spends 10 or more hours per week in the unit.
- XRF lead paint test all units including child and NON-child occupied units in target housing by August 2025.
Impact of NYC Local Law 31 on Lead Paint Conditions
NYC Local Law 31 introduced several changes:
- The passing XRF Lead Test standard decreased to 0.5 mg/cm² from 1.0 mg/cm².
- Lower thresholds for lead found in dust and blood.
- Children under six must live in the unit for at least 10 hours to be considered “residing.”
- Prior XRF Lead Tests inspections at levels of 1.0mg/cm2 are invalid when a tenant’s lease ends.
- Building owners must keep detailed records and test results for 10 years.
- Certified inspection companies must perform all XRF lead tests.
Lead Exemptions under NYC Local Law 31
If your unit tests within permisable limits Building owners of properties built before 1960 can apply for a lead exemption. This allows you to avoid annual inspections and annual notice requirements under LL31.
For a lead-free exemption, your XRF lead test must show no reading at or above 0.5mg/cm2 on any surface.
Lead Paint Violations and Compliance
If the NYC Department of Housing Preservation and Development identifies a violation, you must fix the lead hazards within a specified period using certified EPA remediation firms, OWNERS CAN NOT remediate lead paint violations on their own.
Lead in Dust Standards
Since June 2020, new lead in dust standards require all dust wipe testing to comply with federal regulations. If an area fails a dust wipe test, retesting is mandatory. All dust wipe testing documents, including lab analysis, clearance test, chain of custody form, inspector certificate, and firm EPA certificate,
Tenant Information on Lead Poisoning
Tenants have rights and responsibilities to ensure their family’s safety from lead exposure. Property owners must fix any lead hazards if a child under six lives in the unit, including chipped, cracked, or peeling paint. If property owners fail to address these hazards, tenants can contact 311 for assistance. Tenants may also be eligible for a free home assessment if certain conditions are met. Property owners must use safe practices and trained professionals for lead hazard repairs.
Final Thoughts
At Complinyc, we understand that complying with NYC Local Law 31 can be challenging. Our professionals are here to help you understand your obligations and ensure that your property is in full compliance.
To learn more visit HPD – https://www.nyc.gov/site/hpd/services-and-information/lead-based-paint.page
