What Happens If You Get a Lead Paint Violation

If you are a property owner or run a building management company, you likely know about lead paint and the impact it can have on your rental properties. Lead paint is, thankfully, no longer in circulation, but it still has lingering effects on our community as it is slowly phased out of the city’s old and historic buildings.

If your property was built before 1978, there is a good chance that its walls, banisters, or railings contain lead paint. While the presence of lead paint isn’t an immediate concern, the looming deadline of Local Law 31 should prompt you to test your property for lead.

But, what happens if you get a lead paint violation and how can that affect your property? Let’s dive into the details about lead paint and potential violations below.

Why Is Lead Paint a Problem?

You have enough going on with taking care of your properties and attending to all the needs of your tenants, so why should you worry about the kind of paint on your walls? Unfortunately, lead paint can make your tenants very sick, and it can become a long-term health hazard if the problem isn’t addressed.

Lead paint itself isn’t inherently dangerous, but the problems arise when the paint starts to wear away into dust or chips. If these particles or chips are inhaled, the lead can cause respiratory issues and other health concerns. Lead dust is considered a toxin, and it particularly affects children under the age of six.

Continued lead exposure leads to symptoms like:

• Headaches
• Loss of appetite
• Developmental delays
• Respiratory troubles
• Muscle and joint pain 

These issues can become chronic for families living in homes with lead paint. This is why Local Law 31 was passed back in August 2020 to offer protection and peace of mind. 

What Is Local Law 31?

Local Law 31 is an ordinance that requires multifamily building owners to have a certified lead inspector test for lead-based paint in buildings older than 1960. This law was passed with the goal of reducing the amount of lead paint exposure in the community.

It also gave these property owners five years after the law was signed to have this  inspection and testing. This means that if you are a property owner in the NYC area, you only have a few more months to get this done until you are in direct violation of Local Law 31.

What Are Lead Paint Violations?

Lead paint violations can occur if a tenant calls 311 to lodge a complaint about a potential lead paint hazard. The NYC Department of Housing Preservation and Development (HPD) will be required to inspect the apartment/building to perform an evaluation of the property.

If the HPD performs an XRF lead test and confirms the presence of lead paint or lead dust, the building owner will receive a violation and will be given a certain amount of time to fix the hazard.

Fixing a lead paint hazard can involve hiring a local lead paint removal team to remove the paint safely and securely, or you can invest in encapsulation. Encapsulating the lead paint hazard is less common, but can also be an effective way to prevent your paint from chipping away or flaking off.

Once the hazard is fixed, the HPD will come back into the building to do a final inspection. If the situation is not fully resolved, the HPD has the right to fix the hazard themselves. These costs may be passed on to you and could result in higher insurance premiums and increased property tax bills.

Can You Ignore a Lead Paint Violation?

You should never ignore a lead paint violation. If someone has complained about one of your properties, you need to take it seriously to avoid further issues down the road. To start, avoiding the problem is only increasing the health and safety risk of your tenants. This is especially true if you have small children living in your buildings.

For even more detailed advice, you can review these pro-active fire safety and prevention tips for your home to keep your property secure. While grilling is a summer activity, checking out these 4 holiday fire safety tips is a smart way to ensure you maintain a fire-safe environment all year long.

Secondly, ignoring a lead paint violation can result in fines and legal actions. Property owners can be fined up to $10,000 for ignoring a lead paint violation. The HPD can even take you to Housing Court to rectify the issue.

All of this sounds like expenses and a headache that you don’t want or need! Ensure your properties are in full compliance with Local Law 31 by testing for lead as soon as possible if you haven’t already.

What Is XRF Lead Testing?

XRF Lead Testing stands for X-ray fluorescence testing. It is a simple testing method that uses X-ray beams to detect the presence of lead in the paint on your walls, banisters, and door jambs. The beam shines on the paint and it emits a signal that determines the level of lead concentration (if there is any to be found).

The X-ray beams only penetrate the surface of the paint, making it a nondestructive test. In addition, the beams are strong enough to penetrate multiple layers of paint, so if you have an older building that has been painted many times, this test is strong enough to detect lead beneath the surface.

The test itself happens in just a few seconds, and you will receive your results shortly after. If lead paint is present on your property, you will work with the lead testing team to figure out your next steps. In most situations, we recommend complete removal of the lead paint.

To keep the lead dust to a minimum, wet hand scraping or wire brushing after wetting the surface are common removal practices. It can also be sanded off using a wet sander.

If you decide to encapsulate the lead paint instead, special sealants are applied to keep it from chipping or wearing away. Encapsulation paint can also be used to seal the paint against your walls.

Worried about what happens when you receive a lead paint violation? Skip the uncertainty and call Exit Mold at (516) 512-7877 for your XRF lead testing today!