New Lead Paint Requirements in NYC: Local Laws 111, 122, and 123

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.

• Local Law 111 of 2023
• Local Law 122 of 2023
• Local Law 123 of 2023

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.

Local Law 111 of 2023 – XRF Testing of Common Areas

• XRF Testing of Common Areas: Common areas of multiple dwellings in New York City must undergo an inspection for the presence of lead-based paint hazards using x-ray fluorescence analyzers. The inspection must be performed by a certified inspector or risk assessor according to federal regulations.
• Deadlines: XRF testing must be completed by August 2025, and records must be maintained and submitted to HPD upon request.
• Exemptions: Inspections are not required if a compliant investigation was previously completed, and records are retained, or if the dwelling unit has an exemption from lead paint presumption.
• Violations: The presence of lead-based paint in common areas, especially if peeling or on deteriorated subsurfaces, constitutes a class C immediately hazardous violation.

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 of 2023 – New Record Submission Requirements

• Record Submission Requirements: Whenever HPD issues a violation for lead-based paint hazard or turnover violations, building owners are now required to submit, within 45 days, records of the annual notice and any investigations conducted by the owner for the immediately previous year.
• Starting in August 2025: Owners must also submit records of XRF testing completed before 2025 as required by Local Law 31 (dwelling units) and Local Law 111 (common areas).
• Violation Dismissal: Violations issued for failure to produce records (owners are required to keep documentation of annual notices and lead-based paint investigations for 10 years) may now be dismissed if owners submit documentation of records for at least 3 years and makes a payment of $1000 for each year of the 10-year period for which documentation is not submitted.

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 of 2023 – New Lead Remediation Requirements

• Remediation Requirements: Upon turnover or if a child under 6 resides in a dwelling unit with presumed lead-based paint, the property owner must (1) remediate all lead-based paint hazards, (2) make floors, windows, and window wells smooth and cleanable, and (3) remove or abate lead-based paint on friction surfaces on doors and windows.
• Deadlines: The remediation work must be performed upon turnover of the dwelling unit. If a child under 6 resides in the unit as of January 1, 2025, the work must be performed by July 2027. If a child under 6 comes to reside in the unit after January 1, 2025, the work must be performed within 3 years of that date.
• Violations: Failure to comply constitutes a class C immediately hazardous violation. Presumed failure to comply, based on an audit or record submission request from HPD, constitutes a class B violation and a civil penalty of up to $1500

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:

• Remediating lead-based paint hazards and underlying defects
• Making floors and windows smooth and cleanable
• Abating lead-based paint on door and window friction surfaces

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.

Accurate & Reliable XRF Testing by Green Orchard Group

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.