Lead Paint Testing & LL31 / LL111 Compliance

Local Law 31 (enacted in 2020) and Local Law 111 (enacted in 2023) are part of New York City’s efforts to eliminate lead paint hazards in residential buildings. These laws apply to buildings built before 1960, and in some cases, between 1960–1978 if lead paint is known to be present.

LL31 requires landlords to conduct XRF lead paint inspections in all residential units in pre-1960 buildings, and in applicable 1960–1978 buildings. Every surface—walls, doors, trim, windows, and more—must be tested for lead-based paint by a certified inspector using an X-ray fluorescence (XRF) device. This must be done by August 2025, or within one year of a child under 6 moving into the unit, whichever comes first.

LL111 extends these requirements to include the common areas, adding stricter enforcement and tracking, especially for units where young children live.

If a child under age 6 "resides" or "regularly spends 10 or more hours per week" in the apartment, you are legally required to complete XRF testing and address any lead hazards within one year of their move-in (or sooner, depending on conditions). Annual visual inspections must also be documented and maintained for each of these units.

If the XRF inspection detects lead but the paint is intact and not peeling, chipping, or deteriorated, the unit is still considered safe. However, you must monitor those surfaces regularly and include them in your annual inspections. No immediate remediation is required unless conditions change.

If any surface tests positive for lead paint and is found to be deteriorated, the landlord must perform lead abatement or remediation. This work must be done using certified contractors under EPA and NYC HPD regulations. Depending on the severity, the timeline to act can be as short as 21 days. You’ll also need to pass a clearance dust wipe test afterward.

1. Repair Timeline & Work Requirements
Under NYC’s lead laws, the deteriorated lead paint must be corrected within 21 days of being identified—especially in a unit where a child under 6 resides. The work must be done using EPA-certified contractors, known as Lead Abatement or Lead-Safe Work Practices (LSWP) professionals, depending on the extent of the work.

• Minor deterioration (e.g., small areas under 2 sq ft per room) may be addressed using lead-safe work practices.
• Major deterioration or confirmed lead hazards in multiple areas usually require full abatement, which involves removing or sealing the hazardous materials permanently.

All work must comply with NYC HPD and EPA Renovation, Repair, and Painting (RRP) Rules, including proper containment, PPE, cleanup, and disposal protocols.

2. Clearance Testing After Repairs
Once the repairs or abatement are completed, the area must pass a clearance dust wipe test, conducted by an independent, certified inspector. The test involves collecting dust samples from floors, windowsills, and other horizontal surfaces in and around the repaired area.

If the dust test fails, additional cleaning and retesting are required until it passes. This step is mandatory to confirm the unit is lead-safe.

3. Documentation & Filing
Landlords must retain all documentation—including the original XRF report, abatement scope of work, contractor credentials, clearance test results, and any notices sent to tenants. These documents may need to be presented to HPD or DOB upon request or during audits.

Additionally, a HPD Lead Disclosure must be updated for that unit to reflect the findings and abatement details. If requested, owners may need to submit proof of correction through the Violation Removal Process or eCertification system.

If a tenant refuses entry for inspection, the owner must document at least two good-faith attempts to gain access—one written notice and one attempt in person or by certified mail. These attempts must be properly logged. HPD may require this documentation during an audit.

Failure to complete XRF inspections or properly address lead hazards can lead to civil penalties of $500–$1,500 per violation, per unit. In cases of severe or repeated non-compliance, landlords may face even higher fines or Class C violations, which can affect your building’s rating and ability to collect rent from certain tenants (especially Section 8 or voucher holders).