§ 11-04 Investigation for Lead-Based Paint Hazards.
RCNY § 11-04
(a)In any dwelling unit in a multiple dwelling erected prior to January 1, 1960 where a child of applicable age resides, and in any dwelling unit in a multiple dwelling erected on or after January 1, 1960 and before January1, 1978, where a child of applicable age resides and the owner has actual knowledge of the presence of lead-based paint, and in common areas of such multiple dwellings, the owner shall cause a visual inspection to be made for peeling paint, chewable surfaces, deteriorated subsurfaces, friction surfaces and impact surfaces. A visual inspection for lead-based paint hazards shall include every surface in every room in the dwelling unit, including the interiors of closets and cabinets. Such inspection shall be undertaken at least once a year and more often if necessary, such as when, in the exercise of reasonable care: (i) an owner knows or should have known of a condition that is reasonably foreseeable to cause a lead-based paint hazard, or (ii) an occupant makes a complaint concerning a condition that is likely to cause a lead-based paint hazard or requests an inspection, or (iii) the department issues a notice of violation or orders the correction of a violation that is likely to cause a lead-based paint hazard.
(b)No later than the earliest of August 9, 2025, one year after a child of applicable age comes to reside in a dwelling unit subject to the requirements of subdivision a of Administrative Code § 27-2056.4 and subdivision (a) of this section, or the issuance of an order by the department of health and mental hygiene as required by such order, one investigation for the presence of lead-based paint undertaken pursuant to subdivision a of this section must be performed by a person who (i) is not the owner or the agent of the owner or any contractor hired to perform work related to the remediation of lead-based paint hazards, and (ii) is certified as an inspector or risk assessor pursuant to section 745.226 of title 40 of the code of federal regulations. Such inspection must be conducted with an x-ray fluorescence analyzer on all types of surfaces in accordance with the procedures described in chapter 7 of the United States department of housing and urban development guidelines for the evaluation and control of lead-based paint hazards in housing, including on chewable surfaces, friction surfaces, and impact surfaces, to determine whether lead-based paint is present, and where such paint is located, in such dwelling unit and in the common areas of such multiple dwellings. Provided, however, that the investigation specified by this subdivision shall not be required if an investigation that complies with the requirements of this subdivision was previously completed and the owner retains records of such investigation, or if the dwelling unit or common area has an exemption from the presumption of lead paint, as provided in subdivision (b) of Administrative Code § 27-2056.5. If a new owner does not receive from the previous owner records of such investigation having been performed, such new owner must perform the investigation required by subdivision (a-1) of § 27-2056.4 of the Administrative Code and retain records of such investigation.
(c)(1) An owner must maintain and transfer to a subsequent owner records of inspections of dwelling units and common areas performed pursuant to subdivisions (a) and (b) of this section. Such records must include the location of such inspection, the results of such inspection for each surface in each room, as specified in subdivisions (a) and (b) of this section, and, for subdivision (b) of this section, for any such inspection that is performed after August 9, 2020, an affidavit from the lead inspector or risk assessor who performed the investigation for the presence of lead-based paint. An owner must also keep a record of the actions taken as a result of an inspection performed under subdivisions (a) or (b) of this section pursuant to 28 RCNY § 11-02 or 28 RCNY § 11-05.
(2)If an owner claims an inability to gain access to the unit for an inspection, such records must contain a statement describing the attempt made to gain access, including, but not limited to providing a written notice to the tenant, delivered by certified or registered mail, or by first class mail with proof of mailing from the United States Postal Service, informing the tenant of the necessity of access to the dwelling unit to perform the inspection, and the reason why access could not be gained. Such records must be kept for a period of ten years from either the date of completion of the inspection, or from the date of the last attempt to gain access by the owner, or transferred to a subsequent owner and maintained by such subsequent owner during such time period, and made available to the department upon request. In addition, the owner must make such records available to the occupant of such dwelling unit upon request.
(d)Nothing in this section precludes an owner from conducting any additional types of inspections for lead-based paint hazards, provided, however, that such owner shall correct any lead-based paint hazards identified pursuant to such inspection in accordance with the work practices specified in 28 RCNY § 11-06. (Amended City Record 9/8/2020, eff. 10/8/2020; amended City Record 1/11/2021, eff. 2/10/2021; amended, City Record 4/16/2021, retro. eff. 8/9/2020; amended City Record 2/14/2025, eff. 3/16/2025)
