COMPARISON OF THE “CHILDHOOD LEAD POISONING PREVENTION ACT

OF 2003" AND THE RECENTLY NULLIFIED “LOCAL LAW 38"

PARAMETER

CHILDHOOD LEAD POISONING PREVENTION ACT (Intro 101A)

LOCAL LAW 38

(law nullified by Court of Appeals)

Definition of lead dust

Requires control of lead dust to federal standards: 40 ųg/ft2 floors, 250 ųg/ft2window sills, 400 ųg/ft2 window wells

Did not regulate lead dust at all. Lead dust was neither defined nor controlled under Local Law 38.

Definition of lead hazards

Any condition that causes exposure to lead from lead contaminated dust, or lead paint that is peeling or present on friction, impact or chewable surfaces that would result in an adverse health effect.

Only peeling paint or paint on deteriorated subsurfaces. Children were not protected against poisoning from lead dust generated by the friction of painted windows or doors opening and closing.

Landlord’s duty to correct

The landlord must prevent and expeditiously correct any lead hazard in a multiple dwelling. The landlord must also correct underlying defects, such as water leaks, that cause paint to peel.

The landlord only had to correct peeling paint. The landlord had no duty to prevent lead hazards or, under Local Law 38, to correct underlying defects that cause paint to peel.

Landlord investigation for presence of children

Similar to the current, successful Window Guard Law – annual notice sent to tenant in multiple dwelling; if no response, landlord must investigate to ascertain if children are present.

Like the old window guard law –which didn’t work! If the landlord received no response, no further investigation is required. The law provided no means to verify whether the landlord sent the notice and no penalty for non-compliance.

HPD inspection and issuance of violation

HPD must serve notice of a violation in a multiple dwelling within 10 days of inspection and notify the tenant simultaneously.

HPD had 20 days to serve notice of a violation in a multiple dwelling after of inspection and only had to notify the tenant at some unspecified time.

Deadline for HPD to correct the hazard if the landlord fails to act

Under the worst case scenario, HPD’s corrective action must take place within 91 days of the date that the violation was first issued.

Under the worst case scenario, HPD’s corrective action could be delayed up to 220 days of the date that the violation was first issued.

Safety measures for lead paint removal – to protect families and lead paint abatement workers

City Health Code safety regulations for lead paint removal would apply to all dwellings with children six years old or younger. 

For the first 21 days after receiving a violation, the landlord could ignore most of the City Health Code safety regulations while doing abatement; only a small portion of the standards apply. This encouraged landlords to do a quick – and dirty – job.

Daycare centers

Peeling lead paint must be removed safely;

No requirements at all.



.

 12/25/03

For more information, visit the NYCCELP website at <www.nyccelp.org>