Although the federal government prohibited the sale of lead-based paint in 1978, many old New York City apartment buildings still require ongoing inspections and additional remediation nearly fifty years later. Exposure to lead paint can cause various detrimental physical and mental health effects, especially in young children. In New York City, landlords and property managers must follow lead paint laws designed to protect residents. Specialized testing using X-ray equipment or laboratory analysis can help identify an elevated level of lead on painted surfaces in a home.
When Should You Take Steps to Address Lead Paint?
If you have concerns about lead paint in your home, you can take steps to assess your risk. Researching the age of a property can help identify the original paint and other construction materials that developers used. According to the U.S. Environmental Protection Agency (EPA), approximately 87% of homes built before 1940 have some lead paint. For homes built between 1960 and 1978, the percentage declines to 24%. For newer construction, the risk further decreases. Still, if you suspect an elevated lead presence in your home, consult a certified lead testing service or a lead risk assessor and ask for their recommendations.
Lead in Apartment Buildings in NYC
New York City has adopted stricter lead-based paint rules over the last several years. In December 2021, the city reduced the minimum acceptable level of lead in paint from 1.0 mg/cm2 to 0.5mg/cm2. Regulations state that landlords must arrange to test all units built before 1960, where children aged five and under spend a minimum of 10 hours per week. Testers must use an X-ray fluorescence analyzer (XRF) or a lab analysis capable of detecting the newer lower level of lead content.
Purchasing a Property with Lead Paint
If you gravitate toward the character and charm of old homes, you’ll probably have to measure some lead paint risk when buying, selling, or remodeling a property. Buyers entering a purchase agreement for a property built before 1978 can request lead paint testing during their home inspection. For any home built before 1978, buyers must also receive a lead-based paint pamphlet explaining the dangers of lead exposure. Sellers must provide disclosures that contain a lead warning statement. Additionally, sellers must disclose any knowledge of lead paint and offer to give the buyers any records related to the presence of lead paint in the home.
Investment Property Requirements
If you’re considering purchasing an older home or building as a rental property, you must follow the city’s lead paint testing and remediation regulations. NYC lead paint rules require landlords to inspect properties built before 1960 when turning units over between tenants. Landlords must also follow the rules about cleaning and preparing each unit, remediating as needed, and removing lead paint from friction surfaces such as doors and windows. Upon observing chewable surfaces (such as window sills) where the landlord notes teeth marks, the regulation requires that the property owner removes or covers the surface with an encapsulant. Additionally, property owners must perform testing in buildings constructed between 1960 and 1978 when they know of the existence of lead paint.
To ensure proper lead testing, NYC tenants must provide an annual notice to their landlords if any children aged five or under spend at least ten hours in the unit weekly. Tenants must also report any signs of chipping or peeling paint. As a rental property owner, you should set up a notification process to assist your tenants and respond to their concerns about lead paint.
How to Handle Potential Lead Paint in Your Home
Buyers with information about lead paint in a home must decide how best to manage the affected areas. Remediation plans may vary based on the size of surfaces treated with lead paint and how past owners handled the lead paint. On an ongoing basis, you should keep in mind the potential presence of lead as you clean, maintain, and update your home or investment property. You may want to take additional safety precautions and assume you’re dealing with lead paint whenever you work with older painted fixtures and surfaces.
If you have concerns about lead paint due to the age of a property or the presence of young children, it’s important to identify and measure any risk of lead exposure, then set a plan for treatment or remediation.
Test Surfaces
If you have concerns about lead paint, your best options for testing include hiring a professional testing service or contacting an EPA-approved lab for assistance. Modernized testing methods employ XRF technology to detect even small amounts of lead in painted surfaces. The U.S. Consumer Product Safety Commission determined that home test kits used for lead paint are unreliable.
Encapsulation
One method of covering lead paint involves using a specialized substance known as an encapsulant. These specialty products, such as polymers, epoxies, or cement-like substances, differ from the typical can of non-lead interior paint purchased at a retail store. Encapsulants work best when coating non-friction surfaces, such as walls. When possible, encapsulation generally costs less than other remediation techniques, but you may need to perform additional upkeep to maintain this protective barrier, while other methods, such as chemical stripping or removal of fixtures, provide a more permanent solution. HomeAdvisor estimates that lead paint encapsulation averages $4 per square foot, while lead paint removal using chemical strippers can cost $8-$17 per square foot.
Professional Remediation
Large surfaces that test positive for lead paint require professional remediation. To ensure the safest removal method, use a Lead-Safe certified contractor to treat extensive or complex areas of your home, such as entire walls, multiple windows, or large fixtures. You may also wish to consult with a certified lead remediation professional for smaller issues, as they can provide expertise and a recommended course of action.
DIY Remediation
Homeowners do not need to use a professional for lead remediation unless they anticipate renting or flipping the property or operating a childcare business on-site. For smaller areas, you may want to address on a DIY basis, follow the EPA’s recommended safety practices, including:
- Use a certified testing service or risk assessor to determine the presence of lead paint.
- Empty the room of furnishings and seal the area where you’ll be working to prevent dust from spreading through the house. Cover walls and floors with plastic sheeting. Turn off your HVAC system to prevent tainted air from circulating.
- Wear protective equipment such as safety glasses, gloves, disposable clothing and shoe covers, and a disposable N-100 certified respirator.
- Avoid dry sanding any surfaces in the home potentially affected by lead paint. Follow the manufacturer’s instructions when using chemical strippers to remove paint.
- When finished working for the day, use a wet cloth to wipe up dust and a wet mop to clean floors.
- Collect dust using a HEPA vacuum.
- Promptly dispose of debris, such as chipped paint and disposable cleaning materials as well as disposable safety gear.
Post-remediation, you should understand the signs of lead paint poisoning to monitor your home and your health continuously. Symptoms in children may include learning problems or developmental issues, fatigue, irritability, and hearing loss. Adults may experience symptoms including high blood pressure, joint pain, or headaches. If you suspect the presence of lead in your home and notice any changes in health, consider following up with testing and speak with a health professional.
Lead Paint Remediation Laws and Regulations for Rental Properties
Improper lead paint remediation can result in additional exposure to this health hazard. While homeowners may test and remediate their homes as they see fit, landlords and property managers of residential housing and child-occupied facilities must follow the EPA’s Renovation, Repair and Painting Rule to maintain the proper safety in homes or buildings constructed before 1978.
Under the RRP, landlords and property managers must become lead-safe certified or use lead-safe certified professionals for remediation services. Any contractors remediating lead paint in New York and many other states must receive certification through this EPA program. Some states and tribal lands have their own remediation licensing programs.
Properties with lead-painted surfaces require monitoring and assessment on an ongoing basis. Landlords should keep records of all lead paint testing and remediation activities. Proper disclosure to tenants includes providing a lead-based paint pamphlet and signed acknowledgment. In NYC, building owner requirements state that landlords must inform the NYC Department of Health when remediating over 100 square feet of lead paint or replacing two or more painted windows.
Conclusion
Lack of information about lead paint in your NYC apartment or home shouldn’t keep you up at night. Thanks to strict government regulations, NYC residents can request records of lead paint testing and remediation related to a residence. If you own one or more units in one of the older NYC apartment buildings, you should understand your responsibility as a landlord and provide your tenants with the required lead-based paint disclosures. When purchasing an older property, you can also reach out to NYC’s Code Enforcement office with any questions or concerns.
