For Flatbush owners, the lead-paint deadline is a near-term building-operations issue. The neighborhood has extensive pre-1960 multifamily housing, including smaller rent-stabilized properties where apartment turnover and maintenance work can create repeated compliance tasks.
Under Local Law 123 of 2023, owners of covered buildings must complete specified lead-paint work by July 1, 2027 in apartments where a child under six resided as of January 1, 2025. That date is less than nine months away. Other deadlines can apply sooner, depending on when a child moves into a unit or when the apartment turns over.
The work is not limited to fixing visible peeling paint. Owners need to identify affected apartments, arrange safe work, plan for possible relocation, and retain complete records. These requirements apply in Flatbush and East Flatbush as they do elsewhere in New York City.
Which Flatbush apartments are covered, and when is the work due?
The rules apply to multiple dwellings built before January 1, 1960. A child-under-six unit is an apartment where a child under six resides or routinely spends 10 or more hours per week.
Owners must perform the required work by the earliest applicable trigger:
- Child resided in the unit on January 1, 2025: Complete the required work by July 1, 2027.
- Child begins residing in an occupied unit after January 1, 2025: Complete the work within three years after the child begins residing there. HPD says the owner’s knowledge may come through the annual notice, a lease or renewal, written tenant notice, or another source of actual knowledge.
- Apartment turnover: Complete required turnover work every time an apartment becomes vacant and a new tenant is moving in, regardless of whether the new tenant has a child.
Tenants are required to notify owners when a child under six begins residing in the apartment. Owners should still use the annual notice and investigation process rather than rely on informal conversations alone. See HPD’s lead-paint guidance for child-under-six units and turnover.
What work may be required inside an occupied apartment?
In a child-under-six unit, required work is not limited to surfaces that look damaged. Depending on testing and the conditions found, it can include:
- Door and window friction surfaces: Abate lead paint on surfaces that rub together, even if the paint appears intact. Door work may require replacing a door or frame. For windows, required work may include removing or permanently covering lead paint, or installing replacement channels or slides.
- Chewable surfaces: Remove lead paint from surfaces with teeth marks or permanently cover them with an approved, hard, puncture-resistant encapsulant. HPD requires encapsulants to be applied by certified contractors.
- Peeling paint and underlying defects: Stabilize peeling paint and address the cause of deterioration, such as a leak. At a minimum, this can involve wet scraping and repainting.
- Bare floors and window areas: Make bare floors, windowsills, and window wells smooth and cleanable.
The legal definition of lead-based paint changed on December 1, 2021, when the threshold dropped from 1.0 to 0.5 mg/cm². Testing is also a separate obligation: HPD says covered pre-1960 rental units and common areas were required to be tested using XRF equipment by August 9, 2025. Testing must be conducted by an EPA-certified inspector or risk assessor who is independent of the owner and any remediation contractor. If your building has not completed required testing, treat that as an overdue item and confirm the applicable requirements with HPD or qualified counsel. Review HPD’s testing and exemption guidance.
A test identifies where lead paint is present; it does not replace required remediation. Owners should distinguish the inspection scope, the repair scope, and any required abatement or clearance work.
How should owners plan safe work and tenant relocation?
Lead-related work must follow HPD safe work practices. Use qualified, certified professionals for the work required, and confirm which certification applies to the specific job. Work that disturbs paint can create hazardous dust if it is not properly contained and cleaned.
Relocation depends on the work and whether it can be performed safely with occupants in the apartment. When it cannot, owners must request temporary relocation and provide or financially support suitable, decent, safe housing that is similarly accessible and free of lead hazards. These duties are addressed in Administrative Code § 27-2056.11(a)(1) and HPD Rule 28 RCNY § 11-06(g)(1)(ix)(E)(a).
If a tenant refuses to relocate, do not assume that the refusal cancels the owner’s responsibilities. Keep records of good-faith efforts, including the work plan, notices, scheduling attempts, and the relocation offer and response. Local Law 123 provides for an HPD-approved exemption in certain refusal situations, based on documentation. Owners should follow the applicable HPD process and retain the supporting file.
What records need to be retained?
Owners must keep turnover inspection and work records for 10 years. A well-organized file should include, as applicable:
- Annual notices, tenant responses, and investigation records
- XRF reports and inspector or risk-assessor qualifications
- Turnover inspection records and tenant notices
- Work scopes, contractor certifications, and safe-work-practice documentation
- Relocation offers, scheduling attempts, and tenant responses
- Dust-clearance results, where required
HPD can issue a Record Production Order requiring records within 45 days. HPD warns that failure to respond or incomplete records can lead to Class C violations and civil penalties of $1,000 to $5,000. See HPD’s audit and record-keeping requirements.
Lead hazards can also result in Class C immediately hazardous violations. You may encounter references to a “five-day Housing Court appearance” in discussions of hazardous-condition enforcement. That is not a universal lead-paint deadline; the date on a specific court document controls. Owners should promptly review and respond to any summons or court notice with counsel.
East Flatbush owners should also be aware of HPD’s Alternative Enforcement Program (AEP). AEP applies to selected distressed multiple dwellings based on violation and emergency-repair criteria; it does not apply automatically to every building in the neighborhood. HPD can impose fees, arrange repairs at an owner’s expense, or pursue legal action when a selected property does not meet program requirements. Check the status of the specific property through HPD’s AEP information. Records discipline matters in both lead compliance and broader enforcement; East Flatbush heat-season guidance offers related operating context.
What changes at turnover, including for older exemptions?
Turnover is a compliance checkpoint, not just a leasing task. Before a new tenant takes occupancy, owners must complete the required lead work and certify compliance on the Lease/Commencement of Occupancy Notice provided with the lease.
Some owners may have older lead-free exemptions based on the former 1.0 mg/cm² threshold. HPD states that these exemptions are automatically revoked at the next turnover under the lower 0.5 mg/cm² standard. Owners must notify HPD when a vacancy occurs. Do not rely on an old exemption as a substitute for checking the current status and turnover requirements.
A practical turnover checklist should flag the vacancy, verify any exemption, schedule required inspections and work, collect contractor and clearance documents, complete the tenant notice, and store the full record.
How does planning differ for a 30-unit and a 300-unit building?
The same rules apply, but the number of apartments changes the administrative workload and potential cost exposure.
| Building size | Planning example |
|---|---|
| 30 units | If six apartments have a child-under-six trigger, the owner needs to track six individual scopes, tenant schedules, work records, and any relocation needs, along with turnover work in other apartments. |
| 300 units | If 60 apartments have a child-under-six trigger, the owner is coordinating ten times as many affected units as in the 30-unit example. Testing, contractor availability, access, and record control need a building-wide tracking system. |
These are planning examples, not estimates of how many units in any particular property are affected. Actual costs depend on test results, the number and condition of friction surfaces, repair scope, contractor pricing, and whether temporary relocation is necessary. Door or frame replacement and relocation can materially change a project budget, so owners should avoid assuming that the work will be limited to repainting.
What should Flatbush owners do now?
With July 1, 2027 approaching, owners can take practical steps now:
- Inventory units and records. Review annual notices, lease and renewal files, written tenant notifications, and other reliable information to identify units where a child under six may reside.
- Check XRF testing status. Confirm that required unit and common-area testing was completed and that reports and inspector credentials are on file.
- Schedule qualified professionals early. Ask for a written scope that addresses friction surfaces, chewable surfaces, peeling paint, and underlying defects, not just visible paint damage.
- Budget for the full process. Include testing, contractor work, possible door or window components, clearance where required, and temporary relocation if safe occupancy is not possible.
- Build lead work into vacancy procedures. Confirm the exemption status, complete required work before occupancy, notify HPD of vacancies where required, and provide the tenant certification.
- Create a 10-year record system. Store notices, test results, work records, relocation documentation, and turnover certifications in a searchable location.
For owners coordinating compliance across older Flatbush or East Flatbush properties, a Property Management Company in Flatbush can help organize unit-level schedules, vendors, notices, and documentation. Owners seeking Property Management in East Flatbush or Property Management in East Flatbush Brooklyn should verify that lead compliance is tracked as an ongoing building operation, not handled only when an inspection or vacancy arises.
For questions about Local Law 1, contact HPD’s Lead Information Line at 212-863-5501.