Lead paint laws new york protect renters, and young children most of all, from peeling or disturbed lead paint in older homes. The key rule to know: under lead paint laws new york, New York City landlords must send a notice every January asking if a child under six lives in your home, and you have until February 15 to send it back.
What Lead Paint Laws New York Actually Says
If a letter or lease addendum cites Local Law 1 of 2004, it usually means one of two things. Your landlord is asking whether a young child lives with you, or your apartment has a lead hazard issue. Either way, the law is on your side. It exists to protect your family.
Under lead paint laws new york, NYC’s rule is very specific. A lead-based paint hazard exists when paint is peeling or disturbed in a pre-1960 building where a child under six “resides.” Resides means the child routinely spends 10 or more hours per week in the unit. The only way out is testing showing less than 0.5 mg/cm² of lead in the paint.
The federal rule works differently. In most cases, it does not require a landlord to remove lead. Instead, it requires disclosure before you sign a lease on older housing. As a result, you know the risk up front.
| Provision | Exact rule | Section |
|---|---|---|
| Annual notice (NYC) | Sent in January; tenant responds by February 15 | NYC Local Law 1 of 2004 |
| Who counts as a child | Under age 6, routinely 10+ hours per week in the unit | NYC Local Law 1 of 2004 |
| Building age (NYC) | Built before 1960 | NYC Local Law 1 of 2004 |
| Lead paint threshold | 0.5 mg/cm² or more of lead | NYC Local Law 1 of 2004 (as amended) |
| XRF testing of all units and common areas | Due no later than August 9, 2025 | NYC Admin. Code 27-2056.4 |
| Owner record keeping | At least 10 years | NYC Local Law 1 of 2004 |
| Pre-lease disclosure | Housing built before 1978 | 24 CFR 35 |
Who Lead Paint Laws New York Covers (and Who It Does Not)
Statewide, lead paint laws new york start with federal disclosure. That rule typically covers rental housing built before 1978. It applies in Buffalo, Albany, Rochester, and every other part of the state. NYS Public Health Law 1370 adds state lead-poisoning protections. However, the exact state inspection and repair steps outside NYC should be confirmed with your county health department.
New York City goes much further. Local Law 1 of 2004 covers apartments in buildings built before 1960. The strongest duties kick in when a child under six lives in, or regularly visits, the unit for 10 or more hours a week. For example, a grandchild at your place for daycare three afternoons a week may count.
Some units can be exempt. For example, an owner may get an exemption if testing shows no lead paint at or above the legal threshold. HPD handles these exemptions. If your landlord says your unit is exempt, you can ask HPD to confirm it. Lead paint laws new york do not let an owner simply declare an exemption without proof.
What Your Landlord Must Do Under This Law
In NYC, the landlord’s duties are active, not optional. They must send the annual notice every January. If a child under six lives there, they must inspect your apartment and the common areas every year. They must look for peeling paint, lead dust, and related hazards.
Repairs must be done safely. HPD says any repair work must be done by certified workers using safe work practices. Dust must be contained. For example, a worker should not dry-scrape paint while your kids are home. The owner also had to finish XRF testing of all painted surfaces in apartments and common areas by August 9, 2025.
When HPD issues a lead violation, the owner must fix it and certify the fix within the time shown on the Notice of Violation. The exact number of days is printed on that notice, so check it. The work must be done by an EPA-licensed firm. Lead paint laws new york also require owners to keep all inspection and repair records for at least 10 years.
What You Can Do When It Is Broken
Start simple. Tell your landlord in writing about peeling paint or unsafe work. Take dated photos. Keep copies of everything. However, do not wait long if a young child is in the home.
If the landlord does not fix peeling paint, or the work is creating uncontained dust, you can call 311 or file a complaint online. HPD can inspect and issue violations. You can also look up your building’s violations on the HPD website. As a result, you build a paper trail that can help later.
If your child has a high blood lead level, see a doctor and ask about testing. Many tenants also worry about retaliation. If your landlord threatens eviction after you complain, contact a local legal-aid office or tenant attorney right away. Lead paint laws new york are meant to protect you, and legal aid can explain your options in housing court.
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Frequently Asked Questions
Do I have to tell my landlord I have a young child?
Under lead paint laws new york, NYC tenants are asked to return the annual notice by February 15. Returning it helps you, because it triggers yearly inspections of your apartment. Your landlord cannot use that information to discriminate against your family.
My building was built in 1965. Am I covered?
NYC’s Local Law 1 of 2004 mainly targets buildings built before 1960. However, federal disclosure under 24 CFR 35 still applies to housing built before 1978. Check with HPD about your specific building.
I live outside NYC. What protects me?
Outside the city, lead paint laws new york rely on the federal disclosure rule and NYS Public Health Law 1370. Local health departments handle many lead cases. In most cases, calling your county health department is the best first step.
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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.
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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.