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XRF Testing

NYC Local Law 31 of 2020:

XRF Lead Paint Testing

What is Local Law 31?

Local Law 31 of 2020 amended NYC’s existing lead paint laws to strengthen requirements for lead-based paint inspection and testing in residential buildings. It specifically mandates the use of X-ray fluorescence (XRF) analyzers for lead-based paint testing, increasing both the frequency and thoroughness of inspections.

Who Must Comply?

  • Residential landlords/owners of buildings built before 1960 (or 1960–1978 if known to have lead-based paint).

  • Applies to multiple dwellings where at least one unit is occupied by a child under 6—or if a child under 6 routinely spends more than 10 hours per week in an apartment.

Key Requirements of Local Law 31

XRF Lead Paint Inspections

  • What is XRF?
    XRF (X-ray fluorescence) is a non-destructive testing method that detects lead in paint quickly and accurately.

  • Who Must Test?
    Owners of applicable buildings must use a third-party EPA-certified lead inspector or risk assessor with an XRF analyzer.

  • What Must Be Tested?

    • All dwelling units and common areas.

    • Surfaces presumed to contain lead (windows, doors, walls, baseboards, etc.).

Testing Deadlines

  • Apartments where a child under 6 resides:
    Must be XRF-tested within one year of a child under 6 residing in the unit (since January 1, 2020).

  • All apartments in pre-1960 buildings:

    • Must be XRF-tested by August 9, 2025, regardless of a child’s presence.

  • Vacancy:
    Whenever a unit is vacated, and before a new tenant moves in, owners must ensure required testing is up-to-date.

Recordkeeping and Disclosure

  • Documentation:
    Owners must keep records of all XRF inspection results and any lead paint abatement or remediation work.

  • Tenant Notification:
    Results must be shared with current and prospective tenants.

Remediation

  • If lead-based paint is found, owners must remediate or abate hazards using safe work practices and appropriately certified contractors.

Penalties for Non-Compliance

  • Failure to comply can lead to significant penalties, including fines and potential legal action from the City.

  • Violations may also impact the ability to rent, sell, or refinance the property.

    Related Laws and Context

    • Local Law 1 of 2004: Set the foundation for lead hazard reduction in NYC.

    • Local Law 31 of 2020: Enhanced and clarified testing, deadlines, and documentation.

    • Applies alongside federal EPA and HUD lead safety requirements.

    Authoritative References & Resources