Under Local Law 31 of 2020 and Local Laws 111, 122 and 123 of 2023, landlords of pre-1960 residential buildings in New York City (“NYC”) must complete X-ray fluorescence (“XRF”) lead testing for all units and common areas by August 9, 2025, unless otherwise exempt. The NYC Department of Housing Preservation & Development encourages exemption applications, which can reduce future obligations if testing, conducted by an EPA-certified lead inspector, shows no lead or that all lead paint has been removed. If NYC landlords do not qualify for the exemption, however, failure to follow proper XRF lead testing and notification procedures by August 9, 2025, could lead to violations and penalties.

Landlords must send at least one written notice to tenants via certified mail and must include: (1) at least 24 hours’ advance notice of the test, (2) the reason for the test, and (3) available rescheduling time slots.  If a tenant denies access for testing, landlords must document all attempts to gain entry. Informal efforts are insufficient; affidavits from staff or inspectors specifying outreach methods are required.

Failure to comply could result in fines of up to $1,500 for civil penalties, plus additional penalties for inadequate recordkeeping, failure to conduct required inspections, or failure to certify the property as compliant with NYC’s housing and safety regulations. Tenant complaints could further escalate costs and penalties through additional inspections or legal action.

For more detailed information, visit the NYC Department of Housing Preservation and Development’s official page on lead-based paint requirements.

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If you have questions about this publication, please contact Adam Friedman, Ralph Vartolo or Michael DeRosa,
Friedman Vartolo LLP, 1325 Franklin Avenue, Suite 160, Garden City, NY 11530, Phone: (212) 471-5100 | Fax: (212) 471-5150.