NYC lead paint law, officially Local Law 1 of 2004, protects young children from lead paint in older rental buildings. If a letter or form cites Local Law 1, it usually means the NYC lead paint law applies to your home. The key test is whether a child under 6 lives there or regularly spends 10 or more hours a week in the apartment.
What NYC Lead Paint Law Actually Says
The NYC lead paint law starts from one simple idea. In most older buildings, the owner must assume the paint contains lead. They cannot wait for a child to get sick before acting. This applies to buildings built before 1960. It also covers buildings built between January 1, 1960 and January 1, 1978 when the owner knows there is lead paint.
The law focuses on apartments where a child under 6 “resides.” That means the child lives there or routinely spends 10 or more hours a week there. For example, a grandchild you babysit most weekdays may count. As a result, the NYC lead paint law can protect grandparents and caregivers, not just parents.
The rules have gotten stricter over time. As of December 1, 2021, paint counts as lead-based at 0.5 mg/cm², down from 1.0 mg/cm². Here are the key numbers:
| Provision | Exact rule | Source |
|---|---|---|
| Buildings presumed to have lead paint | Built before 1960, or 1960 to 1978 if the owner knows of lead paint | Local Law 1 of 2004 |
| Who counts as a child “residing” | Under age 6 and spending 10 or more hours a week in the unit | Local Law 1 of 2004 |
| Annual notice delivered | Between January 1 and January 16 each year | HPD rules under Local Law 1 |
| Tenant returns annual notice | By February 15 | HPD rules under Local Law 1 |
| Owner follow-up if no notice returned | February 16 to March 1 | HPD rules under Local Law 1 |
| Lead paint threshold | 0.5 mg/cm² (in effect since December 1, 2021) | HPD |
| XRF paint testing of all units and common areas | Deadline was August 9, 2025 | Local Law 31 of 2020 |
| Owner record keeping | 10 years | HPD rules under Local Law 1 |
Who NYC Lead Paint Law Covers (and Who It Does Not)
The NYC lead paint law covers rental apartments in older multiple dwellings. According to HPD, the XRF testing rule also reaches a rental unit in a one- or two-family home when the home was built before 1960. Typically, you are covered if you rent in a pre-1960 building, whether or not a child lives with you.
However, the strongest protections apply when a child under 6 resides in the unit. That is when the yearly inspection duty starts. Some units have an HPD exemption because testing showed no lead paint. Under the NYC lead paint law, exemptions granted under the old 1.0 mg/cm² standard are automatically revoked at the next turnover. That happens even if the owner never tells HPD.
Buildings built after 1978 generally fall outside these rules. If you are not sure when your building was built, ask HPD or check your building’s record on the NYC HPD website.
What Your Landlord Must Do Under This Law
Your landlord has a set schedule every year. First, they must give you an Annual Notice asking whether a child under 6 lives in your home. Second, if one does, they must inspect your apartment at least once a year for peeling paint and other lead hazards. Third, they must fix those hazards with trained workers using safe, dust-controlled methods.
The NYC lead paint law also covers apartment turnover. Before a new tenant moves in, the owner must remove or permanently cover lead paint on door and window friction surfaces. For windows, they can instead install replacement window channels or slides. All turnover work must be finished before you take occupancy. In addition, the owner must certify at lease signing that it was done.
Owners must also have had every unit and common area tested with an XRF device by August 9, 2025. The test must be done by an independent EPA-certified inspector or risk assessor. In most cases, you can ask your landlord for a copy of the results. Under the NYC lead paint law, owners must keep these records for 10 years.
What You Can Do When It Is Broken
If you see peeling paint, call 311 or file a complaint online. Do the same if repair work spreads dust through your home. HPD can inspect your unit and issue violations. For some lead violations, the owner has 21 days to correct the problem and certify the repair. Check the exact deadline printed on any violation you receive.
Penalties can add up. For example, HPD says failing to complete the required XRF testing is a Class “C” immediately hazardous violation. It can carry civil penalties of $1,500 per unit or common area. In fiscal year 2025, HPD audited close to 700 buildings. Over 600 received violations for skipping the annual notice and investigation. As a result, the NYC lead paint law has real teeth.
If your child has a high blood lead level, talk to your pediatrician right away. If your landlord threatens you for complaining, contact a local legal-aid office or a tenant attorney. This is especially urgent if you are facing eviction. You may be able to get free help through the city or a nonprofit legal-services group.
📨 Get Free Tenant Rights Guides Alerts
Free · No spam · Unsubscribe anytime
Frequently Asked Questions
I got an Annual Notice form. Do I have to return it?
Yes, you should return it by February 15. Under the NYC lead paint law, this form is how your landlord learns a young child lives there. If you skip it, the owner still has to follow up, but returning it protects your child sooner.
Does the law apply if my child only visits?
It can. The NYC lead paint law counts a child under 6 who routinely spends 10 or more hours a week in your unit. Grandparents and regular babysitters should mark the notice if that describes their situation.
Can my landlord raise my rent or evict me for reporting lead paint?
Retaliation against tenants who report housing problems is generally not allowed in New York. Still, every case is different. If you get an eviction notice after a complaint, contact a legal-aid office or tenant attorney right away.
Protect your stuff while you sort this out
A landlord’s insurance does not cover your belongings — renters insurance does, often for a few dollars a month. Compare options before your next move.
Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
See Tenant Rights in All 50 States →
Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
New York Renter Guides
- New York Eviction Process
- New York Tenant Rights
- New York Security Deposit Law
- New York Rent Increase Laws
- New York Repairs and Habitability
- Breaking a Lease in New York
Related Guides
- Tenant Rights by State (50-State Guide)
- More in This Category
- Tenant Scenarios — What to Do When…
- Notices, Letters & Documents
- Comparison Guides
- Tenant Rights Legal Glossary
Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.