New Lead-Based Paint Legislation: Local Law 123 of 2023 Takes Effect September 1, 2024

On September 1, 2024, a significant new law took effect in New York City: Local Law 123 of 2023. This legislation, which addresses lead-based paint hazards, is designed to protect tenants and especially children from the dangers of lead poisoning. As lead exposure continues to be a major public health concern, Local Law 123 imposes stricter standards on landlords and property owners, mandating comprehensive compliance measures to prevent lead exposure in residential buildings.

For those who own, manage, or maintain buildings constructed before 1960, it is vital to understand the requirements of Local Law 123 and the potential liabilities associated with violations. Below, we explore the key aspects of the legislation and what landlords and property owners should know as they prepare for the law’s implementation. For strategic defense against lead paint lawsuits in New York, contact the Law Offices of Richard A. Fogel, P.C., to speak with a skilled and successful New York lead paint defense lawyer.

Key Provisions of Local Law 123

Local Law 123 builds upon previous lead paint regulations in New York City, specifically Local Law 1 of 2004. The new legislation introduces several notable changes regarding testing for lead-based paint, as well as recordkeeping and audits related to lead-based paint.

Increased Inspections for Pre-1960 Buildings

The law mandates more frequent inspections for multiple dwelling units constructed before 1960, where lead-based paint is more likely to be present. Landlords and property owners are required to conduct annual visual assessments for lead-based paint hazards in apartments where children under the age of six reside. Under Local Law 123 of 2023, if a child under six comes to reside in a unit with presumed lead-based paint after January 1, 2025, the owner “must abate the lead-based paint on door and window friction surfaces, and remediate lead paint hazards, including making all floors smooth and cleanable by July 2027 or within 3 years of the date that the child comes to reside there.”

Improved Record-Keeping and Reporting Requirements

Property owners will be required to keep detailed records of lead inspections and any remediation efforts. This documentation must be submitted to the New York City Department of Housing Preservation and Development (HPD) and made available to tenants upon request. Failure to provide accurate records can lead to significant fines and penalties. Specifically, Local Law 123 of 2023 requires owners to provide annual notice and investigation records whenever lead-based paint hazard or turnover violations are issued. Another piece of the law requires an owner to provide XRF testing records whenever a lead-based paint hazard or turnover violation is issued. This latter provision will not go into effect until August 2025, although owners are already required to have certain XRF testing records by law. XRF testing is also being expanded under Local Law 111 of 2023 (see New Lead-Based Paint Legislation: Local Law 111 of 2023 Effective June 2024).

Legal and Financial Implications for Property Owners

Local Law 123 of 2023 places a substantial legal and financial burden on landlords and property owners. Regardless, non-compliance can lead to serious consequences, including:

• Fines and Penalties: Failure to comply with the new lead paint regulations can result in hefty fines, with penalties escalating for repeat offenses. In addition, landlords may face lawsuits from tenants if a child is exposed to lead in their building.

• Liability for Lead Poisoning: Landlords who do not take adequate steps to remediate lead-based paint hazards could be held liable for damages in personal injury lawsuits. Lead poisoning, particularly in children, can result in long-term developmental and cognitive issues, and New York courts have historically awarded substantial compensation to victims.

• Increased Costs for Compliance: Complying with Local Law 123 of 2023 will likely lead to higher costs for property owners. From regular inspections to lead paint abatement and record-keeping, the financial burden can be significant, especially for owners of older buildings with multiple units.

How Our Toxic Tort Defense Attorney Can Help

As Local Law 123 of 2023 goes into effect, property owners must take proactive steps to ensure compliance and minimize their liability exposure. However, even with the best efforts, disputes may arise, leading to potential legal action. This is where an experienced toxic tort defense attorney can provide critical assistance.

At the Law Offices of Richard A. Fogel, P.C., we understand the complexities of New York’s lead paint regulations and have extensive experience defending property owners in toxic tort claims. If a lawsuit arises, our firm is equipped to provide a strong defense. We represent landlords and property owners in lead paint exposure claims, working diligently to mitigate liability and protect our clients’ interests. Whether through negotiation, settlement, or litigation, our team has the skills and experience to handle toxic tort cases involving lead-based paint.

What Property Owners Should Do Now

With Local Law 123 of 2023 now in effect, property owners should take several important steps:

• Conduct Lead Paint Inspections: Schedule inspections of any pre-1960 buildings where a child under six resides to identify potential lead paint hazards. This can help prevent costly violations and lawsuits in the future.
• Hire Licensed Professionals for Remediation: If lead-based paint is found, ensure that any remediation efforts are conducted by licensed contractors who follow New York City’s lead paint safety standards.
• Keep Detailed Records: Maintain thorough records of inspections, tenant notifications, and any remediation efforts. This documentation will be crucial if HPD requests it or if a lawsuit arises.
• Consult with Legal Counsel: Given the legal and financial risks associated with Local Law 123 of 2023, consulting with an experienced toxic tort defense attorney can help property owners understand their obligations and develop a compliance plan.

Contact the Law Offices of Richard A. Fogel, P.C. for Lead Paint Litigation Defense in New York

Local Law 123 of 2023 marks a significant step in New York City’s efforts to eliminate lead exposure in residential buildings, but it is only one law among many imposing substantial requirements. Property owners and landlords must be ready for the new requirements by ensuring compliance, conducting inspections, and taking appropriate remediation steps when necessary. For those facing legal challenges related to lead-based paint exposure, seeking the guidance of a knowledgeable toxic tort defense attorney can help navigate the complexities of this new legislation.

If you need assistance with a lead paint claim, contact the Law Offices of Richard A. Fogel, P.C. at 516-721-7161 for expert legal guidance.