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. last updated 5-15-06

 

Lead Education > Local Law 1 of 2004

 

 

 

I. HISTORY

Local Law 1 of 2004 is a comprehensive law on lead-based paint in New York City housing:

Local Law 1 of 2004 replaces:

I.             Local Law 38 of 1999

II.            Local Law 1 of 1982

Effective: August 2, 2004

 

II. ISSUES ADDRESSED

1.    Owner’s Roles and Responsibilities

2.    HPD Enforcement

3.    J-51 Expanded Benefit

4.    Day Care Centers

5.    Other

 

III. OWNER RESPONSIBILITIES

 

 

a. RESPONSIBILITIES

1. Remediate Lead Hazard.

2. Notify Tenants & Investigate

3. Correct Lead Hazard Using Safe Work Practice

4. Make Apartment Lead Safe on Turnover

5. Do All Repairs & Renovations Using Safe Work Practice

 

b. REMEDIATE LEAD HAZARDS

Owners must prevent the reasonably foreseeable occurrence of lead hazards and remediate them, and the underlying defects that may cause lead hazards, using safe work practices.

1.    In apartment where a child is under age 7 resides.

2.    In common areas where a child under age 7 resides in a dwelling unit.

*In pre-1960 building, paint is PRESUMED to be lead paint if a child under 7 resides in a dwelling unit.

A Lead Hazard is any condition that causes exposure to lead contaminated dust from:

1. Peeling Lead-based paint

2. Deteriorated sub-surfaces

3. Friction surfaces*

4. Impact surfaces

5. Chewable surfaces**

*Friction Surface:

Lead painted surfaces that abrade, scrape or bind.

**Chewable Surfaces:

a) Any windowsill reachable by a child whether intact or deteriorated.

b) Any other edge or protrusion that:

I.  Shows evidence of being chewed, or

II. Tenant has notified owner that it has been chewed.

 

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.

 

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Following information was prepared by HPD Lead Education Program

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