NYC Lead Paint Laws: What Landlords and Tenants Need to Know

Lead paint in New York City is not a historical curiosity. An estimated 280,000 apartments in the city still contain lead-based paint, overwhelmingly in buildings constructed before 1960. The city has responded with a series of increasingly strict laws that impose real obligations on landlords and real protections for tenants.

The key laws

Three local laws form the core of NYC's lead paint regulatory framework. Local Law 1 of 2004 (LL1) requires landlords to identify and address lead hazards in apartments where children under six reside. Local Law 31 of 2020 (LL31) expanded inspections to all units in covered buildings, not just those with young children. Local Law 123 of 2023 (LL123), effective September 2024, further tightened requirements by lowering the lead dust action levels and expanding the definition of lead hazard.

What landlords must do

Landlords of pre-1960 buildings with three or more units must conduct annual inspections of every unit, not just units with children. They must use certified lead inspectors. If lead hazards are found, remediation must be completed within specific timelines: 30 days for Class B violations, 24 hours for Class C (hazardous). All work must be done by EPA-certified renovators using lead-safe work practices. The landlord must provide tenants with annual notices about lead paint and must keep records of all inspections and work for at least 10 years.

Tenant protections

Tenants have the right to request a lead inspection at any time. If a child under six lives in or regularly visits the apartment, the landlord has heightened obligations. Tenants cannot be charged for lead inspections or remediation. If a landlord fails to address lead hazards, tenants can file complaints with HPD, which can issue violations and order repairs. Landlords who fail to comply face fines starting at $1,000 per day for Class C violations.

The penalties are real

HPD issued over 9,000 lead paint violations in 2024. Fines for non-compliance range from $250 to $1,000 per violation per day. Repeat violators face enhanced penalties and can be referred for criminal prosecution. The city maintains a public database of lead violations that prospective tenants can search before signing a lease.

What changed with LL123

The 2023 law lowered the dust-lead action levels from 40 micrograms per square foot on floors and 250 on windowsills to 10 and 100 respectively. This means more apartments will test positive for lead hazards even if they passed under the old standards. Landlords were required to re-test all previously inspected units under the new thresholds beginning September 1, 2024.