Lead Paint Law Compliance: XRF Inspections Required for NYC Buildings by August 2025
Under Local Law 31 of 2020, and reinforced by Local Laws 111, 122, and 123 of 2023, most residential buildings constructed before 1960 must complete certified XRF inspections of apartments and common areas by August 9, 2025.
Building owners must now conduct lead-based paint testing using EPA-certified methods. This requirement is enforced by the NYC Department of Housing Preservation and Development (HPD), and the clock is ticking.
Why does this matter? Because even intact lead paint can release dangerous dust when disturbed. Surfaces like windows, doors, and stair rails can pose risks not only to children, but also to workers and residents during routine maintenance or renovation.
Who Needs to Comply?
This applies to residential buildings:
- Built before 1960, or
- Built 1960–1978 if lead-based paint is known to be present
And includes:
- All dwelling units, whether rented or owner-occupied
- All common areas, including: hallways, lobbies, stairwells, laundry rooms, fire escapes, exterior facades
Owner-occupied units are exempt only if they are not being sublet.
If a co-op, condo, or 1- to 2-family home is owner-occupied and not rented out, XRF inspection is not required. However, once a unit is sublet, even temporarily, it becomes subject to all lead inspection and compliance requirements under Local Law 31.
What’s the Deadline?
The inspections must be completed:
- By August 9, 2025, or
- Within one year of a child under 6 moving into a unit, whichever comes first
What If There’s No Lead Paint?
If an EPA-certified inspector determines that a unit or building has no lead-based paint, or that lead-based paint has been fully abated, owners can apply for a Lead-Free or Lead-Safe Exemption with HPD.
These exemptions may reduce or eliminate future obligations, such as annual notices or remediation requirements, but must be properly documented and submitted to HPD.
What Does the Inspection Involve?
You’ll need to hire an EPA-certified lead inspector or risk assessor to conduct an XRF (X-Ray Fluorescence) inspection. This method safely and accurately detects lead paint on:
- Friction surfaces (windows, doors)
- Impact surfaces
- Chewable surfaces
- Any surface in poor condition, including common areas
What if Lead Paint is Found?
If lead is detected, you must:
- Remediate or abate hazards using safe work practices
- Use EPA-certified workers for all lead-related work
- In some cases, perform clearance testing after the work is complete
All work involving lead paint must be performed by EPA-certified firms following lead-safe work practices, including proper containment, cleaning, and clearance testing. This includes either RRP-certified workers or firms trained in abatement protocols, depending on the scope of the work.
What if a Child Under 6 Resides in the Unit?
If a child under six was living in the unit on January 1, 2025, the property owner must:
- Abate lead-based paint on door and window friction surfaces
- Remediate all lead hazards, including ensuring all floors are smooth and cleanable
- Finish all required work by July 2027
If a child under six moves into the unit after January 1, 2025, the same work must be completed within three years of the child’s move-in date.
These requirements are in addition to the XRF inspection mandate, and they apply whether or not lead hazards have been directly observed. Compliance is based on the building’s age and the presence of a child under six.
What Are the Recordkeeping Requirements?
Building owners are required to maintain records of lead-based paint inspections and any related remediation for at least 10 years.
Starting in September 2024, HPD may dismiss a recordkeeping violation if the owner:
- Submits a dismissal request with all 10 consecutive years of required records, or
- Submits at least 3 years of records, and pays $1,000 per missing year (up to 7 years) once HPD confirms the documentation is sufficient
Failure to maintain these records could result in violations and fines even if the inspection and abatement were properly performed.
What Are the Risks of Noncompliance?
- Violations from HPD
- Owners may face civil fines of up to $1,000–$1,500+ per violation, and HPD can place liens on the property for non-payment
- Delays in sales, refinancing, or insurance renewals
- Tenant complaints or exposure risks
What Else Do Owners Have to Do Every Year?
In addition to the XRF testing deadlines under Local Law 31, owners must continue to follow ongoing requirements under Local Law 1 of 2004, including:
- Sending annual lead paint notices to tenants
- Investigating whether a child under 6 lives in a unit
- Remediating hazards during apartment turnover, including making floors smooth and cleanable
These obligations apply to many buildings regardless of XRF inspection status.
What Should You Do Next?
If you haven’t yet arranged for inspections, or aren’t sure where to begin, it’s time to start planning. RAND does not perform lead inspections or testing, but if you have a current or upcoming project with us, we can help identify where Local Law 31 applies to your buildings and coordinate inspection timing.
Learn more at HPD’s Lead-Based Paint page: https://www.nyc.gov/site/hpd/services-and-information/lead-based-paint.page
