NYC: Local Law 1 of 2004 (Owner Responsibilities)

December 7, 2021 10:00 am

In New York City, Local Law 1 of 2004 presumes lead-based paint could exist in dwelling unit and common areas if:

  • The building was built before January 1, 1960;
  • The building has tenant-occupied apartments; and
  • A child under the age of six resides in the dwelling unit.
    • “Resides” means to routinely spend 10 or more hours per week in a dwelling unit, which includes both a child who lives in the apartment and a child who just visits for this period of time.

Since 2004, most of Local Law 1 has applied to residential buildings with three or more units. Starting in February 2021, all of Local Law 1 of 2004 also applies to tenant-occupied, one- and two-unit buildings.

For these apartments/buildings, the owner must:

  • Perform proactive activities to confirm that paint is intact.
  • Perform reactive activities to make sure peeling paint and deteriorated surfaces are properly remediated or abated.
    • The requirements for reactive work can depend on whether there is a child under the age of six residing in the unit, the amount of paint that could be disturbed, if work is performed in response to a violation from a city agency, or the type of work being performed.
  • Use safe work practices for any construction activities that disturb painted surfaces in a assuming the paint is lead-based paint unless the paint has already been tested.

These requirements also exist for dwelling units and common areas built between January 1, 1960 and January 1, 1978 if the owner knows there is lead-based paint.

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