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

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• 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.

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"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.

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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:

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• Perform proactive activities to confirm that the 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 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.

Owners must also retain the records of these activities for at least 10 years and, starting in May 2020, certify compliance with these activities as a part of the annual property registration. Penalties may be significant for failure to conduct these activities and maintain these records. The requirements in Local Law 1 of 2004 do not apply in an apartment in a building where the title is held by a cooperative or condominium and the shareholder of record or their family occupies the apartment. The law does apply to cooperative or condominium units occupied by a tenant or subtenant.