New Lead-Based Paint Legislation: Local Law 111 of 2023 Effective June 2024

As of June 2024, New York City property owners and landlords will need to comply with Local Law 111 of 2023, a significant new piece of legislation aimed at reducing lead-based paint hazards. This law is an extension of the city’s ongoing efforts to protect public health, particularly the health of children who are most vulnerable to the harmful effects of lead exposure. If you are a New York landlord, property manager, or related company facing lead paint, mold, or toxic tort litigation in the greater New York City area, contact the Law Offices of Richard A. Fogel, P.C., for advice and representation from a skilled and experienced New York lead paint defense lawyer.

Understanding Local Law 111 of 2023

Local Law 111 of 2023 imposes new and stricter requirements on property owners than they were already under, especially those managing residential buildings built before 1978 when lead-based paint was commonly used. Lead poisoning is alleged to cause developmental delays and learning difficulties in children. It’s important for landlords and property managers to understand and comply with the law to avoid legal liability for noncompliance.

The new law introduces several key provisions that property owners must adhere to:

Existing law already requires landlords to investigate for the presence of lead-based paint within one year after a child under six comes to reside in a rental. Local Law 111 of 2023 adds this requirement for all rental units regardless of whether a child of applicable age resides there, with a deadline for completing the inspectionby August 9, 2025. This is in line with a law from 2020 requiring such inspection within five years, but Local Law 111 of 2023 establishes a firm date for compliance.

This inspection must use anX-ray fluorescence (XRF) analyzer on all types of required surfaces, including chewable surfaces, friction surfaces, and impact surfaces. XRF inspections of common areas must be performed in all rentals built before 1960 or between 1960 and 1978 if known to have lead paint. Such inspection is not required if one has been previously completed and the owner has retained records of the inspection or if the building is exempt from the presumption of lead paint.

Common areas were added to the inspection requirement with the August 2025 deadline. When conducting an inspection of a dwelling unit, Local Law 111 of 2023 requires visual inspection of common areas in the department inspector’s line of travel to the dwelling unit and, if practical, such areas in a different line of travel to an exit used by the residents of the dwelling unit.

This common area inspection is not required if common areas were inspected in the previous year, unless the department has received a complaint relating to presumed peeling lead paint in a nonexempt common area.

Under the provisions of Local Law 111 of 2023, the existence of lead-based paint in any common area of a multiple dwelling where a child of applicable age resides shall constitute a Class C Immediately Hazardous Violation if such paint is peeling or is on a deteriorated subsurface.

Impact on Property Owners and Landlords

Compliance with Local Law 111 of 2023 will require property owners and landlords to be proactive in managing lead-based paint hazards in common areas. Failure to comply can result in significant fines and legal action. Therefore, it is essential for property owners to understand their responsibilities under the new law and take the necessary steps to ensure compliance.

To comply with Local Law 111, property owners should:

• Conduct a Comprehensive Lead Assessment: Engage a certified lead inspector to perform a thorough assessment of all properties to identify any lead hazards.
• Implement Lead-Safe Work Practices: Ensure that all renovation and repair work is carried out by certified professionals following lead-safe practices.
• Educate Tenants: Provide tenants with information on lead poisoning prevention and keep them informed about any lead hazards in their units.
• Maintain Detailed Records: Keep meticulous records of all inspections, abatements, tenant notifications, and any lead-related work performed on the property.

While compliance with Local Law 111 may seem daunting, it offers several significant benefits:

• Health and Safety: Reducing lead hazards protects the health and safety of tenants, particularly children, and helps prevent lead poisoning.

• Legal Protection: Compliance with the law minimizes the risk of legal action and fines, providing property owners with peace of mind.

• Property Value: Well-maintained, lead-safe properties can enhance property values and appeal to a broader range of tenants.

Contact the Law Offices of Richard A. Fogel, P.C., for Help With Lead Paint Litigation in NYC

Local Law 111 of 2023 marks a critical step in New York City’s efforts to eliminate lead-based paint hazards and protect public health. As a property owner or landlord, understanding and complying with this new legislation is essential. By taking proactive measures to address lead hazards, you can ensure the safety of your tenants and avoid potential legal complications.

If you have questions about Local Law 111 or need assistance with compliance, the Law Offices of Richard A. Fogel, P.C. is here to help. Our firm is vastly experienced in toxic tort and lead paint defense and can provide the guidance you need to navigate these new requirements. Contact us today to learn more about how we can assist you in ensuring compliance with this important legislation.