Understanding Local Law 31: What Local Property Owners Need To Know

If you are a property owner in New York City, you are most likely really busy no matter the time of year. A bustling community leads to a vibrant housing market, so all of the tenant changes, building requests and maintenance needs will keep you on your feet day in and day out. 

While the day to day tasks may seem to occupy your thoughts, it is still important to remember the “big picture” tasks that need to take place to keep your property in good standing. Have you heard of Local Law 31? If you are the owner or landlord of a multi-family property or residential property, you are required to test your building(s) for the presence of lead paint. 

But what is Local Law 31  and how does it all work? Let’s break down everything related to this lead paint testing law and how you can ensure your property is safe for all of the people under your roof. 

The History of Lead Paint in NYC 

New York City is known for its beautiful architecture and historic buildings, which means that many of the properties in our sprawling urban city are older and were built back before the turn of the century.

Up until 1978, lead paint was used widely on walls, banisters and door jambs as a more vibrant and longer-lasting paint compared to its traditional counterparts. It was widely accepted as a safe, budget-friendly solution until studies started to show that lead-based paint is actually considered a toxin and should not be used. It was banned from use in 1978, but that doesn’t mean the NYC community doesn’t have to worry about lead paint anymore.

Lead paint is toxic and is widely known to cause health problems the longer you are exposed to it. This is especially true for children under the age of six. As lead paint starts to wear away, the lead dust can be inhaled into the lungs, or curious children can chew on paint chips, blissfully unaware of the dangers lurking on the paint itself.

Long-term lead paint exposure leads to:

• Loss of appetite
• Feeling chronically fatigued
• Stunted growth
• Confusion
• Joint pain and muscle weakness

All of those issues can be troublesome for otherwise healthy adults, let alone children. Over time and although rare, chronic lead exposure can actually be deadly.

What Is Local Law 31?

In order to help reduce the number of chronic lead exposure cases in the NYC community, authorities built upon the NYC Childhood Lead Poisoning Prevention Act from 2004 to include Local Law 31. This law went into effect on August 9, 2020 and requires all landlords of buildings built before 1960 to hire a professional EPA-certified lead testing company to test their property for the presence of lead paint.

This law also includes a testing deadline to ensure all property owners comply in a timely manner. Your residential building must have documentation of this testing on file. There is also a consideration in place for buildings built between 1960 and 1968 to take community safety even further.

If you own a property built during this timeframe and you know that lead paint is present on your walls, you are required to undergo a professional inspection and lead paint removal.

Properties included in this requirement include:

• Single-family rental properties
• Multi-family rental properties
• Condos and townhomes
• Co-op apartments

If you own or manage one of these properties, it is imperative to ensure your property remains in compliance with these testing requirements.

What Does Lead Testing Look Like?

Once you hire a professional and EPA-certified lead testing team, they will handle the entire process for you from start to finish. An XRF test, or X-ray fluorescence test, is performed to help detect trace levels of lead around your property. It is a noninvasive test that uses X-ray technology to test lead levels in layers of paint.

If the test comes back conclusively that you have lead in your paint, a professional lead removal team can discuss your options with you. A complete removal and repainting of your space will remove the hazard, or in some cases, the paint can be encapsulated carefully so it becomes a safe area once more.

Is Lead Paint Obvious?

Unfortunately, the presence of lead paint is not always obvious. Lead paint may look like any other kind of paint while it is in good condition. The signs start to show when the paint begins to peel or chip away.

Signs of lead paint include:

• Peeling or chipping paint called alligatoring
• Chalky residue
• Bubbling or cracking 
• Fading paint that looks grey or blue in hue

While these signs are definitely a clear indication that something is amiss, you could also have lead paint buried under layers of newer paint that needs to be identified. That’s where XRF testing comes into play! This simple test can detect these layers beneath your other paint layers without damaging your property in the process.

What Happens If I Don’t Test My Property For Lead in New York City?

Compliance with Local Law 31 is a mandatory requirement for all affected property owners. If you fail to maintain these testing records, you will be exposing yourself to possible  fines or penalties. To start, it would be considered a Class C Hazardous Violation, which comes with a penalty of up to $5,000.

You could also be fined an additional $1,000 per year if you don’t get the testing done. That sure can add up to a lot of money over time!

The good news is that once your testing is done and the lead paint removal  process is finished, you are all set. You will simply have to keep your testing records provided by your contractor for 10 years and be ready to show them to any Housing Preservation and Development staff member if they inquire at your property.

Let us be your EPA-certified professional lead testers! Call us today at (516) 512-7877 to speak with one of the lead testing professionals at Exit Mold.