Local Law 31 of 2020 is the most recent update, which went into effect on August 9, 2020, and mandates X-Ray Fluorescence (XRF) lead inspections by Environmental Protection Agency (EPA)-certified inspectors to test for the presence of lead-based paint in old residential “multiple dwelling” 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 within one year of the law — by August 9, 2021. 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.

The new lead paint rules also apply ALL dwelling rentals, Per Local Law 29 of 2020, the definition of buildings with “multiple dwellings” now includes condos – co-ops, vacation rentals and one and two-family house rentals except the units occupied by the owners’ family.

The rule of thumb is, IF YOU ARE COLLECTING RENT, YOU ARE REQUIRED TO PERFORM XRF TESTING OF THE DWELLING.

X-Ray Fluorescence (XRF) analyzer inspections are now required for all surfaces in every rental unit for “multiple dwelling” buildings built prior to 1960 as well as for buildings built between 1960 and 1978 with known lead-based paint.

XRF lead inspections must take place by August 9, 2025, or within one year if a child under the age of 6 resides in or moves into the unit.

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.

Inspections must be conducted by a third-party, EPA-certified lead inspector or risk assessor, independent of the owner or any firm hired to perform lead-based paint remediation.

XRF analyzers are specialized machines containing radioactive isotopes that are used to determine the elemental composition of a sample surface.

Handheld XRF analyzers are specialized machines containing radioactive isotopes used by trained professionals to detect the presence of potential lead hazards. 

In order to be compliant with Local Law 31, testing must be performed by EPA-certified lead professionals. Typically, XRF inspections take 1 – 2 hours to complete and come with an extensive report of findings detailing all surfaces inspected.

Local Law 31 inspection reports must made available to HPD upon request.

What Are Lead-Based Paint Hazards?

Common examples of lead-based paint hazards include:

• Lead paint on doors, door frames, windows, and windowsills that stick or rub together causing dust from deteriorating paint.
• Peeling, chipping, curling, cracking paint.
• Lead paint on surfaces that children can chew or bite. 
• Dust from deteriorating lead paint
• Lead paint on deteriorating wood