New York State Lead Law
New York’s lead inspection rules are layered: a state Public Health Law that targets high-risk communities, NYC’s strict Local Law 1 for pre-1960 multi-unit buildings, plus aggressive local ordinances in Rochester, Buffalo, and the upstate counties. Here’s what applies to you.
The four layers of New York lead law
NY lead compliance is the most fragmented of the four states we serve. The applicable rules depend heavily on the property’s location: NYC, Rochester, Buffalo, and several upstate counties each have their own regimes layered on top of state and federal law.
Layer 1 — New York State Public Health Law § 1370
The state’s Childhood Lead Poisoning Prevention Program operates under PHL Article 13, Title X (§§ 1370–1376). Key features:
- Mandatory blood-lead screening for all children at age 1 and age 2
- Reporting of elevated levels to the NY Department of Health
- Designation of “high-risk communities” where proactive landlord obligations apply
- Environmental investigation when a child has an elevated reading
- Authority for local health departments to issue lead hazard remediation orders
Layer 2 — NYC Local Law 1 of 2004 (and the 2025 amendments)
By far the most aggressive lead law in the state. NYC’s Local Law 1 (codified in NYC Administrative Code § 27-2056) requires:
- Annual inspection of every apartment in pre-1960 multi-unit buildings (3+ units) where a child under 6 lives
- Inspection at turnover in any pre-1960 unit, regardless of children
- Lead-based paint hazards must be remediated using certified workers
- Records must be maintained and produced on request
- HPD enforces aggressively; failure can result in housing court action
The 2025 amendments expanded notification, dust-wipe sampling at turnover, and remediation timelines. Penalties also increased significantly.
Layer 3 — Local upstate ordinances
Several upstate cities have built their own proactive inspection programs:
- Rochester — Lead Hazard Control Ordinance requires periodic inspection of pre-1978 rentals in designated high-risk zip codes.
- Buffalo / Erie County — Erie County Lead Poisoning Prevention Program adds inspection requirements for older rental stock.
- Monroe, Onondaga, Albany, Schenectady counties — All have local lead programs with varying requirements.
- Newburgh, Yonkers, and other Hudson Valley municipalities — Adopting expanded rental inspection rules.
Layer 4 — Federal disclosure (24 CFR 35)
The federal Residential Lead-Based Paint Hazard Reduction Act applies in NY just as it does everywhere else. Pre-1978 sales and rentals require the federal lead disclosure form, the EPA pamphlet, and (for sales) a 10-day inspection contingency.
Not sure which layer applies to your property? NY is the most jurisdiction-specific of the states we serve. Tell us the address and the year built — we’ll tell you exactly which laws apply, what type of inspection you need, and how often. Call (215) 284-0086.
What NYC Local Law 1 actually requires
Annual XRF Inspection
For pre-1960 buildings with 3+ units where a child under 6 lives, every apartment must be visually inspected annually for lead-based paint hazards. This includes peeling paint, deteriorated paint, and friction or impact surfaces (window jambs, door frames).
Turnover Inspection and Remediation
When a tenant moves out of any pre-1960 unit, the landlord must perform a turnover inspection, remediate any lead hazards before re-renting, and document the work — including dust-wipe clearance testing.
Notification and Recordkeeping
Annual notices must be sent to tenants. Records must be maintained for at least 10 years and produced upon request from HPD or the Department of Health.
Use of Certified Workers
Any lead remediation must be performed by EPA-certified RRP firms using lead-safe work practices. DIY remediation is generally not permitted.
Penalties for non-compliance
- NYC Local Law 1 violations can result in HPD class C immediately hazardous violations
- Fines starting at $1,500 per violation and increasing with repeat offenses
- Treble damages in private lawsuits brought by tenants whose children develop elevated blood-lead
- HPD can perform repairs and bill the owner with liens against the property
- Loss of housing court “good standing” affecting eviction proceedings
- Liability exposure that has produced multi-million-dollar settlements in NYC over the past decade
Important: NYC has stepped up Local Law 1 enforcement substantially in recent years. If you own a pre-1960 multi-unit property in any of the five boroughs, treat this as a top compliance priority.
How Bay Hill helps NY property owners
- EPA-certified inspections accepted across all NY jurisdictions
- NYC Local Law 1 annual and turnover inspections
- Rochester, Buffalo, and upstate county inspection support
- Documentation formatted for HPD and local health department filing
- Renewal reminders before annual inspection deadlines
- Dust-wipe clearance testing for turnover compliance
- Multi-unit and portfolio pricing for NY landlords with multiple buildings
Frequently asked questions
Does Local Law 1 apply to my building?
Local Law 1 applies to multiple-dwelling buildings (3 or more units) constructed before January 1, 1960, located in NYC, where a child under 6 resides in any unit. The annual obligation is triggered by the child’s presence. The turnover obligation applies to any pre-1960 unit regardless of whether a child lives there.
What if my building is pre-1960 but no children live there?
The annual inspection obligation is triggered by the presence of a child under 6. However, if a new tenant with a young child moves in, the obligation begins immediately. The turnover obligation applies regardless of children.
I own a pre-1960 building outside NYC. What applies to me?
You’re covered by federal disclosure (24 CFR 35) and the state Childhood Lead Poisoning Prevention Program. Whether you also fall under a local ordinance depends on the city or county — Rochester, Buffalo, Albany, Schenectady, and several others have their own programs. Tell us the address and we’ll tell you what applies.
What’s the difference between an XRF inspection and dust-wipe sampling?
XRF is a non-destructive test that detects lead in paint by reading the elemental composition of the paint film through a handheld analyzer. Dust-wipe sampling collects settled dust from windowsills and floors and tests for lead in the dust — the leading exposure pathway for children. NYC Local Law 1 turnover inspections typically require both: XRF to identify lead-based paint, then dust-wipe clearance after any remediation.
Can Bay Hill inspect throughout NY State?
Yes. We hold EPA certification and travel throughout the NY service area. For NYC properties we coordinate around HPD windows; for upstate work we typically schedule on weekly trips to Rochester, Buffalo, and Albany regions. Multi-property portfolios get priority scheduling.
How much does a New York inspection cost?
Single NYC apartments under Local Law 1 typically run $295–$395 for the annual inspection, with multi-unit pricing scaling per door. Upstate inspections are similar. Turnover inspections (with dust-wipe clearance) are priced separately. Call (215) 284-0086 for a fixed quote.
Pre-1960 building? Annual inspection due?
NYC Local Law 1 enforcement is aggressive and getting stricter. We can have an EPA-certified inspector on-site, document the inspection for HPD, and keep your building in good standing.
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