New York City’s Local Law 123 significantly expands the current law against lead pain in the city’s residential buildings. Problems with lead paint in residential buildings, particularly with children, continues to this day in spite of the fact that the City banned lead based paint in 1960.
Local Law 123 concerns the expansion of Local Law 1 of 2004 (“Local Law 1”) in building constructed prior to 1960. The 2004 Law mandated that building “owners of pre-1960 multiple dwellings, and owners of post-1960 to pre-1978 buildings where the owner knows that there is lead-based paint, have the responsibility to investigate dwelling units where children under age six reside, and common areas, to find peeling paint, chewable surfaces, deteriorated sub surfaces, and friction and impact surfaces. The investigation must be conducted annually and more often if the owner knows of a condition that may cause a lead hazard, or the occupant complains about such a condition.”
The new Local Law 123 which became enforceable on September 1, 2024 significantly expands that prior law by mandating that these same corrective measures be applied to all units with children under age 6 by July 1, 2027, or within three years after a child under age 6 begins to reside in the unit. This work must be completed even if it means the abatement work is performed while the tenants are still occupying the unit.
Lead based paint (LBP) continues to be a preventable health hazard, particularly to the children of New York City. Tragically, it affects those who live in our city’s affordable housing units operated and managed by the New York City Housing Authority. The effects of lead based pain on children is devastating. The toxin can cause permanent neurological damage to children.
If you suspect you live in a dwelling with lead based paint, get your child tested right away and contact me for a free initial consultation concerning your legal rights.
