What Is NYC Local Law 1?
New York City Local Law 1 of 2004, officially the Childhood Lead Poisoning Prevention Act, places proactive responsibility on landlords in older NYC buildings to identify and remediate lead paint hazards before children are harmed. It applies to multiple-dwelling residential buildings built before 1960 where a child under six resides or is expected to reside, enforced by the NYC Department of Housing Preservation and Development.
Who Does Local Law 1 Apply To?
Local Law 1 applies to owners of multiple dwellings of three or more residential units built before 1960, and to multiple dwellings built 1960-1978 if the owner has actual knowledge of lead paint. Requirements activate when a child under 6 lives in or will live in any applicable unit.
Landlord Obligations Under Local Law 1
Annual Unit Investigations
Landlords must conduct annual investigations of every applicable unit to determine whether a child under 6 resides there, typically through an annual tenant notice. If a child is present, a visual inspection of paint conditions is required.
Visual Inspection and Hazard Identification
When a child under 6 is identified, the landlord must inspect for deteriorated paint and friction or impact surfaces with lead paint including windows, doors, walls, ceilings, and baseboards.
Remediation of Identified Hazards
If hazards are identified, the landlord must remediate using safe work practices. This is not simply painting over the problem. For friction and impact surfaces, safe removal or encapsulation by a certified contractor is required.
Notice Requirements
Landlords must provide tenants with the pamphlet Protect Your Family from Lead in Your Home before signing a lease and notify tenants in writing of any lead hazards found and planned remediation work.
Record Keeping
Landlords must maintain records of investigations, inspections, remediation, and clearance testing for at least 10 years, available to HPD inspectors on demand.
Tenant Rights Under Local Law 1
- Right to receive the lead paint pamphlet before signing any lease in a covered building
- Right to disclose known lead hazards and have them addressed within a reasonable timeframe
- Right to HPD inspection by filing a complaint at 311
- Right to withhold rent in certain circumstances if hazards are not addressed after proper notice, though tenants should consult an attorney first
- Right to relocation assistance in certain cases when remediation requires temporary displacement
What Happens When HPD Finds Violations
HPD issues a Notice of Violation requiring correction within 21 days for Class C violations. Failure to correct can result in emergency repair orders where HPD hires contractors and bills the landlord, civil penalties of $250 to $1,500 per violation, enhanced penalties for repeat violations, and liens against the property.
What Remediation Must Include
All lead paint remediation in NYC rental properties must use safe work practices: containment of work areas, HEPA vacuuming and wet cleaning, proper disposal as hazardous waste, post-remediation clearance testing, and documentation provided to the tenant and retained for 10 years.
FAQ
What buildings does NYC Local Law 1 apply to?
Multiple dwellings of three or more units built before 1960, and buildings built 1960-1978 where the owner has knowledge of lead paint, when a child under 6 lives in the building. Single-family and two-family homes are not covered.
What must a NYC landlord do if lead paint is found?
Remediate identified hazards using safe work practices, notify the tenant, and conduct clearance testing. Records must be kept for 10 years. Failure to remediate after HPD issues a violation can result in emergency repair orders and civil penalties.
Can a NYC tenant withhold rent because of lead paint?
Tenants have certain rights to withhold rent when landlords fail to address hazardous conditions, but the legal requirements are complex. Tenants should consult a housing attorney or contact NYC Legal Aid before withholding rent. Filing a complaint with HPD at 311 is the standard first step.
Upper Restoration: Lead Paint Remediation for NYC Landlords
Upper Restoration provides certified lead paint remediation services that meet Local Law 1 and HPD requirements. We coordinate inspection, safe work practices, clearance testing, and documentation for building owners and property managers across NYC. Contact us to discuss a compliance assessment.
