LL31 NYC: Lead Paint XRF Testing, Deadlines, and Turnover Rules

NYC Local Law 31 of 2020 requires owners of covered residential buildings to hire an EPA-certified inspector to test every unit and common area for lead-based paint using an X-ray fluorescence (XRF) analyzer. The original testing deadline was August 9, 2025. Owners who missed it are already out of compliance, and Local Law 123 of 2023 layered additional remediation deadlines on top, running through July 2027 for units where young children live.¹

Which Buildings Are Covered

The law reaches multiple dwellings, meaning residential buildings occupied by three or more families living independently.² Two groups fall inside the rule:

Every multiple dwelling built before January 1, 1960 is automatically covered.
Multiple dwellings built between 1960 and 1978 are covered only when the owner has actual knowledge that lead-based paint exists in the building.

Rental units in one- and two-family homes built before 1960 are also covered. The XRF testing requirement applies to all residential units and common areas in covered buildings regardless of whether children currently live there, and HPD has confirmed that no exceptions apply.¹ Common areas like lobbies, hallways, and stairwells count.

A separate set of investigation obligations, distinct from the XRF requirement, is triggered whenever a child under six resides in a covered unit.³

What XRF Testing Actually Requires

Compliance means testing with an X-ray fluorescence analyzer, a handheld device that reads lead content beneath layers of paint without damaging the surface. The inspection must be performed by an EPA-certified lead paint inspector or risk assessor who is independent of the property owner, the owner’s agent, and any contractor involved in lead paint remediation.⁴ That independence rule exists to prevent conflicts of interest from tainting the results.

Any surface reading at or above 0.5 milligrams per square centimeter is classified as lead-based paint under the law, regardless of whether the paint looks deteriorated.¹ The inspector must test every painted component in every room, including walls, doors, window frames, baseboards, and trim. A visual check does not substitute. Older chemical swab kits cannot meet the required precision and do not satisfy the standard.

The Deadlines You Need to Know

The Local Law 31 XRF testing deadline for all covered units and common areas was August 9, 2025.¹ If you own a covered building and have not tested, you are exposed to enforcement now.

A secondary testing trigger applies when a child under six moves into a unit that has not been tested. The owner must then complete XRF testing within one year of the child coming to reside there, or upon an order from the Department of Health and Mental Hygiene requiring the inspection, whichever comes first.⁴

Local Law 123 Remediation Deadlines

Local Law 123 added deadlines for actual remediation work, not just testing. For pre-1960 buildings where a child under six was already residing as of January 1, 2025, the owner must abate lead-based paint on all door and window friction surfaces and make all floors smooth and cleanable by July 2027.¹ If a child under six moves in after January 1, 2025, the owner has three years from the date that child begins residing there to complete the same work.⁵

Turnover Obligations

Whenever a covered unit turns over to a new tenant, the owner must complete a full set of remediation steps before the new occupant moves in, and these obligations run well beyond testing. Under Section 27-2056.8, the owner must remediate all lead-based paint hazards and any underlying defects, make all bare floors and window surfaces smooth and cleanable, and remove or permanently cover all lead-based paint on friction surfaces on doors, door frames, and windows.⁵ For owners planning to re-lease apartments, this is where the compliance cost really lands.

What to Do When Lead Is Found

A positive XRF result does not automatically require full abatement. What the owner must do depends on the condition of the paint and whether a child under six lives in the unit.¹

Peeling paint with a child under six in the unit is an active lead-based paint hazard and must be corrected immediately.
Intact paint with a child under six in the unit is not an immediate hazard. The owner can monitor the paint to prevent deterioration or choose to abate proactively.
Peeling paint in a common area, when any child under six lives in the building, must be remediated immediately.
If no child under six is in the unit, the owner has no immediate repair obligation while the current tenant occupies it. At turnover, the full remediation requirements apply.

In any unit where a child under six lives, the owner also owes a yearly visual inspection of the unit and the common areas for peeling paint and deteriorated surfaces. That annual investigation is separate from the one-time XRF test.

Work that disturbs lead-based paint in a unit with a young child must follow lead-safe work practices: plastic sheeting to contain dust, wet cleaning and HEPA vacuuming, and no dry scraping. After the work, an EPA-certified professional who is independent of the remediation company must perform dust clearance testing, and the owner must retain both the lab results and an affidavit from the person who collected the sample.⁶ Work done in response to a violation must be performed by an EPA-certified abatement firm, and if occupants cannot safely stay, the owner must relocate them at the owner’s expense.⁷

Penalties and Records

Failing to comply with the testing or remediation requirements can result in a Class C immediately hazardous violation carrying civil penalties of up to $1,500 per unit or common area.¹ Failing turnover obligations, uncovered in an HPD audit, is a Class B violation carrying a civil penalty of up to $1,500.⁵ A Class C on a building’s record also complicates refinancing, sales, and insurance renewals.

When HPD issues a Class C violation for a unit, the owner has 45 days to produce records of annual notices, investigations, and, as of August 2025, any XRF testing conducted in the unit.⁵ Without those records inside that window, there is no documentary defense.

All lead-based paint inspection records, including XRF results, must be kept for at least 10 years and produced to HPD on request.⁴ Documentation should include the inspector’s or firm’s name and EPA certification, along with the full test results for every surface tested. Tenants have the right to see these results. After an HPD-ordered inspection, HPD sends the tenant the findings directly. After each annual visual inspection, the owner must give the tenant a copy of the results, and tenants can request records showing that required remediation was completed.¹

Federal Disclosure Once You Have Results

Once XRF results show lead-based paint in a pre-1978 building, federal law creates an additional obligation on top of the city rules. Under 42 U.S.C. § 4852d, sellers and landlords must disclose any known lead-based paint hazards to prospective buyers or tenants before a contract or lease is signed, and the disclosure must include any lead hazard evaluation reports the owner possesses, including the XRF results generated under Local Law 31.⁸

Every new tenant or buyer must receive the EPA pamphlet “Protect Your Family From Lead In Your Home” and a signed disclosure form. Buyers must be given at least 10 days to arrange their own independent lead inspection before the purchase contract becomes binding. Knowingly violating the federal disclosure requirements can trigger civil penalties of up to $22,263 per violation as of 2025, a figure adjusted periodically for inflation.⁹ These federal penalties sit on top of any NYC fines under Local Law 31.

1
Housing Preservation & Development. Lead-Based Paint
2
New York State Senate. New York Code MDW – Definitions
3
NYC Administrative Code. NYC Administrative Code 27-2056.4 – Owners Responsibility to Notify Occupants and to Investigate
4
NYC Housing Preservation and Development. Frequently Asked Questions XRF Testing Requirements – Apartments and Common Areas
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NYC Administrative Code. NYC Administrative Code 27-2056.8 – Violation in a Dwelling Unit Upon or Prior to Turnover
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Housing Preservation & Development. Safe Work Practices
7
NYC Administrative Code. NYC Administrative Code 27-2056.11 – Work Practices
8
Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property
9
eCFR. 24 CFR 30.65 – Failure to Disclose Lead-Based Paint Hazards