The final deadline for complying with Local Law 31 of 2020 is coming up. By Aug. 9, all rental units and common areas in most New York City buildings constructed before 1960 and in certain post-1960 buildings with known lead-based paint must be tested for lead using X-ray fluorescence (XRF) technology. The law requires these inspections to be completed by an EPA-certified lead paint inspector who is entirely independent of the owner or any contractor hired to perform remediation.

Local Law 31 is a public health law enacted to close the gap between presumption and proof by requiring owners to pinpoint where lead-based paint still exists before it turns into a hazard. Lead poisoning, especially in young children, can cause irreversible developmental, behavioral, and cognitive impairments. Many older buildings still contain layers of lead paint under newer surfaces, and when that paint chips, peels, or generates dust, particularly around windows and doors, it becomes dangerous.

We'll explain exactly who is required to comply, what areas must be tested, how the inspection must be conducted, what kind of records must be kept, what happens when lead is found, and how to avoid violations. We also explain how to prepare for inspections and what practical steps owners should take to avoid penalties.

Who Must Test, What Areas Are Covered

The testing requirement applies broadly. Any rental unit in a residential building constructed before 1960 must be tested for lead-based paint, regardless of whether a child lives there. Buildings constructed between 1960 and 1978 must also be tested if the owner has actual knowledge that lead paint is present. The law covers all non-owner-occupied apartments, including sublets and one- and two-family homes where the owner doesn’t reside on the premises.

If a child under 6 lives in the apartment or begins to spend 10 or more hours a week in the unit, the testing deadline accelerates: The unit must be tested within one year of the child’s occupancy, even if that date comes before the Aug. 9 deadline.

The law specifies that testing must be performed with an X-ray fluorescence (XRF) analyzer, which can detect lead in painted surfaces without damaging the underlying finish. Only an EPA-certified lead paint inspector or risk assessor, fully independent from the building owner and independent from any remediation firm, may conduct the inspection. Qualified contractors can be found by visiting www.epa.gov/lead and clicking on the module for finding an EPA or state lead-safe certified contractor.

In common areas such as stairwells, lobbies, and public hallways, testing is also required. Upper-floor corridors may be sampled according to a plan developed by your consultant, but stair components including treads, risers, balusters, and handrails must be tested on every floor.

Before the inspection date, give tenants written notice at least 48 to 72 hours in advance and offer flexible scheduling, including evenings or weekends if necessary. Document every attempt to gain access, as HPD may require proof that you made a good-faith effort. On inspection day, having a superintendent or building staff member accompany the inspector helps streamline the process. Take photos of door tags, collect tenant signatures, and keep a log of all units entered. These small details can make a big difference in satisfying HPD’s documentation requirements.

It’s also advisable to walk the building in advance and identify any peeling paint that might complicate the inspection. While XRF testing is not an enforcement action, visibly deteriorating surfaces may trigger a need for immediate remediation, especially in units with children. If lead is suspected on non-paint surfaces like railings or vinyl siding, the inspector may need to supplement with paint-chip testing, so it helps to flag those areas in advance.

Recordkeeping, Next Steps

Once testing is complete, the documentation must be retained for 10 years. That includes not just the report but also proof of the inspector’s certification, the equipment calibration, a detailed log of tested surfaces, and records of any access attempts. If paint-chip testing was used to verify surfaces not suitable for XRF (such as metal, vinyl, or ceramic), those results must also be on file.

If an apartment test comes up as negative at the 0.5 mg/cm² threshold, the owner can apply for HPD’s “Lead-Free” exemption. This eliminates the need for future annual notices or inspections related to that unit. Older tests conducted at the now-outdated 1.0 mg/cm² standard still count toward compliance, but can't be used to apply for an exemption, which makes re-testing at the lower threshold worthwhile in many cases.

If Lead Paint Is Found

It’s important to note that lead paint is not automatically a violation. If the surface is intact and no child under 6 resides in the apartment, the law allows owners to monitor the surface for signs of deterioration. However, peeling or damaged lead paint in any unit with a child under 6 is considered an immediate hazard. That hazard must be corrected without delay by an EPA-certified abatement firm. Once the work is complete, an independent firm must conduct clearance testing to verify that the area is safe. These requirements also apply to common areas if a young child resides anywhere in the building.

Remember that at apartment turnover, the law requires owners to take additional steps. Even if no lead violation has been issued, owners must abate all lead-based paint on doors and windows in any apartment that becomes vacant regardless of the incoming tenant’s age. That requirement has already taken effect for units where a child under 6 resides as of Jan. 1.