4 Ways to Remove HPD Lead Paint Violations

Each year, NYC sends thousands of lead paint violations to building owners. As a building owner in NYC, this is more common than you think with apartment buildings constructed before 1960. If you receive a lead paint violation, you won’t be penalized if you properly remove the lead paint.

However, if a building owner does not correct or remove a lead paint issue, this may result in fines and penalties. As you continue reading, we’ll discuss types of lead paint violations, how to properly correct and remove them, and why you should contact a professional

4 Ways to Remove HPD Lead Paint Violations

What is a Lead Paint Violation?

Lead paint in your building can be present before you begin to notice the damage and effects. You’ll notice chipped paint, cracking, or even lead dust when damages appear. When this occurs, it creates a lead paint hazard that can pose a risk to anyone in your building, especially children under 6.

 

If there is any lead paint in an apartment building where a child under six is staying, the owners must have it removed by a certified inspection service as soon as possible. According to NYC Local Law 31, apartment building owners are responsible for taking care of any lead paint problems that may be present.

Different Types of Lead Paint Violations

If an inspector identifies that you have a lead paint hazard, they will issue an HPD violation. If you receive an HPD violation, you must be aware of three different types of violations. 

  • Presumed Lead Violation (Order 616): When an inspector notices that you have a potential lead paint violation (chipping or cracking paint), a presumed lead violation is given. Presumed lead violations are also received because the inspector is not in the position of having an XRF Lead Test completed at that particular time to confirm the presence of lead. 
  • Lead Paint Violation (Order 617): A lead paint violation is given by an inspector when there has been a potential lead paint hazard in a building with a child under six and has confirmed the presence of lead paint by using an XRF Lead Test inspection.
  • Record Production Order Violation (Order 618): According to NYC Local Law 1, building owners must follow safe practices and use a certified inspection agency when removing lead paint. HPD will ask for records to show compliance, and if not shown, it will result in a record production order violation. 

When to Contest a Lead Paint Violation

If an apartment building was built before 1960 and you have received a presumed lead violation, you will have the option to contest it. Contesting a presumed lead violation is suitable if your apartment building does not contain lead paint. Contesting can save you time and money before scheduling an XRF lead test inspection

When contesting a lead paint violation, you must prove to the HPD that the apartment building was built after 1960 or there is no lead paint present according to the XRF lead test testing.

In the final act of contesting a presumed lead paint violation, you must submit a Contestation Form and provide the required documentation. 

4 Ways to Remove HPD Lead Paint Violations

There are four ways to remove HPD lead paint violations.

Remediate the Hazard

The first step to removing HPD violation is remediating the hazard. You must complete the proper work to remove the lead paint hazard marked on the violation by the listed correction date.

How you remediate the lead paint hazard depends on the location of the lead paint. According to NYC Local Law 1, lead paint hazards can be removed by

  • Removing or replacing
  • Encapsulation
  • Repainting, or wet scraping
  • Containment

Dust Wipe Testing

After the lead paint hazard has been properly removed, to ensure proper cleanup, a dust wipe testing must be completed. Dust wipe testing is essential to ensure the remediation does not affect other apartment areas. If you are concerned about further contamination, schedule an XRF lead test inspection.

Submit Paperwork

To ensure the violation is correct; you must submit the proper paperwork to the HPD. When submitting paperwork, you’ll want to ensure that you’re submitting original copies and have all the correct dates.

Hire a Professional for Reinspection

After you have submitted the proper paperwork, HPD will set up a reinspection to ensure that any lead paint hazards have been removed. Once it is verified that the hazard is no longer present, HPD will remove the violation once it is verified. 

What Happens if I Don’t Resolve an HPD Lead Paint Violation?

Any lead-based paint hazard is considered hazardous, especially in apartment buildings with children under six. If you do not correct and clear the lead paint, HPD could issue you a hefty fine. In addition, if you don’t resolve HPD lead paint violations, it could result in litigation. 

Why You Should Contact Exit Mold if You Have an HPD Lead Paint Violation

Exit Mold is an experienced team of professionals with over 20 years of experience in the New York 5 Boroughs area. We perform advanced techniques for lead testing such as XRF lead testing.

We can give you a certified lead-based paint inspection to meet your needs and exhaust every step to help remove HPD violations.

In addition to XRF lead testing, we can perform mold remediation if needed.

Contact Exit Mold

Contact our professionals today to schedule an XRF Lead Test Inspection.

Address: 10 Brower Ave, Woodmere, NY 11598
Phone Number: 516-512-7877
Email: [email protected]; [email protected] 

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