Navigating NYC’s XRF Testing Requirements for Lead Paint

1. Why is XRF testing mandatory for pre-1960 buildings?

While buildings built before 1960 are presumed to have lead-based paint, the law requires XRF (X-ray fluorescence) testing to confirm this presumption. This scientific testing provides property owners with clear data on the exact locations and extent of lead paint within each unit and common area. This information is critical for complying with all aspects of NYC’s lead-based paint regulations (Article 14 of the Administrative Code).

2. Am I required to perform XRF Testing annually?

No, this is a one-time inspection requirement. However, once the testing is completed, you must keep all records for audit purposes.

3. Do I need to test vacant units?

Yes. The law requires that all units be tested, regardless of their occupancy status or condition. This includes units that are vacant or currently under repair.

4. What should I do if I can’t gain access into a unit to perform an XRF Test?

You must make a good-faith effort to gain access and document everything. HPD requires diligent efforts:

• Provide written notice to tenants 48-72 hours in advance detailing the purpose, date, and time.
• Use multiple contact methods (calls, emails) as reminders.
• Offer flexible scheduling, including evenings or weekends, and allow for rescheduling.
• Keep meticulous records: Document every attempt to contact the tenant. If access is still denied after notifying by certified mail, you must keep an affidavit detailing your efforts. This documentation is crucial for proving compliance attempts to HPD.

5. How do I show proof that I tested my building?

You MUST keep and maintain the testing records provided by your contractor for at least 10 years. You must be able to provide these documents to HPD when requested for an audit.

6. What is the penalty if I don’t complete the testing in time?

Failure to comply can lead to a Class “C” immediately hazardous violation. This can result in significant civil penalties, potentially up to $1,500 per untested unit or common area.

7. Who is authorized to perform the lead-based paint inspection?

The inspection must be conducted by an EPA-certified Lead Inspector or Risk Assessor. Crucially, this professional must be independent—they cannot be the property owner, an employee, or part of a firm involved in any subsequent lead paint remediation work on the property. You can find qualified professionals through the official EPA website.

8. When must lead-based paint XRF Testing be performed?

All required testing in rental units and common areas must be conducted by August 9th, 2025. The testing must use an action level of 0.5 mg/cm² to identify lead-based paint.

9. Are there any exceptions to this inspection requirement?

No. All units and common areas in applicable buildings must be tested as required by the law.

10. I own a Co-op/Condo, do I need to test?

Any Co-op or Condo units that are being rented out and are not occupied by the owner or the owner’s family must be tested. While the individual owner-occupied unit is exempt, all public/common areas of the building must still be tested.

11. What areas must be tested?

Testing is required for buildings built before 1960, or between 1960-1978 if lead paint is known to be present. The specific areas include:

• All residential units in buildings with 3 or more units.
• Rental units in 1-2 family homes.
• All common areas in qualifying buildings (lobbies, hallways, stairwells, etc.).

12. How long must landlords keep records related to lead-based paint inspections?

Property owners must keep all lead-based paint records for at least ten years and provide them to HPD when requested. This includes annual notices, tenant responses, inspection reports, and testing results.

13. What happens to these records if the property is sold?

When ownership of the property changes, all lead-related records must be transferred to the new owner as part of the sale.

14. What specific records must landlords keep for this inspection?

You must maintain a comprehensive file including:

• The names of inspectors or contractors who performed the inspection.
• Proof of qualification for the EPA-certified inspector and their firm.
• The full lead-based paint testing results/report provided by the inspector.
• An affidavit signed by the certified individuals who performed the testing.

15. What should I do if testing finds no lead-based paint?

This is great news! We highly recommend you apply for a Lead-Free Exemption with HPD. Once your units are granted this exemption, you are no longer required to provide annual lead notices to tenants or conduct annual investigations for lead paint hazards, saving you time and administrative work.

16. If I already tested at the 1.0 mg/cm², do I need to retest at the 0.5 mg/cm² level?

For basic compliance, you are not required to retest if you have the original XRF report. However, if you want to apply for a Lead-Free Exemption, you will need to retest at the newer, stricter 0.5 mg/cm² level.

17. What are my responsibilities if a surface tests positive for lead?

Your course of action depends on the paint’s condition and whether a child under six resides in the unit:

• Scenario 1: Peeling Paint with a Child Under 6: This is a lead-based paint hazard requiring immediate action. You must hire an EPA-certified Abatement firm to correct the issue using lead-safe work practices. After the work is done, an independent firm must conduct dust clearance testing.
• Scenario 2: Peeling Paint, No Child Under 6: While not an immediate emergency, it is a best practice to repair the surface. Work must still be done by an EPA-certified Renovation or Abatement firm. Note: If there is an open HPD violation on the surface, an Abatement firm must be used.
• Scenario 3: Intact Paint (Not Peeling): No immediate action is required. However, you must monitor these surfaces over time. If they begin to peel, you must address them as described above. Additionally, lead-positive door and window friction surfaces must be abated upon turnover of the apartment.