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.
Landlord Turnover Requirements
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:
- Remediate all lead-based paint hazards and any underlying defects when such underlying defects exist. At a minimum this would mean wet scrape and paint.
- Provide for the removal of lead-based paint on chewable surfaces with evidence of teeth marks or encapsulate the surface with a hard, puncture resistant encapsulant.
- Provide for the removal of all lead-based paint on friction surfaces on all doors and door frames.
- Provide for the removal of all lead-based paint on friction surfaces on all windows or provide for the installation of replacement window channels or sliders on the friction surfaces.
- Make all bare floors, window sills and window wells in the dwelling unit smooth and cleanable
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 Violations
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:
- #614 Apartment Turnover Audit
- #618 Record Production Order
- #619 Safety Mailing Audit
- #620 Covered Building Audit
#614 Apartment Turnover Audit
§ 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.
#618 Record Production Order
§ 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.
#619 Safety Mailing Audit
§ 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.
#620 Covered Building Audit
§ 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.
Additional Resources
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.