Landlords, Get Ahead of Lead: LL31/Lead Paint Testing FAQs
- Caroline Grogan
- 4 days ago
- 4 min read
Updated: 2 days ago
As a building owner, you’re likely familiar with NYC’s lead-based paint laws, which require all multiple dwellings to be inspected by August 9th.
While the inspection process itself is fairly straightforward, you may have questions about your responsibilities as an owner.
We’ve compiled below the most common questions, answered by Maypole’s lead experts.
Paint Testing Requirement
Q: What is the lead paint testing requirement? Is it the same thing as Local Law 31?
A: Yes, Local Law 31 of 2020 requires XRF testing at the 0.5 action level for all painted surfaces in all applicable units [^1]. The deadline for this testing requirement is August 9, 2025.
Q: I’ve heard something about the 5 year testing requirement. Do I have to test for lead paint every 5 years?
A: No, you do not have to test for lead paint every 5 years. The 5 year testing requirement refers to the time period between when Local Law 31 became effective on August 9, 2020 and the deadline for XRF testing on August 9, 2025.
Q: Is this different from the annual visual inspections that my super conducts?
A: Yes, unlike the annual visual inspections, the XRF testing must be conducted by an EPA-certified lead paint inspector or risk assessor who is not affiliated with the building owner.
Q: Do I need to conduct XRF testing more than once?
A: No, this is a one time testing requirement.
Q: I have an old inspection report. Does this fulfill the paint testing requirement?
A: This question comes up due to
The answer is yes, however,
However, note that if the inspection date preceded 12/1/2021 (when the XRF testing action level was lowered from 1.0 to 0.5), your unit will be presumed to have lead-based paint unless you hire an inspector to conduct XRF testing at the new action level.
If you do not retest, you will not be eligible for an exemption, any exemption granted prior to 2021 is considered void, and you will not be protected from receiving any violations related to lead-based paint hazards.
Addressing Identified Lead-Based Paint
Q: My XRF testing report lists areas that are positive for lead-based paint. When do I need to correct these conditions?
A: This depends on multiple key factors, mostly surrounding whether a child of applicable age [^2] in the unit.
If the unit is occupied and has a child of applicable age (as of January 1, 2025):
If positive for lead on friction surfaces [^3] - such as doors, windows, and cabinetry components - as well as chewable surfaces [^4], or impact surfaces [^5], abatement must occur by an EPA-certified lead abatement contractor by July 1, 2027.
If positive for lead on non-friction, chewable, or impact surfaces - such as walls, baseboards, and radiators - there is no requirement for corrective action. However, if paint is peeling, remediation should occur as soon as possible to avoid violations from HPD (the Department of Housing and Preservation).
If the unit is occupied but there is no child of applicable age (as of January 1, 2025):
If positive for lead on friction surfaces - such as doors, windows, and cabinetry components - as well as chewable surfaces, or impact surfaces, abatement must occur by an EPA-certified lead abatement contractor by the next turnover.
If positive for lead on non-friction, chewable, or impact surfaces, there is no requirement for corrective action. However, if paint is peeling, remediation should occur as soon as possible to avoid violations from HPD.
Corrective Action
Q: I keep seeing the terms abatement [^6] and remediation [^7]. Is there a difference between them?
A: While the terms abatement and remediation are used interchangeably in reference to the removal of lead-based paint hazards, the key difference between the two is that abatement refers to the permanent removal of lead paint hazards by an EPA-certified lead abatement contractor.
Q: My XRF testing report lists areas that are positive for lead-based paint. How do I correct these conditions?
A: The allowable forms of corrective action change depending on what surface(s) are lead paint positive.
For friction door components (e.g. doors, jambs):
Paint removal, component replacement, or enclosure by an EPA-certified lead abatement contractor.
For friction window components (e.g. jamb, sashes or sills lacking a window channel):
Paint removal, component replacement, or enclosure by an EPA-certified lead abatement contractor.
For chewable surfaces (e.g. interior protruding window sill):
Encapsulation, paint removal, component replacement, or enclosure by an EPA-certified lead abatement contractor.
Definitions
Applicable units - multi-family residential buildings built prior to 1960, as well as those built between 1960 and 1978 known to have lead paint, are legally obligated by Local Law 31 to ensure their building(s) are inspected for lead-based paint.
Applicable age - any child under six years of age. A child is considered a resident if they regularly spend 10 or more hours per week in the unit.
Friction surface - any painted surface that touches or is in contact with another surface, such that the two surfaces are capable of scraping against each other when in motion. Friction surfaces include window frames and jambs, doors, and hinges.
Chewable surface - a protruding interior window sill which is accessible to a child under the age of six; any other interior edge/protrusion where there is evidence it has been chewed or where an occupant has notified the owner that a child under six has chewed on the surface.
Impact surface - any interior painted surface that shows evidence, such as marking, denting or chipping, that is subject to damage by repeated sudden force, such as certain parts of door frames, moldings, or baseboards.
Abatement - any set of measures designed to permanently eliminate lead-based paint or lead-based paint hazards including removal, enclosure, encapsulation and replacement.
Remediation - the reduction or elimination of a lead-based paint hazard through the wet scraping and repainting, removal, encapsulation, enclosure, or replacement of lead-based paint, or other method approved by the commissioner of the Department of Health and Mental Hygiene (DOHMH).
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