Local Law 111: NYC Lead Paint Inspection Requirements for Co-ops & Condos
A Beginner’s Guide to Lead Paint Inspections in NYC – Local Law 111 Explained
Just when you thought NYC had enough local laws to keep your property manager scrambling, here comes another one! As a volunteer board member, you already have your hands full—so how are you supposed to keep up with it all? Local Law 111 is the latest regulation expanding lead paint inspection requirements, and it applies to more buildings than ever before. If your property was built before 1960, or between 1960 and 1978 with known lead-based paint, guess what? You now need to test for lead-based paint in all common areas—even if you were told your building was in the clear.
Lead paint exposure is a serious health hazard, especially for young children, which is why NYC keeps tightening the rules. In this guide, we’ll break down what Local Law 111 means for property owners, co-op/condo boards, and managing agents—so you can stay compliant and avoid hefty fines.
A Quick History of Lead Paint Laws in NYC
Before diving into Local Law 111, it's important to understand the broader legal landscape in NYC when it comes to lead paint. Several local laws have been put in place to protect residents, especially children, from the dangers of lead exposure. Here are some key regulations that set the stage for the current requirements:
Local Law 1
Property owners must provide annual notices to tenants about lead-based paint hazards and perform necessary repairs if lead paint is found. These notices and repair records must be kept for at least 10 years.
Local Law 31
This law mandates that independent EPA-certified inspectors conduct X-ray fluorescence (XRF) tests in all tenant-occupied apartments within pre-1960 buildings. These inspections must be completed by August 2025, or within one year of the move-in date of any child under age six, whichever is sooner.
Local Law 66
This law lowers the threshold that defines paint or similar surface coating as “lead-based” from 1.0 mg/cm² to 0.5 mg/cm². It also applies to buildings finished as late as 1978 if the owner is aware that lead-based paint is present.
These laws apply to any building constructed before 1960, and those built between 1960 and 1978 where lead-based paint is known to exist.
Now, let’s look at the latest changes.
Local Law 31 vs. Local Law 111 – What’s Changed?
Local Law 31 of 2020
Local Law 31 mandates that all residential buildings built before 1960, and those built between 1960 and 1978 with known lead-based paint, undergo certified lead-based paint inspections. These inspections must be performed by EPA-certified inspectors using X-ray fluorescence (XRF) analyzers to determine if lead-based paint is present.
Local Law 111 of 2023
Local Law 111 expands the requirements of Local Law 31 by mandating that XRF testing must also be conducted in all common areas of residential buildings by August 9, 2025. This means places like basements, stairwells, hallways, lobbies, storage areas—any painted surface in a shared space—must be tested.
If your building was constructed before 1960, or between 1960 and 1978 with known lead-based paint, you must complete this testing, even if you’ve never had a lead-paint issue before.
Who Needs to Comply?
This law applies to:
✔️ All landlords and building owners of rental properties built before 1960 and those built between 1960 and 1978 with known lead-based paint.
✔️ Co-op and condo boards if a unit within the building is rented out to a subletter.
✔️ All common areas in multifamily buildings, including basements, stairwells, hallways, laundry rooms, lobbies, storage areas, and any other painted space.
Exemptions:
❌ Owner-occupied condo and co-op units that are occupied by the owner.
❌ Properties that have already undergone lead-free certification through XRF testing.
Even if you think your building doesn’t contain lead-based paint, you’re still required to conduct XRF testing to prove compliance.
What Happens During an Inspection?
Step 1: XRF Testing
An XRF analyzer is a handheld tool used by EPA-certified inspectors to detect lead in paint. It works by emitting radiation that interacts with the surface, providing immediate results. The inspector will test painted surfaces such as:
Walls
Doors and door frames
Windows and window sills
Baseboards and trim
Common areas, including basements, stairwells, hallways, and any other shared painted space
Step 2: Compliance Reporting
After testing, the inspector will issue a report detailing whether lead paint is present. If no lead is found, the building can be marked as lead-free. If lead is detected, further action is required.
Step 3: Required Remediation
If lead paint is present, owners and boards must:
Safely remove or encapsulate lead-based paint.
Follow EPA-certified work practices.
File compliance reports with the NYC Department of Housing Preservation and Development (HPD).
Penalties for Non-Compliance
Ignoring Local Law 111 isn’t an option. NYC has strict enforcement mechanisms, and penalties can be severe.
💰 Fines & Violations:
Failure to conduct XRF testing can result in fines starting at $500 per violation and increasing with continued non-compliance.
If lead is found and not remediated, landlords can face additional daily fines.
🏢 HPD & DOH Enforcement:
The NYC Department of Housing Preservation and Development (HPD) conducts audits to ensure buildings are following regulations.
The Department of Health (DOH) may step in if a child tests positive for lead poisoning, triggering further inspections and fines.
Monthly financial statements were being delivered on time.
The stalled boiler project was restarted and scheduled for completion before winter.
The new property manager provided the hands-on support the board had been missing.
⚖️ Legal & Financial Risks:
Non-compliance could lead to lawsuits from tenants or shareholders, insurance issues, and even the inability to rent or sell units until violations are resolved.
How to Stay Compliant & Avoid Issues
💡 Act Early: Don’t wait until the deadline — schedule inspections proactively to avoid last-minute headaches.
📂 Keep Detailed Records: Maintain XRF inspection reports, remediation records, and compliance filings in case of audits.
🤝Hire the Right Experts: Work with a certified lead inspector and, if necessary, lead abatement professionals to ensure safe and legal remediation.
Final Thoughts – Don’t Wait Until It’s Too Late
Local Law 111 is a game-changer for NYC property owners. If your building was built before 1960, or between 1960 and 1978 with known lead-based paint, you must conduct an XRF inspection to stay compliant.
Remember, for rental buildings, this is for all individual units—whereas for co-ops and condos, it’s only for non-owner-occupied units. For all buildings built before 1960, all common areas, including basements, stairwells, hallways, lobbies, and other shared spaces, must be tested as well.
By being proactive, landlords, co-op boards, and managing agents can avoid penalties, protect residents, and ensure their buildings are safe and legally sound.
Need help navigating Local Law 111 compliance, or any of the myriads of Local Laws? Reach out today for expert guidance!