Local Law 31 of 2020, went into effect on August 9, 2020 requires landlords to have X-Ray-Fluorescence (XRF)lead paint inspection conducted by EPA-certified inspectors to test for the presence of lead-based paint in old residential “multiple dwelling” buildings.
NYC Childhood Lead Poisoning Prevention Act (Local Law 1 of 2004), strengthening existing lead laws and expanding inspection requirements for landlords and building owners. This law ensuring that their properties are free of lead hazards. The goal is to prevent childhood lead poisoning, which can cause serious health problems, such as developmental delays and learning difficulties.
The law requires XRF lead paint inspections to be completed within five years of its effective date (by August 9, 2025) ...
The law requires that lead paint inspection be performed by an independent, EPA-certified lead inspector ...
New lead inspection requirements now mandate the use of X-Ray Fluorescence (XRF) analyzers for all surfaces in rental units .....
Contractors for home improvement work are required to demonstrate that they are certified by the EPA...
While building owners have until August 9, 2025 to have XRF inspections performed on all rental units, there is a more immediate requirement for units where a child under the age of 6 resides. In these cases, the XRF inspection must be performed within one year of August 9, 2020 (by August 9, 2021).
The purpose of these lead paint inspections is to identify any lead-based paint hazards, which can pose a serious health risk to young children.
The term "resides" means that the child either lives in the unit or spends at least 10 or more hours per week in the unit. This includes units in which a child may routinely visit or spend time, even if they do not live there.
If the XRF lead paint inspection identifies any lead-based paint hazards, the building owner is required to remediate these hazards in a timely manner. This can involve the removal or encapsulation of the lead-based paint, as well as other measures to ensure that the unit is safe for children.
"Under Local Law 1 of 2004 and the New York City Health Code, condos and co-ops that meet the definition of a "multiple dwelling" are subject to the lead paint inspection and remediation requirements.
Any condo or co-op unit that is being rented or sublet is subject to the new 5-year (or 1-year) XRF inspection requirements. However, if the unit is occupied by the owner, shareholder, or their family, they are exempt from the inspection requirements."
It is important for co-op and condo owners, shareholders, and landlords to be aware of these requirements and take the necessary steps to comply with the law in order to maintain a safe and healthy environment for their tenants and families.
Exposure to lead can cause a variety of health problems, particularly in young children. These can include learning disabilities, developmental delays, and behavioral problems.
In many jurisdictions, including New York City, building owners are required by law to have lead paint inspections conducted in certain circumstances.
Lead paint inspections can identify and locate any lead-based paint hazards, allowing building owners to take steps to remedy the situation and protect the safety of their residents.
By having a lead paint inspection conducted, building owners can have the peace of mind that they are providing a safe and healthy environment for their residents.
having a lead paint inspection and addressing any hazards identified can increase the value of a building, making it a more attractive investment.
By identifying and addressing lead hazards, lead paint inspections help protect public health and safety and promote a healthy living environment.
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