New York City requires landlords to test for and remediate lead paint hazards in apartments where a child under six years old lives. The requirement applies to buildings built before 1960, and to buildings built between 1960 and 1978 if the landlord has reason to believe lead paint is present.
What the law requires
Under Local Law 31 of 2019, landlords in pre-1960 buildings must conduct XRF (X-ray fluorescence) testing in every apartment and common area, whether or not a young child lives there. The testing must be done by an EPA-certified inspector and must be completed on a schedule set by the Department of Housing Preservation and Development.
Local Law 1 of 2004 requires landlords to conduct annual inspections of apartments where a child under six lives, and to address any peeling paint or other lead hazards found.
Under the annual duty to inquire, landlords must ask tenants every year whether a child under six years old lives in the apartment. This inquiry is required regardless of who currently occupies the unit.
The distinction matters:
- Local Law 1 applies to any pre-1978 building where a young child lives
- Local Law 31 added mandatory XRF testing across entire pre-1960 buildings, regardless of child occupancy
What counts as a lead hazard
Lead paint in good condition and intact is generally not considered an immediate hazard. The risk arises when paint deteriorates — peeling, chipping, chalking, or cracking — or when friction surfaces (window frames, doors) create lead dust.
HPD defines a lead hazard as any deteriorated lead-based paint, lead dust on floors or window sills above threshold levels, or bare soil with elevated lead content.
Your rights as a tenant
Tenants can request an HPD inspection by calling 311 if they believe lead hazards are present. HPD will inspect at no cost to you.
If your landlord fails to correct a lead hazard after receiving an HPD violation, you may be entitled to civil penalties and remediation at the landlord's expense.
A lead violation on HPD's records is public information and appears in Weverit building reports under the HPD Violations section.
What to do if you suspect lead paint
Contact 311 to request an HPD lead paint inspection. If a hazard is found, HPD will issue a violation with a specific deadline for the landlord to remediate.
Keep records of all written communication with your landlord about lead paint concerns.
Frequently Asked Questions
What does NYC's lead paint law require of landlords? Two laws work together. Under Local Law 31 of 2019, landlords in buildings built before 1960 must conduct XRF (X-ray fluorescence) testing in every apartment and common area — whether or not a young child lives there — using an EPA-certified inspector, on a schedule set by HPD. Under Local Law 1 of 2004, landlords must conduct annual inspections of any pre-1978 apartment where a child under six lives and address any peeling paint or other lead hazards found. Landlords also have an annual duty to inquire — they must ask every tenant each year whether a child under six lives in the unit, regardless of who currently occupies it. So the pre-1960 testing is building-wide, while the annual child-occupancy duty is unit-specific.
Which buildings are covered by the lead paint rules? It depends on the building's age. Local Law 31's mandatory XRF testing applies to buildings built before 1960, across the whole building regardless of child occupancy. Local Law 1's annual-inspection duty applies to any pre-1978 building where a child under six lives. Buildings built between 1960 and 1978 are covered if the landlord has reason to believe lead paint is present. The dividing lines matter because they determine which obligations your landlord actually has — a pre-1960 building faces building-wide testing, while a 1970s building's duties turn largely on whether a young child lives in the unit.
What counts as a lead paint hazard? Lead paint that's intact and in good condition is generally not considered an immediate hazard. The risk arises when paint deteriorates — peeling, chipping, chalking, or cracking — or when friction surfaces like window frames and doors grind it into lead dust. HPD specifically defines a lead hazard as any deteriorated lead-based paint, lead dust on floors or window sills above threshold levels, or bare soil with elevated lead content. That's why window areas and high-friction spots deserve the closest look: they're where an otherwise-stable paint job turns into airborne dust that a young child can ingest.
What can I do if I suspect lead paint in my apartment? Call 311 to request an HPD lead paint inspection — HPD inspects at no cost to you. If a hazard is found, HPD issues a violation with a specific deadline for the landlord to remediate, and if the landlord fails to correct it you may be entitled to civil penalties and remediation done at the landlord's expense. Keep records of all written communication with your landlord about lead concerns; that paper trail matters if it escalates. A lead violation on HPD's records is public information — it shows up in a building's HPD Violations record, so you can also check whether a building has a history before you rent.
