• Lead Hazard - Defined
• A. Peeling paint or paint on deteriorated subsurface, and
• Multiple dwelling (i.e., 3 or more units), and
• Child under age 6 resides there, and
• Presumed lead paint (i.e., pre-1960 building), or known to be lead paint (any age building)
• Existence of Lead Hazard a Class C immediately hazardous violation
• Note that HPD not required to inspect post '60 building
• Lead Paint
• 1.0 mg/cm² by X-Ray Fluorescence testing ("XRF"), or (if cannot be measured by XRF)
• 0.5 % by weight
• Rebuttable presumption in pre-1960 building if peeling
• Owner's Investigation for Children in premises
• Must inquire if child under age 6 upon initial signing and renewal of lease.
• Must also send yearly notice to tenant inquiring if child under age 6 resides there between Jan. 1 and Jan. 16 each year.
• If tenant does not respond by March 1 to annual notice, or otherwise disclose or advise landlord of child under age 6, landlord does not have to inspect for and correct lead hazards, and cannot be cited for lead violations, may also have a defense in negligence action.
• Owner's Duty to Correct
• Lead Hazards, whether or not cited by HPD
• Note that there is no duty specified to inspect in post-1960 buildings
• If not cited, can use so-called "interim controls" (see below at VIII)
• If cited as violation, can use "interim controls" for 21 days afterwards, otherwise must follow safety regulations in Health Code at § 173.14
• Landlord Inspection for Hazards
• Applicability
• Pre-1960 building, and
• Multiple dwelling, and
• Tenant has returned inquiry notice for child under age 6, or landlord knows of child under age 6.
• When
• Once a year, or
• when a tenant complains of a lead hazard (28 R.C.N.Y. § 11-05(a))
• How - Visual inspection for peeling paint

• HPD Inspections
• Applicability
• Pre-1960 building, and
• Multiple dwelling, and
• Child under 6 resides there, and
• Tenant has complained.
• When - Within 10 days of complaint (15 in heat season - Oct 1 to May 31)
• How - visual inspection for peeling paint
• HPD must leave a pamphlet to be developed by DoH on lead hazards, and phone numbers for screening, (available in PDF format at http://www.nmic.org/nyccelp/Documents/leadpamphlet.pdf )
• HPD enforcement
• Violations issued 20 days after inspection
• HPD must send notice to tenant as well
• Landlord has 21 days to repair using "interim controls," then an extra 15 days using full safety regulations in Health Code § 173.14, can be extended extra 45 days
• Landlord must certify correction by mail within 5 days after the date set for completion
• Sworn statement that violation corrected in compliance with interim controls or Health Code § 173.14
• If contractor or agent did work, they must also give notarized statement
• If Landlord fails to certify correction, presumed that condition uncorrected, and HPD must step in and correct in 60 days
• If Landlord does certify correction
• HPD must reinspect within 30 days
• If certification false, HPD must issue notice of invalidity within 30 days
• Then HPD has a further 60 days to step in and correct
• If HPD fails to reinspect within 70 days, however, violation deemed corrected
• Owner's Duties Upon Vacancy:
• Must correct lead paint hazards,
• Using "interim controls" (no wipe tests)
• Make bare floors "smooth enough so that dust can be removed by normal cleaning without special equipment"
• Adjust doors (including cabinets) and windows so they don't bind on painted surfaces
• Certify compliance on notice given to new tenants.
• Failure to do so is Class C violation
• Interim Controls
• limit access to area ("where practical... seal off work area"
• Cover floor with polyethylene, plastic, or equivalent sheeting,
• Cover moveable objects, as above, or move them (after HEPA vacuuming)
• wet scrape peeling paint, using mister, repair deteriorated subsurfaces where painted
• HEPA vacuum (once) or detergent wash before repainting, and repaint
• wet mop or HEPA vac. each day, and visually inspect for debris, chips, and dust
• advise occupants to keep out of area until work done
• when work done, remove sheeting and debris in a safe manner, then HEPA vac. or detergent wash
• Adjust doors and windows to make sure they don't bind
• keep records of work for 3 years, transfer to subsequent owners, available to HPD on request
• If HPD placed violation, and
• if work done on wood trim or door, must do 1 surface wipe on floor;
• if work on wood trim or door near window, must do 2 wipe tests: window sill and well
• if work on window, 3 wipe tests: floor, sill and well

full text of LL 38 available at www.council.nyc.ny.us/pdf_files/bills/int0582.htm

implementing regs available at www.ci.nyc.ny.us/html/hpd/pdf/leadpamphlet.pdf

New York City Department of Health: www.ci.nyc.ny.us/html/doh/html/lead/lead38.html

"A Guide to New York City Local Law 38 of 1999" www.ci.nyc.ny.us/html/doh/html/lead/lead38.html

A Guide to Health Code § 173.14 Safety Standards for Lead Based Paint Abatement" www.ci.nyc.ny.us/html/doh/html/lead/labat.html

New York City Department of Housing Preservation and Development: www.ci.nyc.ny.us/html/hpd

"Lead Poisoning Prevention and Control: Work Practices and Procedures" (for Owners) www.ci.nyc.ny.us/html/hpd/pdf/leadpamphlet.pdf

Database of code violations: http://www.ci.nyc.ny.us/html/hpd/home.html