Lead paint in apartment buildings in New York City: your rights

There are two times when the owner has to remove lead paint from the parts of doors and windows that rub together. The first is when a unit turns over, and the job has to be done before anyone new moves in. The second is when a child under 6 starts living in the home.

Why doors and windows? Every time they open and shut, they rub old paint into dust. In a home where a child under 6 lives, work that disturbs more than 2 square feet of lead paint or untested paint must follow safe work practices.

Abatement means getting rid of lead paint or sealing it away for good, not patching it for now. Where a child under 6 lives, the deadline for the planned door and window work depends on the date the child arrived.

None of this means peeling paint can sit. The moment HPD, the city agency that enforces housing rules, issues a lead hazard violation, the owner gets 21 days.

When the owner learns that a child under 6 lives in the unit, a check for peeling paint and similar trouble is required at least once a year. Records of every lead job have to be kept for at least 10 years.

At lease signing and again at each renewal, a lead notice should come your way. The pamphlet "Lead Paint Hazards in the Home" goes to new tenants as well.

The owner must send you the Annual Notice between January 1 and 16. It asks whether a child under 6 lives in the apartment. It comes in English and Spanish, two copies of each. Please send the Annual Notice back by February 16, even if no child lives with you. If it doesn't come back, your landlord has to try to inspect the apartment, so you may get a request for access. That is a normal step, not a sign you're in trouble.

You have to let your landlord know when a child under 6 starts living in the apartment. Put it in writing so you have proof.

In New York City, paint in these homes is treated as lead paint unless an EPA-certified lead inspector tests it, finds no lead, and HPD grants an exemption. Owners of buildings built before 1960 were also supposed to test every painted surface once by August 2025, both inside apartments and in hallways and other shared spaces.

Which homes count?

• Buildings with 3+ apartments
• Rentals inside 1- or 2-unit homes
• Co-op and condo units where neither the owner nor the owner's family lives

To check peeling paint, HPD's inspectors use an XRF machine, a handheld tool that reads lead in paint without scraping anything. Since December 1, 2021, the city has used a stricter limit, so paint with even a small amount of lead (0.5 mg/cm2 or more) now counts as lead paint. Peeling paint is treated as a hazard unless testing shows it falls below that limit. If the first inspector doesn't have the testing machine, another inspector may come back within two weeks to test it.

Once HPD writes a violation, the owner has a set amount of time to fix it, depending on how serious it is. Lead paint hazards are class C, the most serious kind.

If the owner doesn't fix a class C lead hazard within 21 days, the city can fine them $250 a day, up to $10,000. Not keeping the required records can cost the owner up to $1,000. If the owner fails to act on a violation, HPD must attempt an emergency repair and bill the property for the work through the Department of Finance.

Paint left peeling, or work done unsafely? You can complain online or call 311. It costs nothing, and immigration status doesn't matter.

If you wrote to the landlord and nothing happened, you can file an HP proceeding in Housing Court. This asks a judge to order the repairs. Bring the letter you sent. If you cannot afford the court fee, you can apply for a fee waiver.

An HP proceeding asks the court to order repairs. A claim for harm to a child is a separate matter, one for an injury lawyer.