Background: Local Law 1 vs. Local Law 31
NYC has two major lead paint laws that building owners need to understand:
NYC Local Law 1 (2004) — The original comprehensive lead paint law. Requires owners of pre-1960 multiple dwellings to annually investigate and remediate lead paint hazards in units where a child under 6 lives. Applies only when a child is present. Requires visual inspection and, when deteriorated paint is found, testing. This law is still in effect.
NYC Local Law 31 (2020) — The newer, more comprehensive requirement. Requires mandatory XRF testing of ALL painted surfaces in ALL units in pre-1960 multiple dwellings — regardless of whether a child lives there. This is a proactive testing requirement that goes far beyond Local Law 1's reactive approach.
Both laws apply. Local Law 31 is the reason most building owners need professional XRF testing now.
Who Is Covered by Local Law 31?
Local Law 31 applies to owners of pre-1960 multiple dwellings (residential buildings with 3+ units) in New York City. If your building was constructed before 1960 and has 3 or more apartments, you are covered.
Buildings constructed between 1960 and 1978 are NOT covered by Local Law 31's mandatory testing requirement, though EPA RRP disclosure rules still apply for pre-1978 buildings in real estate transactions.
Testing Deadlines Under Local Law 31
Local Law 31 established deadlines for completing XRF testing of all painted surfaces:
| Building Size | Original Deadline | Extended Deadline |
|---|---|---|
| 1-9 unit buildings | August 9, 2025 | — |
| 10+ unit buildings | 2030 | — |
Note: The deadline for small buildings (1-9 units) of August 9, 2025 has passed. If you own a pre-1960 multiple dwelling with fewer than 10 units and have not completed XRF testing, you are in violation and should pursue compliance immediately.
What XRF Testing Requires
XRF (X-ray fluorescence) is the required method for Local Law 31 compliance testing. Key requirements:
Results: What Happens When Lead Is Found?
When XRF testing identifies lead-based paint (≥1.0 mg/cm²), the building owner has obligations under Local Law 1 and nyc DOHMH guidelines:
Intact lead paint: Lead paint in good condition (not deteriorated, chipped, or peeling) requires documentation and an operations and maintenance (O&M) plan. Intact lead paint in good condition on surfaces not subject to friction, impact, or child access does not require immediate remediation.
Deteriorated lead paint: Deteriorated (peeling, chipping, flaking) lead-based paint must be repaired/remediated. Surfaces subject to friction (windows that stick) or impact (door frames) require hazard reduction.
Child-accessible surfaces with lead paint: When a child under 6 lives in the unit, NYC Local Law 1 requires remediation of lead paint hazards (not just intact lead paint) on child-accessible surfaces (below 5 feet in height).
Filing With NYC DOHMH
After completing XRF testing, results must be filed with the NYC Department of Health and Mental Hygiene (DOHMH). DOHMH maintains a database of lead paint status by unit/building. Buildings that fail to file test results face violations.
The Lead Rental Registry (Westchester County)
Note for property owners in Westchester County: the NYS Lead Rental Registry requires landlords in specific ZIP codes (10550, 10801, 10701, 10705) to register pre-1940 rental properties. This is separate from NYC's Local Law 31 and applies in Westchester, not in the five NYC boroughs.
How 123inspections Can Help
Our EPA-certified lead inspectors perform XRF testing component-by-component, document all results in a formal report meeting NYC DOHMH submission requirements, and provide you with the documentation you need for Local Law 31 compliance. We operate across all five NYC boroughs.