If you are selling or renting out housing built before 1978 anywhere in New York, federal law requires you to give the buyer or tenant a written lead paint disclosure, any lead-related records you have, and the EPA’s lead hazard pamphlet before they sign. New York lead paint disclosure requirements start with that federal rule and then add state maintenance duties and, in New York City, some of the strictest inspection and remediation obligations in the country. Getting it wrong exposes you to EPA penalties above $22,000 per violation and personal liability for three times a buyer’s or tenant’s actual damages.
Which Properties Are Covered
The federal rule applies to “target housing,” meaning almost all housing built before 1978, the year lead-based paint was banned for residential use.1US EPA. What Is Target Housing? Single-family homes, apartments, public housing, and federally assisted housing all fall inside the rule. Renovations since then don’t change the status.
A short list of properties sits outside the rule:
- Studios and other zero-bedroom units, unless a child under six lives or is expected to live there.2Legal Information Institute. 42 U.S. Code 4851b – Definitions
- Senior and disability housing where no child under six lives.2Legal Information Institute. 42 U.S. Code 4851b – Definitions
- Rentals of 100 days or fewer with no renewal option.3eCFR. 40 CFR Part 745 Subpart F
- Foreclosure sales.3eCFR. 40 CFR Part 745 Subpart F
- Rentals where a certified inspector has confirmed the property is lead-free.3eCFR. 40 CFR Part 745 Subpart F
- Lease renewals where the landlord already disclosed everything required and nothing new has come to light.3eCFR. 40 CFR Part 745 Subpart F
Commercial and industrial properties are not covered. The disclosure rule is a residential protection only.
What You Have to Give the Buyer or Tenant
Three things must reach the buyer or tenant before they are legally bound: a written disclosure of known hazards, any lead-related records you hold, and the EPA lead hazard pamphlet.4eCFR. 24 CFR 35.88 – Disclosure Requirements for Sellers and Lessors Miss any one and the disclosure is incomplete.
Known Hazards
You disclose lead-based paint or lead hazards you actually know about, where they are in the property, how you know (a prior inspection, peeling paint you observed, a tenant complaint), and the current condition of the painted surfaces.4eCFR. 24 CFR 35.88 – Disclosure Requirements for Sellers and Lessors The law does not require you to go looking for lead or hire an inspector. But if you already know and stay silent, you are liable.
Records and Reports
Any lead inspection reports, risk assessments, or abatement records you have go to the buyer or tenant. In a multifamily building, that includes records on common areas and any building-wide evaluation, not just the specific unit.4eCFR. 24 CFR 35.88 – Disclosure Requirements for Sellers and Lessors If nothing exists, you check the box saying so.
The EPA Pamphlet
Every disclosure includes the EPA pamphlet “Protect Your Family From Lead in Your Home.” The regulation permits a state-approved equivalent, but the EPA document is what New York transactions use.4eCFR. 24 CFR 35.88 – Disclosure Requirements for Sellers and Lessors
Timing, Signatures, and Records
All disclosure materials go to the buyer or tenant before they sign a binding contract or lease. Handing the paperwork over after signatures is a federal violation.5Office of the Law Revision Counsel. 42 U.S.C. 4852d If a seller or landlord learns of a hazard only after an offer has been submitted, disclosure must happen before that offer is accepted, and the buyer or tenant gets a chance to revise or withdraw based on the new information.4eCFR. 24 CFR 35.88 – Disclosure Requirements for Sellers and Lessors
The seller or landlord, the buyer or tenant, and any real estate agents involved all sign the disclosure form. Each agent must confirm they told the property owner about the obligation and that the process was completed correctly.
Sellers and their agents keep a copy of the signed disclosure for at least three years from the sale’s completion date. Landlords and their agents keep theirs for at least three years from the start of the lease.6eCFR. 24 CFR 35.92 – Certification and Acknowledgment of Disclosure If an enforcement action or lawsuit surfaces later, these records are your proof of compliance.
The Buyer’s 10-Day Inspection Window
In a home sale, federal law gives the buyer 10 days to hire a certified inspector and have the property tested for lead-based paint before the contract becomes binding.7U.S. Environmental Protection Agency. Real Estate Disclosures About Potential Lead Hazards Buyer and seller can agree in writing to shorten or extend that window, and the buyer can waive the inspection entirely, but the seller cannot cut it off on their own. The purchase contract must also contain a lead warning statement and the buyer’s signed acknowledgment that they received the inspection opportunity.5Office of the Law Revision Counsel. 42 U.S.C. 4852d
Tenants do not get this 10-day right under federal law. New York renters who suspect lead hazards can request an inspection through their local health department.
What New York State Adds
Federal disclosure sets the floor. New York landlords also have a legal duty to maintain safe rental conditions, which the state reads to include addressing lead paint hazards.8New York State Attorney General. Preventing Lead Paint Poisoning That duty runs alongside the federal disclosure form. A landlord who knows about deteriorating lead paint cannot simply disclose it and stop there; they need to fix it.
New York’s Property Condition Disclosure Act requires home sellers to complete a general condition disclosure. The form flags pre-1978 homes for lead investigation, but the state statute does not create a separate lead-specific disclosure beyond what federal law already requires.9New York State Senate. New York Real Property Law 462 The federal lead disclosure is a separate obligation that cannot be waived by paying the state disclosure credit.
New York State also runs a Lead Rental Registry program for pre-1980 rental properties with two or more units in designated “communities of concern.” Landlords in those areas must register, inspect for hazards, and remediate what they find. The program uses a 1980 cutoff, capturing a slightly wider pool than the federal 1978 line.
New York City’s Additional Rules
Inside the five boroughs, the obligations increase sharply. NYC treats lead paint hazards in units where young children live as conditions dangerous to life and health, and enforcement reflects that.
Pre-1960 Presumption
New York City presumes lead-based paint exists in any multiple dwelling built before January 1, 1960. When a child under six lives in one of these units and paint is peeling or surfaces are deteriorating, the city classifies the condition as an immediately hazardous violation requiring correction within 21 days.10NYC.gov. Penalties and Fees The landlord doesn’t get to argue whether the paint actually contains lead; the city assumes it does.
Local Law 31 XRF Testing
Local Law 31 of 2020 requires landlords of pre-1960 rental buildings to have an EPA-certified inspector perform XRF testing for lead-based paint in every dwelling unit and common area. Buildings built between 1960 and 1978 are covered if the owner has actual knowledge of lead-based paint. The testing deadline was August 9, 2025, or within one year of a child under six moving in, whichever comes first.11NYC.gov. Lead-Based Paint – HPD XRF records must be kept for 10 years, including inspector qualifications and full testing results.
Annual Inspections and Turnover Work
Once a landlord knows a child under six lives in a unit, they must perform a visual inspection at least once a year, looking for peeling paint, deteriorated surfaces, chewable surfaces such as windowsills, and friction surfaces on doors and windows. Every room is included, closet and cabinet interiors as well.11NYC.gov. Lead-Based Paint – HPD
When a unit in a pre-1960 multiple dwelling turns over to a new tenant, the landlord must remediate all lead-based paint hazards, make bare floors and window surfaces smooth and cleanable, and remove or permanently cover lead-based paint on all friction surfaces on doors and windows. An independent EPA-certified inspector then performs dust wipe testing to confirm the area is free of lead-contaminated dust.11NYC.gov. Lead-Based Paint – HPD The firm that did the remediation cannot do the clearance testing.
Renovation Work in Pre-1978 Housing
A separate federal rule covers renovations that disturb painted surfaces in pre-1978 housing. The EPA’s Renovation, Repair, and Painting (RRP) Rule requires anyone paid to perform renovation work in older homes, child care facilities, or schools to be a lead-safe certified contractor.12US EPA. Lead Renovation, Repair and Painting Program It also applies to property owners who rent out their homes, run child care in them, or flip houses for profit.
Before starting work, the contractor gives the homeowner or tenant the EPA’s “Renovate Right” pamphlet. The rule triggers for interior projects disturbing more than six square feet of painted surface in any room, exterior projects disturbing more than 20 square feet, or any window replacement or demolition work.13U.S. Environmental Protection Agency. Renovate Right The New York Attorney General’s office has emphasized that contractors working on pre-1978 housing must hold EPA certification and follow lead-safe work practices.8New York State Attorney General. Preventing Lead Paint Poisoning
Renovation firms keep records for each job for three years after completion, including renovator certifications, training documentation, lead testing results, and signed pre-renovation disclosure forms.14US EPA. Renovation, Repair and Painting Program: Work Practices
Penalties for Failing to Disclose
The consequences come from more than one direction if you own property in New York.
Federal Fines
The EPA can impose civil penalties of up to $22,263 per violation for lead disclosure failures. That figure reflects the most recent inflation adjustment effective January 2025.15eCFR. 40 CFR Part 19 Each unit where disclosure is missing counts as a separate violation, so totals rise fast for a landlord with several non-compliant apartments.
Treble Damages
Anyone who knowingly violates the disclosure requirements is jointly and severally liable to the buyer or tenant for three times the actual damages suffered. “Knowingly” means the violation was deliberate rather than merely negligent. Actual damages in lead cases often include medical treatment costs, remediation expenses, and relocation costs. A court can also award attorney’s fees and expert witness costs to a winning plaintiff.16Office of the Law Revision Counsel. 42 U.S. Code 4852d
NYC HPD Penalties
NYC landlords face a separate layer of enforcement from the Department of Housing Preservation and Development. Lead-based paint hazard violations carry civil penalties of $250 per day, capped at $10,000. Recordkeeping violations tied to lead paint carry fines from $1,000 to $5,000 depending on the order violated, and some recordkeeping failures can result in criminal misdemeanor charges punishable by up to $500 in fines or six months in jail.10NYC.gov. Penalties and Fees These stack on top of the federal fines rather than replacing them.