§ 11-05 Turnover of Dwelling Units.
RCNY § 11-05
(a)Upon the earlier of (i) turnover of any dwelling unit in a multiple dwelling erected prior to January first, nineteen hundred and sixty, (ii) by July 1, 2027 for any dwelling unit in such multiple dwelling where a child of applicable age resides as of January 1, 2025, or (iii) within 3 years after the date a child of applicable age begins to reside in any occupied dwelling unit in such a multiple dwelling prior to turnover, the owner shall within such dwelling unit have the responsibility to: (1) remediate all lead-based paint hazards and any underlying defects, when such underlying defects exist for each turnover of a dwelling unit and prior to turnover as provided in this subdivision; (2) make all bare floors, window sills, and window wells in the dwelling unit smooth and cleanable for each turnover of a dwelling unit and prior to turnover as provided in this subdivision; (3) provide for the removal or permanent covering of all lead-based paint on all friction surfaces on all doors and door frames; and (4) provide for the removal or permanent covering of all lead-based paint on all friction surfaces on all windows, or provide for the installation of replacement window channels or slides on all lead-based painted friction surfaces on all windows.
(b)Such work must be performed in the time period commencing with the vacancy of the unit and must be completed prior to reoccupancy of such unit, or earlier, in occupied dwelling units where a child of applicable age resides as provided in subdivision a of this section. All work performed pursuant to this section upon turnover must be performed using the applicable safe work practices set forth in 28 RCNY § 11-06(g)(3). All work performed pursuant to this section prior to turnover in a dwelling unit where a child of applicable age resides must be performed pursuant to safe work practices set forth in 28 RCNY § 11-06(a) - (g)(1) and (2) as applicable.
(c)An owner shall maintain or transfer to a subsequent owner records of work performed in dwelling units pursuant to this section in accordance with the recordkeeping requirements of 28 RCNY § 11-06(c) and 28 RCNY § 11-12(h). In addition, the owner shall make such records available to the occupant of such dwelling unit upon request.
(d)An owner shall certify that he or she has complied with § 27-2056.8 of Article 14 of the Housing Maintenance Code and this section in the notice provided to an occupant upon signing of lease, if any, or upon any agreement to lease, or at the commencement of occupancy if there is no lease pursuant to subdivision (a) of 28 RCNY § 11-03.
(e)An owner may submit evidence regarding the date of a current tenant's signing of a lease, or agreement to lease, or commencement of occupancy of a unit to the department to rebut the issuance of a violation for failure to comply with § 27-2056.8 of Article 14 of the Housing Maintenance Code and this section. (Amended City Record 9/8/2020, eff. 10/8/2020; amended City Record 1/11/2021, eff. 2/10/2021; amended City Record 2/14/2025, eff. 3/16/2025)
