A Comparison between

The New York City Childhood Lead Poisoning Prevention Act of 2003 (Intro 101A)

and Local Laws 1 and 50

ITEM

Local Law 1 and 50

Intro 101A

 

Child age of concern

under 7 years

same

 

Definition of Lead paint

0.7 mg/cm²

1.0 mg/cm² (same as LL 38)

 

Definition of Lead dust

Not explicitly addressed in statute, but current Health Code regulations incorproate federal standards, at 40 ug/ft² floors, 250 ug/ft² window sills, 400 ug/ft² window wells

Same federal standard: 40 ug/ft² floors, 250 ug/ft² window sills, 400 ug/ft² window wells. DHMH can set more stringent levels.

 

Lead Hazards - definition

As interpreted by courts, all lead paint, in any condition, must be abated (i.e., safely and permanently covered or removed)

Landlord must prevent any condition that causes exposure to lead from lead contaminated dust, lead-contaminated soil, or lead paint that is peeling or present on accessible surfaces that would result in an adverse health effect.

 

Presumptions in pre-1960 building.

All paint in any pre-1960 building is presumed to be lead paint.

Same (Note: this rebuttable presumption, which can be reversed by testing)

 

Landlords' duty to correct

Landlord has to prevent lead poisoning.

Same. Must also correct underlying defects, which are specifically defined as conditions that cause paint to peel

 

Duty to maintain safe dwelling

Landlord has continuous obligation at all times.

Same. Landlords must inspect at least once a year, and more often if neccesary as appropriate to the circumstances, to assure that dwellings are free from lead hazards.

 

Landlord Investigation for Children

None.

Similar to Window Guard Law (which works!) - Annual notice sent to tenant; if no response, landlord must investigate to ascertain if children present.

 

Owners duty to inspect

Continuous (although not specified in the statute)

At least annually - and more often if necessary, such as if landlord knows or should have known of condition that may cause lead hazards (such as leaking pipes or roof), or tenant complains.

Note that Courts have declared that under Local Law 1 landlords have a continuing duty to inspect for such conditions and are presumed to know.

 

No obligation unless owner has actual notice of child (i.e., constructive notice not enough).

Owner has duty if knows or should know children live in dwelling.

 

Scope of owner's

 inspection

Any and all lead paint, in any condition.

Inspection for lead hazards - which include peeling paint and conditions that could cause paint to peel or could create lead dust (such as scraping windows or doors)

 

No requirement to give tenant a written copy of inspections (but required by federal law upon lease inception or renewal)

Owner must give tenant written results of investigation, and keep copy, available to HPD and owner's successors in title

 

No specific penalties for noncompliance

Penalties for noncompliance

 

No such requirements

Notice given in leases to tenants of owners' and tenants' obligations

 

Record keeping by Landlord

Not specified. HPD had proposed regulations.

Exacting - for example, landlords must keep written records of all inspections, produce on request to HPD, and to the successor in title.

 

HPD inspections

Not specified in statutes. Draft regulations would require inspection w/in 10 days of complaint.

w/in 10 days of complaint

 

No such requirement. Presently, HPD inspectors can walk into an apartment and see small children or their toys, yet completely ignore obvious peeling lead paint violations because they were called in for something else, such as a leaky faucet. This fails to promote lead poisoning prevention and is a waste of scarce City inspector resources

When HPD enters an apartment for any inspection, required to find out if children under 7, and inspect for peeling paint

 

Targeted inspections by HPD

No such requirement. Inspections are made only in response to tenant complaints

HPD to audit, and if necessary, inspect all child-occupied units in a building when a child is reported lead poisoned.

 

HPD violations

Served w/in 20 days of inspection.

Served w/in 10 days of inspection.

 

No requirement to notify tenant of violation.

Notification of violation to be simultaneously sent to tenant

 

Owner has 24 hours correct (can be extended by HPD) from date of Notice of Violation.

Owner has 21 days to correct (HPD has authority, on a case by case basis, to extend by an additional 14 days by HPD if needed, and an additional 14 days if hazards are stabilized, and longer if renovations being done that permanently abate lead)

 

Certificate of correction by owner

By operation of Health Code § 173.14, landlord must complete dust tests. No specific requirement for Local Law 1 violations for submissions with certification of correction. Must be done by independent 3d party, must wait one hour for dust to settle, must take 4 samples, must pass set levels or else must re-clean and retest.


Landlord must submit clearance dust tests to HPD if certifying correction, using same methods as in Health Code § 173.14. Must provide results to tenants.

 

 

Submission of clearance dust test results

 

HPD shall not deem a violation removed until clearance dust test results submitted as required

 

HPD correction

 

HPD shall reinspect w/in 14 days of date set for correction, and if violation still not removed, HPD shall correct the violation w/in 45 days.

 

DoH obligation to inspect when child lead poisoned

DoH must inspect and order correction, and certify to HPD for correction if landlord fails to do so within 16 days of report of lead poisoning.

Same. Action level lowered from 20 to 15 g/dL, in response to current health research.

 

HPD correction of violations placed by DoH

(Note - these are violations placed when a child has become lead poisoned!)

HPD shall execute corrections w/in 18 days of referral by DoH .

Same.

 

Common areas

No requirements

Peeling lead paint or lead paint on deteriorated subsurfaces is a defined lead hazard.

 

Correction measures upon vacancy

Not specified

Wet scrape peeling paint, make bare floors smooth and cleanable

Remove or cover all lead paint on friction surfaces

 

 

 

Safety regulations

DoH Safety regulations, based on federal standards, apply. EPA certified workers required for removing lead violations.

Same. Non-cited violations can be handled by personnel who receive equivalent of HUD 1 day training.

 

Temporary tenant relocation during lead removal

Not addressed, but required by prior court orders.

Owners must provide if work cannot be performed without risk to tenants

 

Prohibition on Dry Scraping

Not addressed

Applies to homes, day care centers and schools

 

Provisions for Day Care Centers

No such requirements.

Similar requirements to residential section of bill.

 

Tax incentives for lead abatement

Not addressed

J-51 tax incentives expanded to cover lead inspections and risk assessments -- regardless of whether a child is already poisoned -- and abatement.