The City's New Lead
Paint Hazard Reduction Law Went into Effect on August 2,
2004 Local Law 1 of 2004 ("Local Law 1") is a comprehensive
new law concerning the prevention of childhood lead poisoning
through the remediation of lead paint hazards in housing and
day care facilities. This legislation repeals the former lead
law, Local Law #38 of 1999.
Multiple Dwellings Covered Under the Law The
law covers all pre-1960 multiple dwellings. The law also
places certain responsibilities on owners in post-1960 to
pre-1978 buildings where the owner knows there is lead based
paint. Owners whose buildings fall into this category should
consult the law. The provisions of Local Law 1 do not apply
where title to a multiple dwelling unit is held by a
cooperative or condominium and the shareholder of record or
his or her family occupies the unit. The law does however
apply to cooperative or condominium units occupied by a tenant
or subtenant.
Owner
Responsibilities Under the Law As an owner of property
located in New York City, it is your responsibility to
familiarize yourself with Local Law 1 and to comply with its
requirements. The new law imposes a number of property owner
responsibilities, including:
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The law
requires annual notifications by owners to all occupants as
well as to occupants upon lease-up, lease renewal, and
agreement to lease or commencement of occupancy inquiring if
there are children under 7 years of age residing in the
unit. Owners must include a notice about owner
responsibilities under the law with each lease and must
provide a pamphlet informing occupants about lead. There is
also a requirement that owners physically inspect units
whose occupants do not respond to determine if there is a
child under 7 residing in the unit.
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Owners
must investigate units where children under 7 reside as well
as common areas in the property to find peeling paint,
chewable surfaces, deteriorated subsurfaces, and friction
and impact surfaces. This investigation must be conducted at
least annually, or more often if the owner knows about a
condition that may cause a lead hazard, or the occupant
complains about such a condition.
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Remediation of lead hazards, using safe work
practices and trained workers.
-
Making
apartments lead safe on turnover.
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Using
safe work practices for all repairs and renovations
performed in a unit where a child under seven resides and in
the common areas of buildings with such
units.
A complete
copy of the new law is available electronically as well as a
variety of information on lead treatment programs, training,
and a summary of owner responsibilities under the law is
available below.
Effective Date Information: The law is
effective on August 2, 2004
Contractor Certification
Requirements All construction undertaken on or after
August 2, 2004 for renovation work in dwelling units where a
child under seven resides and in the common areas of buildings
with such units must be done by trained workers.
Owner
Information about Lead Violations Local Law #1 also
provides that any lead violations issued by HPD under the
former law are valid. If you are an owner of a building that
has outstanding lead violations, such violations are subject
to correction only under the new standards set forth in
Local Law #1.
Owner
Information about Repairs and Renovations Owners should
also be aware that under the new law, not only lead
violations, but also any repairs or renovations that are
performed in dwelling units with children under age 7 must be
undertaken by trained workers and followed by
lead-contaminated dust clearance tests upon completion. Any
such work performed after August 2, 2004 is subject to the new
requirements under Local Law #1. For information on types of
training and certified training providers, go to the website
of the US Environmental Protection Agency at EPA WEBSITE
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