Local Law 31 Lead Paint Inspection (XRF) in NYC
We review your building's Local Law 31 testing records, find the units and common areas still missing XRF results, and coordinate testing by an independent EPA-certified inspector or risk assessor.
What a Lead Paint Inspection Means Under Local Law 31
A lead paint inspection under Local Law 31 of 2020 is a one-time test of the painted surfaces in a rental building's apartments and common areas. It applies to buildings built before 1960, and to buildings built between 1960 and 1978 where the owner knows there is lead-based paint. The test must be done by an EPA-certified inspector or risk assessor using an X-ray fluorescence (XRF) device.
Under Local Law 1 of 2004, owners of these buildings must presume the paint is lead-based unless testing shows otherwise. The XRF results confirm where lead-based paint actually is, which shapes the annual notices, turnover work and repairs that follow.
Liveable.nyc reviews the building's testing records, identifies the units and areas that still need XRF lead testing, and coordinates the certified inspector and the documents HPD may ask for. Liveable.nyc does not test paint or perform abatement itself.
What Does Local Law 31 Require?
HPD set August 9, 2025 as the deadline to test all rental units and common areas in covered buildings at the 0.5 mg/cm² lead level. Testing is required once, and HPD may ask for the records at any time.
Key rules from HPD's Local Law 31 guidance:
- Covers multiple dwellings built before 1960, and those built between 1960 and 1978 where the owner knows of lead-based paint
- Also covers rental units in one- and two-family homes under the same rules
- Deadline: August 9, 2025, or within one year after a child under six comes to reside in a unit, or on a DOHMH order, whichever came first
- Inspector: EPA-certified inspector or risk assessor, independent of the owner, the owner's agent and any lead remediation firm
- Vacant units and units not available for rent must be tested too
- Co-op and condo units not occupied by the owner or the owner's family must be tested, plus all common areas
- Earlier XRF reports at 1.0 mg/cm² still count, but a lead-free exemption requires testing at 0.5 mg/cm²
- Failure to test can bring a Class C violation with civil penalties of $1,500 per unit or common area
- Testing records, EPA certifications and affidavits must be kept at least 10 years and passed to a new owner on sale
How We Handle Local Law 31 Testing
Confirm the law applies
We check the building's year of construction, unit count and rental status, including any co-op or condo units rented to tenants.
Review existing XRF records
Existing XRF reports, inspector certifications and affidavits are matched against every unit and common area to find the gaps.
Coordinate certified testing
An independent EPA-certified inspector or risk assessor tests the remaining units. Where tenants deny access, we help document the notices and attempts.
Organize results and next steps
Reports are organized for HPD audits, with lead-free exemption candidates and surfaces that need certified work flagged.
What Is Included?
Our Local Law 31 review may include:
- Confirmation of whether Local Law 1 and Local Law 31 apply to the building
- A unit-by-unit and common-area inventory of XRF lead testing results
- A check that each report came from an EPA-certified inspector or risk assessor independent of the owner and remediation firms
- Review of affidavits from the certified individual who performed the testing
- Documentation of no-access units, including written notices and access attempts
- Identification of rented co-op and condo units that need testing
- Flagging of units that may qualify for an HPD lead-free exemption
- Review of turnover records and Lease/Commencement of Occupancy notices
- A check for open HPD lead-based paint violations on the building
- Coordination of EPA-certified inspectors and abatement firms where testing or work is needed
- Organization of records for the 10-year retention period and HPD audits
- A findings summary with the recommended next step for each unit
Why Is a Lead Paint Inspection Important?
HPD audits lead-based paint records under Local Law 1 of 2004, selecting buildings through its Building Lead Index, and also demands records after DOHMH issues a Commissioner's Order to Abate. Missing XRF results can lead to a Class C violation with civil penalties of $1,500 per unit or common area.
The results also shape ongoing work: annual notices and investigations, turnover work before a new tenant moves in, and required work in units where a child under six resides. Where testing finds no lead-based paint, HPD recommends applying for a lead-free exemption, which ends the annual notice and investigation requirement for those units.
Our Service Is Designed For:
- Owners of pre-1960 rental buildings
- Managing agents
- Property management companies
- Condominium and cooperative boards
- Owners of co-op or condo units rented to tenants
- Owners of rental units in one- and two-family homes
- Real estate attorneys
- Buyers performing due diligence
- New owners receiving lead records from a seller
- Owners preparing for an HPD lead records audit
- Owners who received an HPD lead-based paint violation
- Portfolio managers
Why Choose Liveable.nyc?
Liveable.nyc reads the lead paint testing record together with the building's HPD registration, violations and unit records, so missing units, unit count differences or open lead violations surface before an audit does.
Liveable.nyc does not test paint or perform abatement. We review the records, coordinate EPA-certified inspectors and firms, and keep the paperwork in one place for the owner.
Our work reflects a commitment to residential compliance clarity, helping NYC building owners understand exactly where they stand before the agencies find out first.
Allen Azarkian, RA, AIA
Founder & CEO at Liveable.nyc
