A recent bulletin from the Council of New York Cooperatives and Condominiums states that all New York City co-ops and condos with more than three residential units are subject to Local Law 31, which requires XRF testing for lead-based paint in common areas and non-owner occupied units. According to the council, test results don’t have to be filed, but records must be retained on site for 10 years. Not completing the tests by the Aug. 9 deadline could result in a Class C violation, carrying a penalty of $1,500 per unit and/or per common area.
What is Local Law 31?
Local Law 31 of 2020 is a vital piece of legislation in New York City aimed at protecting residents — especially children — from the dangers of lead-based paint and lead poisoning. Under this law, building owners/managers of residential buildings constructed before 1960 (or between 1960 and 1978 if known to contain lead paint) are required to conduct lead-based paint inspections by certified professionals. These inspections must be completed in apartments where children under 6 years of age reside, and must be conducted before August 2025, or within one year of a child under 6 years moving in.
The law strengthens previous lead safety regulations by mandating the use of X-ray fluorescence (XRF) analyzers for more accurate detection and requiring property owners/managers to maintain records of inspections and remediation efforts.
Local Law 31 is designed to reduce lead exposure in housing, which is a major public health concern in New York City. Lead poisoning can cause irreversible developmental delays, learning disabilities, and behavioral problems in children. By requiring proactive inspections and remediation, the law shifts the burden to landlords to ensure that homes are lead-safe.
What Are Tenants’ Rights?
If you rent in New York City, here are some of your rights:
Free lead hazard assessment: If your building was built before 1960, or between 1960 and 1978 and the building owner/manager knows it contains lead-based paint, and a child under the age of six years lives in or spends 10+ hours per week in your unit, you’re entitled to a free lead hazard inspection by HPD.
Safe repairs by the building owners/managers: If paint is peeling, chipping, or cracked — or appears on friction surfaces like window sills or door frames — the building owner/manager must fix it using certified contractors and safe work practices such as not resorting to dry sanding, daily wet cleaning, HEPA vacuums, containment and post‑cleanup lead dust testing.
Lease and move-in disclosures: At move-in or lease renewal, building owners/managers must provide:
• A Lead-Disclosure Lease Notice, certifying that required turnover work was done (or disclosing known lead paint), and
• A pamphlet titled “Lead Paint Hazards in the Home” in English and Spanish.
If the building owner/manager fails or delays repairing a hazard or uses unsafe practices, tenants may file a complaint with HPD or 311.
New York Lead Poisoning Lawyer
Whether you have been living as a tenant at a private apartment complex or in a public housing unit (the Projects), please remember that you have legal rights. If your child has been diagnosed with high blood lead levels, regardless of whether you live in public or private housing, you may be able to file a personal injury lawsuit against the New York City Housing Authority (NYCHA) (the Projects) or private building owners and building managers for damages. Those who have been affected can seek compensation for damages including medical expenses, cost of diagnostic tests, permanent injuries, lost income and benefits, disabilities, past and future pain and suffering, etc.
If your child has been affected by lead poisoning, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our firm recovered $1,162,500 for a child who suffered lead poisoning from paint in her apartment. The child’s injuries were subtle and difficult to recognize. We recovered $162,500 above the $1 million dollar total insurance policy in this case. Despite the judge’s efforts to settle the case for $950,000, we fought hard and recovered $162,500 more than the insurance policy of one million dollars. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys‘ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://cooperatornews.com/article/lead-paint-testing-must-be-done-by-august-9