If you own or manage residential buildings in New York City built before 1960, mandatory lead-based paint testing is due by August 9, 2025. Required under Local Law 31, this citywide regulation is designed to protect residents, especially children, from the health risks of deteriorating lead paint.
This is not an annual requirement, but it is a one-time XRF test that must be completed across all units and common areas of applicable buildings. With less than three months remaining, now is the time to act.
Who Must Conduct Lead-Based Paint Testing Under Local Law 31?
You must test if:
- You own a residential building with three or more units built before January 1, 1960
- You own a building constructed between 1960 and 1978 and are aware of the presence of lead-based paint
These types of properties also fall under these requirements: 1- or 2-family homes that you do not occupy; co-ops or condos where units are rented out (not owner-occupied); and common areas in any of the above buildings.
More information on HPD’s lead-based paint requirements
What Type of Test is Required?
NYC law mandates X-ray fluorescence (XRF) testing, performed at the 0.5 mg/cm² action level. This is not a simple visual inspection or surface swipe test. It must be conducted by:
- An EPA-certified lead inspector or risk assessor
- Someone independent from the owner or anyone involved in lead paint remediation
XRF testing identifies whether surfaces contain lead-based paint with precision and is considered the gold standard in compliance testing.
Where Must Testing Be Conducted?
Testing is required in:
- All rental units (including vacant or unrentable units)
- All common areas such as hallways, lobbies, stairwells, and shared laundry rooms
- All public spaces in covered properties
HPD will not accept partial testing. Owners must retain documentation for at least 10 years and provide records upon request.
What Are the Penalties for Noncompliance?
Failure to complete XRF testing by August 9, 2025, can result in:
- A Class “C” hazardous violation
- Civil penalties of $1,500 per unit or per common area not tested
- Ineligibility to clear related lead-based paint violations
- Increased enforcement risk during audits or tenant complaints
These violations can impact insurance eligibility, rent collection enforcement, and your ability to sell or refinance the building.
Are There Any Exemptions?
A building may be exempt if it has already been certified lead-free or lead-safe, was previously tested using XRF at the 0.5 mg/cm² threshold, and valid documentation can be produced showing full compliance. We encourage (and can assist in) filing for an exemption with HPD if your building falls under any of these categories.
How Prise Can Help
At Prise, we specialize in helping NYC building owners and managers stay compliant with Local Law 31 and other lead safety regulations. We coordinate with certified inspectors, track documentation, and manage scheduling across your portfolio, so nothing falls through the cracks.
We assist with:
- Inspector referrals from certified EPA providers
- Access coordination with tenants
- Compliance recordkeeping and affidavit templates
- Full documentation management for future audits
Need help getting started? Contact us at info@prisenyc.com to schedule your Local Law 31 testing support today.
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