X-Ray Fluorescence (XRF) analysis is a proven technology used to detect and quantify the amount of lead present in old paint.
XRF lead testing is required for pre-1978 residential buildings in New York City, per Local Law 31.
EPA-certified lead inspectors use handheld XRF analyzer machines, which resemble radar guns, to accurately test all types of surfaces for the presence of lead-based paint.
The advantage of XRF inspections is that this method is non-destructive (no need to remove and collect samples) and the analyzer can detect lead-based paint even when it’s buried underneath multiple layers of paint.
Local Law 31 of 2020 applies to owners of buildings built before 1960 (or between 1960–1978 if the owner knows there is lead-based paint). It requires:
Failure to comply with these requirements and deadlines will result in a Class “C” hazardous violation. Property owners will be liable for civil penalties of $1,000 minimum and $5,000 maximum per violation.
XRF inspections are also required if you wish to apply for an HPD lead exemption (Lead Free or Lead Safe). You can learn more about applying for lead exemptions here.
Green Orchard Group is an EPA-certified lead inspection firm in New York City with over 25 years of experience. Call (212) 218-8261 or fill out the form to request a free quote.
X-Ray Fluorescence (XRF) is a method of determining the elemental composition of materials. When it comes to housing and environmental safety, professionals use XRF analyzers specifically to measure the concentration of elemental lead in old paint.
This method fires x-ray beams at a paint sample to “knock” electrons out of orbit. When this happens, a certain amount of energy is released — this energy is unique to each element. The XRF analyzer detects these individual bursts of energy to calculate how much of each element is present within the sample.
XRF is the only reliable, non-destructive technique for testing lead-based paint. Because x-rays easily penetrate the surface of paint samples, XRF analysis can detect traces of lead even when buried under multiple layers of paint.
That means it doesn’t require removing samples in order to take measurements, nor does it require marking or damaging the surface (which can potentially release dangerous lead dust).
With handheld XRF analyzers, each measurement only takes a matter of seconds and allows lead inspectors to quickly and safely test a large number of paint surfaces in a relatively short amount of time.
In order to comply with Local Law 31, XRF lead testing must be performed by an EPA-certified lead inspector or risk assessor.
XRF lead testing involves a surface-by-surface investigation to determine whether lead-based paint is present in a house, dwelling unit, or residential building. The inspector holds the XRF analyzer directly on each painted surface in order to take measurements, which are then classified based on EPA / HUD standards.
Per Local Law 66, if the measurement is greater or equal to 0.5 milligrams per square centimeter (mg/cm2), it is classified as a positive reading for lead-based paint.
Sometimes readings may be considered inconclusive if they fall within a certain range, as specified by the manufacturer’s Performance Characteristic Sheet (PCS) for each model of XRF lead-based paint analyzer. In such a case, or if XRF readings cannot be taken because some surfaces are uneven or damaged, paint chip samples must be collected and analyzed in an accredited laboratory.
After the inspection is completed, you will receive an inspection report documenting all findings. Per HUD guidelines, the report should contain the following information:
HUD’s guidelines allow for the use of a random sampling protocol to test for lead-based paint in large, multi-family housing buildings.
Instead of testing each individual dwelling unit, the inspector will perform XRF lead testing only on a fraction of the total units. The fraction is determined based on the date of the building’s construction (pre-1960 or 1960-1977) and the total number of units in the building.
This method is generally less time-consuming and more cost-effective for large housing buildings, although there are certain drawbacks (such as when you’re applying for an HPD lead exemption).
Looking for reliable, EPA-certified XRF lead testing in New York City? Green Orchard Group is here to help!
We have over 25 years of experience helping NYC building owners and landlords with professional lead inspection and abatement services. Our lead experts work closely with our contacts at HPD and the Department of Health to guarantee the highest level of compliance with city regulations and standards.
Call (212) 219-8261 or click below to contact us today if you have questions about Local Law 31 testing requirements or need help scheduling an XRF lead testing inspection.
New York City’s Local Law 31 of 2020 introduced new lead inspection requirements for landlords and building owners, enforced by the NYC Department of Housing Preservation & Development (HPD).
The most notable requirement is for building owners to conduct certified lead-based paint inspections for all dwelling units and common areas in pre-1960 residential buildings within a specified timeframe.
If you’re not familiar with Local Law 31 of 2020, here’s what you need to know in order to avoid costly violations in accordance with New York City’s newest lead paint rules.
Over the past few years, New York City has made several important updates to the NYC Childhood Lead Poisoning Prevention Act (Local Law 1 of 2004), strengthening existing lead laws and expanding inspection requirements for landlords and building owners.
Local Law 31 of 2020, which went into effect on August 9, 2020 requires landlords to have X-Ray Fluorescence (XRF) lead inspections conducted by EPA-certified inspectors to test for the presence of lead-based paint in multiple dwelling residential buildings.
Local Law 31 also includes a 5-year testing requirement, meaning that all residential building owners in NYC must have all dwelling units inspected for lead paint by August 9, 2025.
Apartments with children under the age of 6 residing there must be inspected much sooner. If a family with a child under the age of 6 recently moved into an apartment, lead testing must be completed within 1 year of their move-in date.
[Updated August 2023] The newly passed Local Law 111 of 2023 has amended Local Law 31’s requirements to also include XRF lead testing for all common areas in residential buildings by August 2025.
Failure to comply with these requirements and deadlines will result in a Class “C” hazardous violation. Property owners will be liable for civil penalties of $1,000 minimum and $5,000 maximum per violation.
[Updated December 1, 2021] Per Local Law 66, the new threshold for defining lead-based paint has been lowered from 1.0 mg/cm2 to 0.5 mg/cm2 — starting on December 1, 2021. HPD has confirmed that XRF lead inspections performed prior to December 1st may still use the old 1.0 mg/cm2 threshold and will NOT need to be re-tested for Local Law 31 compliance.
It’s important to note that, while building owners have until August 9, 2025 to have XRF inspections performed, if a child under the age of 6 resides in a unit, owners must have the XRF inspection performed within a year (by August 9, 2021).
For children under the age of 6, the term “resides” means the child either lives in, or routinely spends 10 or more hours per week in a dwelling unit in a pre-1960 building.
Therefore, XRF testing requirements also apply to properties in which a child visits and spends time in regularly, even if they don’t live there.
There are certain cases where co-ops and condominiums must comply with the lead inspection requirements laid out in Local Law 1 of 2004 and updated in Local Law 31 of 2020.
Any condo or co-op unit that is being rented or sublet is subject to the new 5-year (or 1-year) XRF inspection requirements.
Condo or co-op units that are occupied by the owner, shareholder, or their family, are exempt.
XRF analyzers are specialized machines containing radioactive isotopes that are used to determine the elemental composition of a sample surface.
Handheld XRF analyzers are used specifically by trained professionals to detect the presence of potential lead hazards. Because these machines are expensive to own and operate, XRF inspections may cost as much as several hundred dollars depending on the size of each unit being tested.
In order to be compliant with Local Law 31, testing must be performed by EPA-certified lead professionals. Typically, XRF inspections take under an hour to complete and come with an extensive report of findings detailing all surfaces inspected.
Local Law 31 inspection reports must be kept on hand and made available to HPD upon request.
Lead-based paint was banned in New York City in 1960, but it still exists in older buildings. As a hazard, lead exposure can be poisonous for young children and pose significant risks to pregnant women.
According to the HPD website, common examples of lead-based paint hazards include:
Green Orchard Group is a leading environmental health & safety company in NYC specializing in EPA-certified lead inspection and abatement services.
Contact us today for assistance with Local Law 31 compliance or any of our lead services:
Call (212) 219-8261 or use our contact form to request a free quote!
In July and August of 2023, the New York City Council passed new legislature with additional requirements for lead-based paint testing, recordkeeping, and remediation.
Here is a summary of Local Laws 111, 122, and 123 of 2023 and what building owners and property managers should know in order to stay compliant and avoid lead violations.
The most notable new requirement for property owners comes from Local Law 111 of 2023, which now requires x-ray fluorescence (XRF) inspections for lead-based paint hazards in common areas of residential buildings built before 1960 (or between 1960 and 1978 and known to have lead paint). The XRF inspections must be conducted by a certified lead inspector or risk assessor and completed by August 2025.
Previously, Local Law 31 of 2020 required building owners to conduct XRF inspections in all residential dwelling units within 5 years, or within 1 year of a child under 6 residing in the unit. Local Law 111 of 2023 now adds common areas to the list of required inspections to be performed by August 2025.
Looking to get ahead of these XRF testing requirements? Contact Green Orchard Group today for a free quote. We are EPA-certified lead inspectors helping thousands of landlords and property managers stay compliant with NYC’s lead paint laws and attain lead exemptions from HPD.
Local Law 122 increases HPD’s enforcement of documentation and record keeping requirements, as well as ensuring that owners complete the mandatory XRF testing required by Local Law 31 and Local Law 111.
Owners will be required to provide annual notice and investigation records whenever HPD issues lead-based paint hazard or turnover violations.
Starting in August 2025, owners will also be required to submit investigation records including XRF testing of dwelling units and common areas completed before August 2025. Failure to do so will result in a separate violation.
Local Law 123 goes into effect on January 1, 2025, and adds new requirements for lead remediation work that must be performed upon or prior to turnover of a dwelling unit in which a child under 6 resides, including:
If a child under 6 currently lives in a unit, the property owner must complete the required remediation work for that unit by July 2027.
Green Orchard Group is one of New York City’s leading environmental testing firms. We work with HPD, NYCHA, as well as many of the largest property management companies in NYC, to provide lead-based paint inspections and XRF testing services.
You can trust Green Orchard Group to deliver great service and reliable results:
In response to mounting concerns over lead-paint hazards, New York City has ushered in a series of significant legislative changes. From designating peeling paint as an “immediately hazardous” violation to expanding inspections and optimizing reporting processes, these laws underscore the city’s proactive approach to lead-paint prevention.
Here’s what landlords and property managers should know about the recently passed lead-paint laws in New York City: Intro 6-A, Intro 193, and Intro 200.
This new package of lead-paint laws, including Intro 6-A, include several provisions aimed at strengthening lead paint enforcement and prevention:
These laws collectively aim to close gaps in lead paint enforcement, reduce lead exposure risks, and create safer living environments, particularly for children who are more vulnerable to lead poisoning.
Intro 6-A focuses on the permanent removal of lead-based paint on friction surfaces, such as doors and windows, to ensure safer living conditions for residents, particularly children who are most vulnerable to lead exposure.
The primary goal of Intro 6-A is to eliminate lead hazards from friction surfaces, where paint deterioration can create a significant risk of lead exposure. The law applies to multiple dwellings erected before January 1, 1960, requiring owners to take proactive steps to remediate lead-based paint hazards.
Passed: Intro 6-A was passed by the New York City Council on August 3, 2023 and goes into effect 120 days after it becomes law (early December 2023).
Penalties: Failure to comply with the provisions of Intro 6-A can result in violations, including class B violations with potential civil penalties.
Intro 193 applies to shared spaces within multiple dwellings where children of applicable age reside. The goal is to identify and remediate lead-based paint hazards in common areas of multiple dwellings, contributing to overall lead exposure prevention efforts.
Passed: Intro 193 was approved by the New York City Council on July 13, 2023. It takes effect 180 days after it becomes law.
Through Intro 193, New York City reinforces its commitment to minimizing lead exposure risks by addressing hazards in areas commonly shared among residents. The law’s enactment contributes to healthier living environments and reflects the city’s ongoing efforts to prioritize public health and safety.
Intro 200 introduces measures aimed at improving transparency and accountability in the process of addressing lead-related concerns in New York City. By focusing on the reporting of objections to lead abatement and remediation orders, this legislation enhances the city’s ability to monitor and respond to potential issues in a timely and effective manner.
Passed: Intro 200 was approved by the New York City Council on July 13, 2023 and takes effect immediately after it becomes law.
Through the enactment of Intro 200-A, New York City demonstrates its dedication to maintaining a comprehensive record of objections to lead-related orders, fostering transparency and accountability across all lead abatement and remediation efforts.
Local Law 61 of 2018 went into effect on January 2019 and introduced several important requirements for mold assessment, abatement, and remediation work to the New York City Administrative Code. According to NYC.gov:
“You may be subject to penalties that range from $800 to $10,000 from the Department of Environmental Protection (DEP) if you fail to hire the appropriate licensed mold assessors to remediate mold, and/or if the person holding a mold assessment license does not file the required Post-Remediation Assessment Form and Mold Post-Remediation Certification.”
So what exactly are these requirements and penalties? In this article, we’ll break down what landlords in New York City should know about mold and Local Law 61 of 2018.
Local Law 61 established minimum standards and requirements for mold projects in covered buildings.
The term “mold projects” applies to mold-contaminated areas greater than 10 square feet and includes:
The term “covered buildings” applies to buildings that satisfy one or both of the following:
The purpose of Local Law 61 is to ensure that safe work practices are used when handling mold and to deter landlords from performing mold assessment, abatement, or remediation work in a manner that could threaten public health.
For mold projects in covered buildings, here’s the 3 most important things that landlords should be aware of in order to avoid violations and penalties:
In other words, if there is more than 10 square feet of mold in a covered building that you own, Local Law 61 prohibits you from fixing it yourself. You must hire third-party contractors with valid mold licenses from the NYS Department of Labor. Furthermore, the contractor hired for mold assessment cannot be the same contractor hired for mold remediation.
Failure to comply with the requirements above may result in violations and fines from the NYC Department of Environmental Protection (DEP).
Local Law 61 also includes filing requirements for mold contractors hired to work on projects in covered buildings:
Both of these forms are available and should be filed online. These forms must be filed by the mold contractors, not the landlord. However, landlords may be subject to penalties if proper paperwork is not filed, so it’s important for landlords to be aware of this requirement.
Licensed mold contractors hired to perform mold assessment, abatement, or remediation are required to complete the forms and provide the landlord or property owner with appropriate filing receipts.
Again, these requirements only apply to “covered buildings” (see above for definition).
Landlord penalties for Local Law 61 violations range from $800 to $10,000 depending on the number of violations and gross floor area of the building:
Green Orchard Group is a environmental inspections company based in New York City with over 20 years of experience as licensed mold assessors.
You can also search for licensed mold assessors and mold remediators using the New York State Department of Labor’s Licensed Mold Contractors Search Tool.
Mold is a common indoor environmental health hazard that can lead to allergy symptoms and other health risks, in addition to serious structural damage. It thrives in damp and humid conditions, often in the wake of a water leak or moisture issues in the home. and a type of fungus that thrives in damp and humid environments.
Dealing with mold can be costly, depending on factors such as the type of mold, the area affected, and the scope of damage.
A mild mold problem might not require professional help and can be removed with a bit of soap, water, and elbow grease. However, moderate to severe mold problems, especially following major water damage, may require extensive professional mold remediation that involves several steps including inspections, removal, and repair. As a rule of thumb, any area affected by mold that exceeds 10 square feet may require professional mold remediation services.
Mold remediation projects in New York City generally add up to thousands of dollars on average—even tens of thousands of dollars for large projects. So who is responsible for paying for mold remediation?
The responsibility for paying for mold remediation services depends on whether you are a homeowner, renter, or landlord:
Who pays for mold remediation depends on what caused the mold to begin with.
Homeowner insurance generally covers mold that is the result of a “covered peril” (a sudden or accidental event specifically covered by your policy). This may differ depending on your policy, but it typically includes scenarios such as:
If this happened to you, then you can file a mold claim. Do not try to clean up or remove the mold by yourself; the insurance company will need to send a claims adjuster to inspect the mold damage first.
Whether or not your claim will be honored depends on if they determine that the mold was in fact caused by a covered peril, or instead it was due to negligence or a pre-existing problem. Examples of scenarios in which mold remediation is typically not covered by homeowner’s insurance include:
If your claim is approved, your insurance will pay for mold remediation. However, they might not pay for all of it. Some insurance policies limit mold remediation payments to between $1,000 and $10,000, and in cases where remediation costs exceed this limit, the rest must be paid out of pocket. Make sure to check first if your insurance policy has limits on mold remediation so that you can plan accordingly when consulting with a mold remediation company.
If your claim was not approved, or your homeowner insurance does not cover mold, then the homeowner will need to pay entirely for the mold remediation.
As a renter or tenant, you are generally not responsible for mold remediation costs, except when the mold was a direct result of your own negligence or failure to report moisture issues to your landlord.
Renters are responsible for taking basic and common sense measures to prevent mold, such as:
If mold grows as a result of something that you did, or neglected to do, then your landlord can argue that you are responsible for cleaning up the aftermath.
Even if the mold was caused by a plumbing issue or a leaky roof or window, if you failed to report the underlying to your landlord so that it could be fixed, then the subsequent mold problem may be deemed due to negligence on your part.
In all other scenarios, when mold grows due to an accident or a structural issue, or even due to a plumbing issue that you reported but your landlord failed to fix, then your landlord is responsible for remediation.
When this happens, you should report the mold growth to your landlord or property manager as soon as possible. They are required to take action to remediate the mold within a reasonable amount of time. If they don’t, you can file a complaint to 311 to report a housing maintenance issue and the NYC Department of Housing Preservation and Development (HPD) will send someone to investigate.
Landlords are responsible for keeping their properties free of mold.
This is mandated in New York City’s Local Law 55 of 2018 (the Asthma-Free Housing Act). Mold is also covered under the “warranty of habitability” under New York Real Property Law 235-b, which states that landlords are responsible for keeping their apartments safe and fit for human habitation at all times.
That said, being responsible for mold remediation doesn’t necessarily mean that landlords are always on the hook for mold remediation expenses.
When a mold problem occurs due to negligence by your tenant (such as not ventilating bathrooms during use, or failing to report plumbing issues), then they may be held responsible for the associated mold remediation costs. In this type of scenario, you may be able to deduct some or all of the expenses from their security deposit.
Landlord insurance may or may not cover mold remediation costs, depending on your policy. Many policies have a fungi or bacteria exclusion, meaning they do not provide coverage for mold issues, but additional mold coverage may be available as an add-on.
But similar to homeowner’s insurance, if the mold was a result of another issue that your policy does cover, such as accidental flooding or water damage, then your insurance may cover mold remediation in addition to other repairs.
As a landlord or building owner in New York City, receiving a notice of violation from HPD about a lead-based paint issue seems like a relatively common occurrence.
HPD sends out thousands of these notices each year. In fact, over 9,000 lead paint violation notices have been sent out in just the first half of 2022 — an average of 50 per day.
A notice of violation is not actually a violation… yet. There are no penalties if corrected and cleared properly.
However, if the problem is not addressed by the specified deadline for correcting and certifying it, it may result in fines, penalties, and even litigation.
In this article, we’ll introduce the common types of lead-based paint violations issued by HPD, when and who they apply to, and how to properly correct and clear them.
Having lead paint in your building is not problematic until it starts to deteriorate. When that happens, and the paint starts to chip, crack, peel, or otherwise cause the release of lead dust or paint chips, it becomes a lead-based paint hazard that poses a serious risk to the people living there — especially for young children under 6 years old.
If you’re familiar with Local Law 1, you’ll know that landlords are responsible for protecting their tenants from lead-based paint hazards. Any paint in a pre-1960 building is assumed to contain lead unless proven otherwise, and if there is deteriorating paint in an apartment where a child under 6 resides, it must be removed or safely abated as soon as possible.
As the primary agency responsible for the enforcement of lead paint issues, HPD will send trained inspectors to audit landlords for Local Law 1 compliance, as well as in response to 311 complaints from tenants.
HPD issues lead paint violations when an inspector identifies a lead paint hazard (e.g. deteriorating paint) in buildings built before 1978 where a child under the age of 6 resides.
The 2 most common types of lead paint violations are presumed violations (616) and tested violations (617). Both constitute class C “immediately hazardous” violations, which can each result in penalties of $250 per day, with a maximum of $10,000.
Other types of HPD lead violations:
If you received a presumed violation (616) for deteriorating paint conditions in a pre-1960 building, you have the option to contest it. This can be a good option if you think that the paint in your building doesn’t actually contain lead, saving you the time and costs associated with lead abatement and repair.
This requires you to prove to HPD that either (1) the building was built after 1960 or (2) the paint is not lead-based according to XRF lead paint testing and/or paint chip laboratory analysis.
You must submit the Contestation Form and provide ALL of the necessary documentation to support your statement(s). This form must be postmarked no later than 6 days before the correction deadline.
First, work must be done to fix the lead paint hazard identified on the notice by the correction date on the notice.
The method you ultimately choose depends on the type of surfaces affected, as well as your own goals and budget. According to Local Law 1 of 2004 and the New York City Health Code §173.14, abatement of lead-based paint hazards can be done through the following approved methods:
Regardless of the method, any work must be completed by an EPA-certified lead abatement contractor in order to satisfy HPD and successfully clear the violation.
Make sure that you receive a sworn statement (notarized) from the contractor to prove that the work was done. The EPA certification of the firm that performed the abatement will also need to be submitted to HPD as well (see Step 3).
After the lead paint hazard has been properly abated, dust wipe clearance testing must be performed to ensure that proper clean-up was done.
This is an important step to ensure that any repair or remediation work did not inadvertently contaminate the apartment with dangerous, lead-containing dust.
Per Local Law 1 of 2004, dust clearance testing is a mandated step when correcting HPD violations. You must hire an EPA-certified lead inspector or risk assessor to perform the dust wipes, and samples must be sent to an NYS ELAP-certified laboratory for analysis.
Dust clearance testing cannot be done by building management or the company that did the abatement work.
The following paperwork must be submitted to HPD in order to certify that the violation is corrected:
Make sure that you submit the original copies of all sworn statements (not photocopies) and the work completion dates all match.
Paperwork should be submitted to the HPD Lead Unit: 94 Old Broadway, 7th Floor.
After your paperwork is submitted (assuming it is valid and on time), HPD will arrange for a reinspection to verify that the lead paint hazard has been properly remediated.
Once reinspection is completed, all of your paperwork is verified, and the lead hazard is no more, then your violation will be successfully cleared.
However, If the inspector returns and finds that a lead paint hazard still exists — even if the original hazard was remediated but a new one was caused by another condition (e.g. a recent leak) — the violation will not be cleared.
Reinspections are free as long as you followed the deadlines specified on the original notice of violation. However, the deadlines have passed and the violation becomes overdue, HPD may charge a $300 fee for the reinspection.
If extenuating circumstances make it impossible to abate the lead paint hazard before the deadline, you can file for a postponement. If granted, you’ll receive a 14-day extension to complete the lead paint abatement process.
You must submit the postponement form to HPD, specifying your reasons (technical difficulties; inability to obtain necessary materials, funds, or labor; or inability to gain access to make the repair).
Building owners can file for postponement up to two times, but bear in mind that it’s much harder for a second postponement to be granted.
Most lead-based paint violations (616 & 617) are considered “immediately hazardous” due to the presence of young children that are particularly at risk of lead poisoning.
If not corrected and cleared within the given deadline, HPD may impose fines of $250 per day until the lead paint hazard is properly addressed (with a maximum fine of $10,000).
In addition to fines, overdue violations past the deadline may trigger HPD’s Emergency Repair Program (ERP). When that happens, HPD will show up and hire their own contractors to repair urgent violations. The work will then be billed directly to the building owner through the Department of Finance.
Due to the city’s contracting process and administrative fees involved, costs incurred from ERP are much higher than if a building owner had directly hired a lead abatement firm to repair the hazard.
Lastly, not resolving a violation in a timely manner can also result in costly, time-consuming litigation. HPD may take the owner to housing court, and tenants can also pursue litigation against the owner as well.
Green Orchard Group is an experienced team of EPA-certified lead professionals based in New York City.
We provide a variety of lead-based paint inspection and abatement services based on your specific needs, and we’re well-equipped to help you tackle any type of HPD lead paint violation.
Give us a call at (212) 219-8261 or use this form to request a quote, schedule a service, or just ask a question!
In addition to lead-based paint, we also provide other environmental health & safety services including mold remediation, indoor air quality testing, water damage restoration, pathogen disinfection, and more.
As a landlord in New York City, it is crucial to understand the requirements for lead-based paint testing and remediation at apartment turnover. Failure to comply with these regulations can result in significant penalties and harm to tenants’ health.
In this article, we will explore the technical aspects of these requirements and provide useful resources for landlords.
Apartment turnover is defined as a vacancy occurring after the expiration of the existing lease or the tenant’s termination of occupancy.
Local Law 1 of 2004 and Local Law 31 of 2020 mandate that landlords must conduct lead-based paint testing and remediation in units built before 1960 with 3 or more units at apartment turnover.
At apartment turnover, landlords are required to perform a visual inspection (here is a sample inspection form) of the entire apartment for lead-based paint hazards, including surfaces with paint that is peeling, chipping, flaking, or deteriorated. If the visual inspection shows any hazards, the landlord must conduct an X-Ray Fluorescence (XRF) inspection to identify all lead-based paint hazards in the unit.
At turnover, landlords must:
It’s important to note that failure to comply with these regulations can result in significant penalties, including fines and the potential for legal action by tenants.
Landlords must also comply with other regulations, including the New York City Housing Maintenance Code, which requires landlords to maintain their properties in a safe and habitable condition.
HPD issues violations for landlords who fail to maintain records of lead abatement, inspections and tenant notices. If an audit reveals a property’s lead-based paint records do not show that the apartment met the turnover requirements for each vacancy, a Class B violation can be issued for failure to maintain these records. The penalty for these violations is $1,500 for each apartment.
Common violations issued for inadequate record keeping include:
§ 27-2056.8 ADM CODE – CERTIFY COMPLIANCE WITH LEAD-BASED PAINT HAZARD CONTROL REQUIREMENTS DURING PERIOD OF UNIT VACANCY BY SUBMITTING REQUIRED SUPPORTING DOCUMENTATION AND AFFIDAVITS FOR APARTMENT.
Requires proof of the apartments that have been turned over in the past decade, the type of work done during the turnover, and the testing method used, such as dust wipes or XRF testing.
If an apartment hasn’t been turned over in the past decade, you need to provide evidence of 10 years’ worth of leases or payments showing that the same tenant resided in that apartment all this time.
§ 27-2056.7 ADM CODE – CORRECT FAILURE TO PROVIDE TO THE DEPARTMENT WITHIN 45 DAYS OF DEMAND ALL RECORDS REQUIRED TO BE MAINTAINED BY OWNER PURSUANT TO LOCAL LAW 1 OF 2004 RELATED TO LEAD-BASED PAINT NOTICES, INSPECTIONS AND REMEDIATION/ABATEMENT ACTIVITES. [sic]
This includes affidavits of mailing for safety mailings, responses for the safety mailings, proof of visual inspections for any chipping or peeling paint in any unit containing a child under the age of 5, apartment turnovers in the past 10 years, and the dust wipes.
If any work has been done in the building that could have exposed LBP (Lead-Based Paint) over the past decade, you will need to provide documentation of the work done, proof that the work was performed by an RRP- or EPA-certified contractor, and the results of the dust wipes after the work was completed.
Additionally, all open Lead Violations must be removed.
§ 27-2056.4 ADM CODE – CORRECT FAILURE TO NOTIFY OCCUPANTS AND/OR TO INVESTIGATE LEAD-BASED PAINT HAZARDS.
Requires documentation of the past 10 years, including affidavits of mailing for safety mailings, and responses for the safety mailing. The city mandates visual inspections for any chipping or peeling paint in any apartment where a child under the age of 5 resides, and documentation of those inspections for the tenant.
§ 27-2056.4(h) AND 27-2056.17 ADM CODE – CORRECT FAILURE TO PROVIDE TO THE DEPARTMENT WITHIN 45 DAYS OF DEMAND ALL RECORDS REQUIRED TO BE MAINTAINED BY OWNER PURSUANT TO LOCAL LAW 1 OF 2004 RELATED TO LEAD-BASED PAINT NOTICES, INSPECTIONS AND REMEDIATION/ABATEMENT ACTIVITES. [sic]
This includes affidavits of mailing for safety mailings, responses for the safety mailings, proof of visual inspections for any chipping or peeling paint in any unit containing a child under the age of 5, apartment turnovers in the past 10 years, and the dust wipes.
If any work has been done in the building that could have exposed LBP (Lead-Based Paint) over the past decade, you will need to provide documentation of the work done, proof that the work was performed by an RRP- or EPA-certified contractor, and the results of the dust wipes after the work was completed.
Additionally, all open Lead Violations must be removed.
To help landlords comply with these regulations, the NYC Department of Housing Preservation and Development (HPD) offers several resources, including free training on lead-safe work practices, financial assistance for lead remediation work, and the Lead-Based Paint Hazard Reduction Program.
Green Orchard Group has years of experience helping landlords navigate NYC’s complex lead paint regulations. Contact us today if you have any questions or need assistance with lead paint compliance.
As a certain crimefighter from Queens once said: “with great power comes great responsibility.”
For New York City’s landlords, part of that great responsibility is to conduct annual inspections to ensure that the apartments they manage are habitable for tenants.
These landlord annual inspections are required by NYC’s Local Law 1 and Local Law 55, and concern the presence of lead paint, mold, and pests.
In this article, we’ll explain how to conduct these annual inspections — including checklists of what to look for — to help landlords and property owners comply with local law requirements and avoid HPD violations.
When it comes to multi-family residential buildings in New York City, Local Law 1 and Local Law 55 require 3 types of inspections that must be completed and documented on an annual basis:
In most cases, it’s up to the landlord to decide whether they will personally perform these inspections or outsource them to trained professionals.
For landlords that choose to perform their own inspections, the environmental health & safety experts at Green Orchard Group have put together these convenient landlord annual inspection checklists:
Due to the Covid-19 pandemic, enforcement of annual inspection requirements was temporarily halted in 2020 and non-compliant property owners were not issued violations.
However, that temporary reprieve is over. HPD is actively enforcing landlord annual inspection requirements laid out in Local Law 1 and Local Law 55.
Among other things, Local Law 1 requires landlords to conduct annual visual inspections for lead-based paint hazards.
Every year, a visual inspection is required for any dwelling unit in which a child under the age of six (6) resides. Inspections should also be conducted whenever an apartment becomes vacant (during turnover), before a new tenant moves in.
All findings and results of each inspection must be properly documented, and these records should be kept for a minimum of 10 years.
You can either perform the visual inspections yourself or hire a professional (like Green Orchard Group) to do them. If you choose to do it yourself, we strongly recommend going through HUD’s free online Visual Assessment Training course.
When performing visual inspections for potential lead paint hazards, the landlord should do a comprehensive check for the following conditions in each and every apartment where a child under 6 resides.
Per HPD’s instructions, every surface in every room of the apartment should be examined and documented, including the interiors of closets and cabinets. If any of the following potential lead paint hazards are found, note down the location and description of the condition.
You can print and use HPD’s Annual Visual Inspection template to document findings. During the inspection, check each surface in every room for:
⬜ Peeling Paint —
Paint that is peeling, chipping, chalking, cracking, or otherwise damaged in any manner.
Look for deteriorated paint on all painted building components, including walls, windows, and trim areas. Nail holes or hairline cracks are not considered deteriorated if the surrounding paint is stable. If deteriorated paint is identified, it must be remediated.
⬜ Chewable Surfaces —
Protruding interior surfaces such as windowsills, railings, stairs, and other edges that are accessible to children under 6 years old, even when the paint is not deteriorated.
Check for evidence of paint on these surfaces being chewed (teeth marks, paint chips, debris, or residue) and inquire from the occupant if a child under 6 has chewed or mouthed such surfaces.
⬜ Deteriorating Sub-Surfaces —
Unstable or unsound substrates beneath a painted surface, such as decaying wood or damaged plaster.
When inspecting for deteriorating sub-surfaces, ask about and investigate potential underlying conditions such as a recent leak, excess moisture, or physical disturbance that might cause damage to painted surfaces.
⬜ Friction Surfaces —
Any interior painted surface that touches or comes into contact with another surface as a result of up and down, back and forth, or rubbing movement.
The resulting friction can cause the paint to abrade, scrape, or bind. Common examples of friction surfaces include window frames, jambs, doors, and hinges.
⬜ Impact Surfaces —
Any interior painted surface that shows evidence (marking, denting, chipping, etc.) of being damaged by repeated, sudden force.
Over time, repeated impacts can cause paint to chip, break, and release lead-containing dust. Common examples of impact surfaces include door frames, moldings, and baseboards.
Any areas with deteriorated paint identified during the visual inspection must be repaired and/or abated using trained workers and safe work practices.
If the repair or abatement involves replacing windows or more than 100 square feet of lead paint, Local Law 1 requires the landlord to hire an EPA-certified lead abatement firm to perform the work.
Local Law 55 of 2018, otherwise known as the Asthma-Free Housing Act, makes landlords responsible for keeping their properties free from indoor allergen hazards such as pests and mold.
As part of this law, which was passed in 2018 and went into effect in 2019, landlords are required to conduct annual inspections of all dwelling units and common areas for mold and pests.
Similar to the annual visual inspections for lead paint, the mold and pest inspections required by Local Law 55 can also be performed either by the landlord or by trained professionals.
Because this is a relatively new regulation, current information is limited about the guidelines and standards by which the annual inspections must be conducted.
Some landlords may choose to perform perfunctory visual checks for visible signs of mold and pests, while more prudent landlords hire professionals to conduct detailed annual inspections — complete with moisture, temperature, and infrared camera readings.
The benefit of the latter is obviously the quality of the inspection. Being proactive about catching and fixing mold or problems early on can save landlords a lot of money in repairs and extermination services down the line.
You can either print and use HPD’s Sample Investigation Form template to document findings. Per Local Law 55, here is what you must check for:
⬜ Visible Mold —
Mold or mildew that is readily identifiable by visual inspection, including mold that is behind furniture or other interior obstructions.
⬜ Underlying Defects (Mold) —
Any building conditions that can cause indoor mold hazards, such as recent flooding, water leaks, water infiltration from plumbing, or other moisture conditions.
⬜ Rodents —
Unwanted members of the order Rodentia, including house mice and Norway rats. Note down other evidence or signs of rodent infestations, including droppings, runways, and nests.
⬜ Cockroaches —
Presence of American cockroaches (large, dark, reddish-brown), German cockroaches (small, tan), and cockroach nymphs (small, dark brown).
⬜ Underlying Defects (Pests) —
Any building conditions that may cause or allow for infestation of pests by providing access to food, water, harborage, or entry into the dwelling. Examples include holes, cracks, and other potential entry points, as well as clutter and garbage.
⬜ Other —
Additional potential indoor allergen hazards that fall under Local Law 55 include certain chemicals with strong smells (cleaners, paints, adhesives, pesticides, etc.) as well as other household pests (houseflies, lice, moths, silverfish, beetles, bedbugs, ants, termites, spiders, and mites)
If any of the above indoor allergen hazards are identified during the annual inspection, it is the landlord’s responsibility to address them. This may include:
As the landlord, it is in your best interest to identify and address these conditions sooner rather than later, as mold and pest issues have a tendency to quickly worsen over time.
Tenants may also file complaints for any of the above with 311, and HPD will follow up with an inspection and potentially issue violations.
If you need help with landlord annual inspections for Local Law 1 and/or Local Law 55, the experts at Green Orchard Group can help!
We are a team of certified lead, mold, and pest professionals, trained to provide thorough, efficient, and affordable annual visual inspection services that are fully compliant with New York City’s regulations.
If you have questions about how to perform your own annual inspections for lead paint, mold, and pests, we are always happy to answer them and provide guidance.
Seeing black spots around air vents or experiencing unusual allergy symptoms while indoors?
If so, you might suspect black mold growing in your air vents.
Black mold, or Stachybotrys chartarum, can be a stressful — or even nightmarish — situation for many homeowners.
Many believe that this species of mold is particularly toxic and harmful to the health of those living nearby.
If you suspect that you have black mold growing around your air vents, or anywhere in your home, it should be safely cleaned and removed as soon as possible.
Stachybotrys chartarum is a highly toxic species of mold, and it is commonly referred to as “black mold,” “toxic mold,” or “toxic black mold.” It tends to grow on porous, organic surfaces like drywall and wood in the presence of excess moisture.
As it matures, Stachybotrys releases mycotoxins into the air, which can cause irritation and potential allergic reactions when ingested or inhaled.
Stachybotrys is thought to be a factor that causes sick building syndrome, symptoms of which include nausea, headaches, dizziness, fatigue, coughing, dry cough, skin itchiness, and irritation. However, a definitive connection between the two has not yet been proven.
According to the EPA, research on mycotoxins is still ongoing, and for many mycotoxins little health information is available.
Musty odors are often the first indication that you might have mold. This is especially so if the smell becomes noticeably stronger only when your heating or air conditioning is turned on.
Black mold, or Stachybotrys chartarum, has a distinct smell that’s often more pungent than household molds and mildews. Its smell is often described as musty and earthy, similar to the scent of dirt or wet, rotting leaves.
If you see black spots or black dust appearing around air vents, there’s a good chance that mold is growing inside. These black spots are usually difficult to wipe off, and if it has a wet, slimy texture, that’s another indication of black mold.
Remember, avoid touching the mold with your bare hands — always wear gloves and other protective equipment.
Health symptoms are another sign that you may have mold. The symptoms of black mold might resemble allergies and cause acute discomfort, and present themselves while you’re indoors.
However, none of these signs are absolutely definitive of black mold and many can have other causes unrelated to mold at all.
In fact, if you discover that mold is indeed growing in your air vents, it’s more likely to be a nontoxic, black-colored variety of household mold. Cladosporium, for example, is one of the most common types of black-colored mold and has no known toxic effects.
But if you’re experiencing a combination of these signs, it may be worth consulting a mold or indoor air quality (IAQ) professional. The only way to properly identify a species of mold is to examine a sample under a microscope.
And regardless of the species, any type of mold found in air vents should be promptly cleaned and removed.
Air vents are an ideal environment for many varieties of mold.
They’re dark, isolated, and have plenty of dust, which comprises organic matter for mold to metabolize. Once condensation or moisture starts to accumulate, you’ve got the perfect conditions for mold to thrive.
Vents and HVAC systems are a special area of concern for homeowners when it comes to mold.
Most mold problems are diagnosed visually — if you see mold growing, then you remove it. However, when it’s hidden inside a vent or ducts, you might not notice it until you or your family start experiencing symptoms.
This poses a problem because mold colonies release spores — and in some cases, toxins — into the air, which can then become inhaled. When mold grows in air vents, these spores may travel throughout your home along with the air being circulated.
But you don’t need to panic. The most common species of household molds are non-toxic to humans, although they may cause allergy symptoms when inhaled.
Many people have misperceptions about the term “black mold” and “toxic mold.”
Not all black molds are toxic, and not all toxic molds are black. If you have noticed or suspect black mold growing in your air vents, the probability that it’s actually Stachybotrys is relatively low.
In fact, while Stachybotrys chartarum isn’t considered rare, it is far less common than other household mold species. That’s because Stachybotrys requires humidity levels over 90% to grow, whereas most molds only require 35-70%.
Typically, a surface would need to be wet for at least 72 hours with consistent moisture for Stachybotrys to grow.
Furthermore, Stachybotrys commonly grows on drywall and wood rather than metal surfaces found in vents and ducts. However, it’s certainly not impossible for Stachybotrys to grow in vents either — it’s just not typical.
Green Orchard Group is a leading environmental health & safety firm in New York City. We are an NYS-licensed mold assessment and remediation company with over 25 years of experience.
Whether it’s Stachybotrys or a nontoxic species, any type of mold growth in your home should be removed to protect the health of you and your family.
If you live in a building with 10+ apartment units with more than 10 square feet of mold, NYC’s Local Law 55 requires your landlord to hire licensed mold assessors and mold remediators to address it.
If you have questions or need assistance dealing with a mold issue, call (212) 219-8261 or contact us using the link below.