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Amherst, NY Building Safety: Lead Paint (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Applies to
Rental properties built before 1978
Certification required at
Registration, per § 44-4(A)(9)
Inspection authority
Commissioner of Building, § 44-13(A)(1)
Remediation proof
Licensed lead inspector compliance letter
Interim option
1-year interim control letter, renews once
Non-compliance risk
Loss of rental registration certificate

Summary

Owners of Amherst rental properties built before 1978 must certify awareness of lead paint risks and federal disclosure duties when they register, and the Building Department can order remediation and proof from a licensed lead inspector if testing finds lead-based paint violations.

(9) If the property was constructed prior to 1978, the owner shall certify that the owner is aware of the possibility of lead paint in the property; that the owner is aware of federal disclosure requirements concerning property that may contain lead paint and has complied with federal disclosure requirements; and that the owner is familiar with the use of lead-safe methods during painting, renovation, or repair of the property. Said certification will be made available for completion on the Town of Amherst webpage and in the Building Department at Town Hall.

Full Breakdown

Section 44-4(A)(9) requires that for registration, 'if the property was constructed prior to 1978, the owner shall certify that the owner is aware of the possibility of lead paint in the property; that the owner is aware of federal disclosure requirements concerning property that may contain lead paint and has complied with federal disclosure requirements; and that the owner is familiar with the use of lead-safe methods during painting, renovation, or repair of the property,' with the certification form available at Town Hall and online.

Section 44-13(A)(1) lets the Commissioner inspect pre-1978 units for lead violations or hazards as part of registration, and requires an owner found with existing lead-based paint violations to submit proof of completing a local EPA Accredited Renovation, Repair and Painting Training Program within the time the Building Department sets. ' Interim control letters last one year and can be renewed only once, and failure to remediate can cost the property its rental registration certificate.

Violations & Fines

Lead-based paint violations draw fines under the Town's general Chapter 83 penalty schedule referenced in § 44-12(C), and an owner who fails to remediate risks losing the rental registration certificate entirely. A one-year interim control letter from a licensed lead risk assessor may substitute for full remediation, but it can be renewed only once before full compliance is required.

Frequently Asked Questions

Do Amherst landlords have to disclose lead paint in old rentals?
Yes. Section 44-4(A)(9) requires owners of pre-1978 rental properties to certify, as part of registration, that they're aware of possible lead paint, know the federal disclosure rules, and understand lead-safe work practices, using a form from the Building Department or the Town website.
What happens if lead paint violations are found in an Amherst rental?
Under § 44-12(C), the owner must remediate: either get a compliance letter from a licensed lead inspector, or a one-year interim control letter from a licensed risk assessor, renewable only once. Failing to remediate can cost the property its registration certificate.
Can Amherst inspect a rental for lead hazards?
Yes. By registering, the owner of a pre-1978 unit consents to inspection for lead violations under § 44-13(A)(1), and any owner found with lead-based paint violations must complete a local EPA Accredited Renovation, Repair and Painting Training Program.

Sources & Official References

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