Here’s what NYC landlords and property managers should know about the recently passed lead-paint laws in New York City: Intro 6-A, Intro 193, and Intro 200.
 

Summary:
This new package of lead-paint laws, including Intro 6-A, include several provisions aimed at strengthening lead paint enforcement and prevention:
 

1. Peeling or Chipped Lead-Based Paint in Common Areas: The legislation designates peeling or chipped lead-based paint in common areas, including co-ops and condos, as an “immediately hazardous” violation. This means that landlords are required to address such issues promptly to ensure the safety of residents, especially children under six years old.

2. Lead Abatement While Tenants Are in the Unit: Intro 6-A mandates property owners to engage in lead abatement work while tenants are still residing in the apartment. This applies if a child under six years old lives in the unit. The abatement work includes addressing hazards and removing lead-based paint from friction surfaces like doors and windows.

3. Owner’s Expense: Landlords are responsible for covering the costs of lead abatement work, including remediation of hazards and abating lead-based paint on friction surfaces. This emphasizes the financial burden placed on property owners to ensure lead-safe living conditions.

4. Exemption for Tenant Relocation: If a tenant refuses to relocate from the unit during the lead abatement process, property owners are exempt from performing the work until the unit is turned over to a new occupant. This provides a measure of flexibility for property owners and acknowledges potential tenant concerns.

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Intro 6-A: Remediation of LBP in Dwelling Units in Multiple Dwellings

Intro 6-A focuses on the permanent removal of lead-based paint on friction surfaces, such as doors and windows, to ensure safer living conditions for residents, particularly children who are most vulnerable to lead exposure.

The primary goal of Intro 6-A is to eliminate lead hazards from friction surfaces, where paint deterioration can create a significant risk of lead exposure. The law applies to multiple dwellings erected before January 1, 1960, requiring owners to take proactive steps to remediate lead-based paint hazards.

 

• Remediation of Lead-Based Paint Hazards: Property owners must remediate all lead-based paint hazards and any underlying defects within a dwelling unit when there is a turnover of the unit. This applies to multiple dwellings erected prior to January 1, 1960, or other dwellings as determined by the department’s rules.

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• Smooth and Cleanable Surfaces: Property owners must ensure that all bare floors, window sills, and window wells in the dwelling unit are smooth and cleanable during turnovers.

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• Removal or Covering of Lead-Based Paint: Property owners must remove or permanently cover all lead-based paint on friction surfaces of doors and door frames within the dwelling unit.

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• Removal or Covering of Lead-Based Paint on Windows: Property owners must remove or permanently cover all lead-based paint on friction surfaces of windows, or provide replacement window channels or slides on lead-based painted friction surfaces of windows.

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• Safe Work Practices: All work performed under this law should adhere to safe work practices as outlined by the department’s rules.

Passed: Intro 6-A was passed by the New York City Council on August 3, 2023 and goes into effect 120 days after it becomes law (early December 2023).

Penalties: Failure to comply with the provisions of Intro 6-A can result in violations,bincluding class B violations with potential civil penalties.

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Intro 193: Lead-Based Paint Hazards in Common Areas

Intro 193 applies to shared spaces within multiple dwellings where children of applicable age reside. The goal is to identify and remediate lead-based paint hazards in common areas of multiple dwellings, contributing to overall lead exposure prevention efforts.

 

• Lead Hazard Identification: The presence of peeling or deteriorated lead-based paint in common areas is recognized as an immediate hazard under the law.

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• Violation Classification: Peeling or deteriorated lead-based paint in common areas
  constitutes a class C immediately hazardous violation according to the law.

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• Mandatory Inspections: Property owners are obligated to conduct inspections of arrival of a child of applicable age in a dwelling unit.common areas for lead-based paint hazards, triggered by specific events such as the

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• Visual Inspection: The Department of Housing Preservation and Development (HPD) is responsible for visually inspecting common areas to identify potential violations related to peeling lead paint.

Passed: Intro 193 was approved by the New York City Council on July 13, 2023. It takes effect 180 days after it becomes law.

Through Intro 193, New York City reinforces its commitment to minimizing lead exposure risks by addressing hazards in areas commonly shared among residents. The law’s enactment contributes to healthier living environments and reflects the city’s ongoing efforts to prioritize public health and safety.

Intro 200: Reporting on Objections to Orders for the Abatement or Remediation of Lead Conditions

Intro 200 introduces measures aimed at improving transparency and accountability in the process of addressing lead-related concerns in New York City. By focusing on the reporting of objections to lead abatement and remediation orders, this legislation enhances the city’s ability to monitor and respond to potential issues in a timely and effective manner.

Objection Reporting: The Department of Housing Preservation and Development (HPD) is tasked with submitting periodic reports detailing the number of objections received to lead abatement or remediation orders. These reports are made available to the public and officials, providing insights into the effectiveness of lead-related initiatives.

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• Frequency of Reports: HPD is required to issue reports twice a year. The first report covers objections received from January to June and must be submitted by August 30. The second report, covering objections from July to December, is due by February 28.

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• Withdrawn Orders: The reports include details on orders that have been withdrawn by the department, along with reasons for withdrawal. Reasons may include faulty paint sampling, inconclusive test results, or exemptions based on dwelling erection dates.

Passed: Intro 200 was approved by the New York City Council on July 13, 2023 and takes effect immediately after it becomes law.

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Through the enactment of Intro 200-A, New York City demonstrates its dedication to maintaining a comprehensive record of objections to lead-related orders, fostering transparency and accountability across all lead abatement and remediation efforts.