Local Law 31

When consumed, lead is a dangerous metal that may poison humans, especially young ones. Lead poisoning in early children can result in permanent behavioral and learning issues. Although there are other ways to get lead poisoning, lead is frequently found in paint used in New York City apartments and residential structures constructed before 1960 (it was added to strengthen the paint). Old paint chipped, cracked, or deteriorated and left chips or dust on the floor. Young children may accidentally obtain paint chip flakes or dust on their hands and put it in their mouths. Because of this, lead may end up in the bodies of small infants.

In the event that the paint contains lead or has not been tested, the owner of the property is required to:

  • In units with children under six or in common areas of the building, keep an eye on painted surfaces and make the necessary repairs if you see peeling paint.
  • A yearly notice and inquiry procedure is part of this monitoring.
  • Federal and local laws must be followed while doing repairs, and this includes using certified companies and personnel who adhere to safe work procedures. Depending on whether general repair work is being done, work particularly aimed at removing lead-based paint, or work being done in response to violations issued by the New York City Department of Health and Mental Hygiene (DOHMH) or HPD, these criteria will vary.
  • When units are unoccupied, remove lead-based paint from the windows and doors (and perform additional repairs, see below).
  • By 2025, every painted surface should have been tested to determine the location of any lead-based paint.
    For a minimum of ten years, save all documentation pertaining to the aforementioned actions.

With Local Law 31, capital projects controlled by the city must use less energy than comparable types of existing buildings.

According to the current lead-inspection regulations, the bill adds the following requirements:

  • Within five years of the law's implementation date, August 9, 2020, or within a year of a kid under the age of six entering into the unit or presently residing there, all dwelling units are required to undergo XRF examinations.
  • An independent EPA-certified inspector is required to do these inspections. Inspections have to adhere to a set process.
  • It is mandatory for all home-improvement contractors (HICs) to provide proof that they hold an EPA certification and are ready to adhere to lead-based safety regulations.
  • As of August 9, 2020, all applicants for HIC licenses and renewals must submit a copy of their EPA RRP (Renovation, Repair, and Painting) Program Certificate or a signed statement on a form provided by DCA stating that the applicant will not be performing any home improvement work that requires an EPA certification.

What You Should Take Away From This

In New York City, building owners have until August, 2025, to arrange for lead testing of their units. However, the building owner is required to have an XRF examination completed within a year if a kid under the age of six moves into or stays in the unit.