Section 27-2056.1
§ 27-2056.1 Statement of findings and purposes. The council finds that
lead poisoning from paint containing lead is a preventable childhood
disease and a public health crisis. The council further finds that the
hazard in dwellings that may occur from paint containing lead is subject
to many factors, such as the age of a building and its maintenance. The
Council also finds and declares that City government must focus on
primary prevention as the essential tool to combat childhood lead
poisoning and to achieve the goal of preventing children from suffering
the adverse health and other effects of exposure to lead-based paint.
The pursuit of primary prevention, which means eliminating lead hazards
before children are exposed, has been recommended by the United States
Centers for Disease Control and Prevention and promoted by leading
experts in the field as a critical course of action to protect the
health of young children. The Council, therefore, declares that
resources must be directed to primary prevention, including identifying
children who are most at risk.
The council recognizes that it cannot legislate a single maintenance
standard for all dwellings to eliminate this hazard. Instead, the
council by enacting this article makes it the responsibility of every
owner of a multiple dwelling to investigate dwelling units for
lead-based paint hazards and to address such hazards on a case-by-case
basis as the conditions may warrant, taking such actions as are
necessary to prevent a child from becoming lead poisoned. Having
established this responsibility, the council finds that sufficient
information exists to guide owners in making determinations about the
existence of lead-based paint hazards. See, e.g., United States
environmental protection agency, "Identification of Dangerous Levels of
Lead; Final Rule" Federal Register, Vol. 66, No. 4 (January 5, 2001);
United States department of housing and urban development, "Guidelines
for the Evaluation and Control of Lead-Based Paint Hazards in Housing"
(June 1995, revised 1997).
The New York city department of health and mental hygiene has reported
for the year 2001 that among children tested, 5,638 were newly
identified with elevated blood lead levels of 10 micrograms per
deciliter or above. The New York city department of health and mental
hygiene has reported for the year 2001 that among children tested, 653
were newly identified at or above the department's environmental
intervention blood lead level, which is a blood lead level equal to or
exceeding 20 micrograms per deciliter in a single test or two reported
blood lead levels between 15 and 19 micrograms per deciliter at least
three months apart, and has also reported an overall incidence of 931
children tested with blood lead levels equal to or exceeding 20
micrograms per deciliter. When a child is identified with environmental
intervention blood lead levels, the city is obligated to investigate
potential sources of the lead poisoning, incurring the expense of an
environmental investigation and often times also incurring the expense
of medical treatment and remedial education, if necessary. The council
finds that these blood lead levels among New York city children
constitute a severe health crisis and has established as its goal the
elimination of childhood lead poisoning by the year 2010.
In addition, the department of health and mental hygiene has reported
for the year 2001 that only 29% of children in New York city are tested
both at age one and age two for the disease of lead poisoning even
though the testing of all children at age one and age two is mandatory
under state law. The council finds that improved screening among these
children is critical since children at these ages are at greatest risk
for lead poisoning. The council declares that it is reasonable and
necessary to increase the rate of blood-lead testing. This local law
requires the department of health and mental hygiene to report to the
council on progress toward increasing screening rates and reducing the
incidence rates of children newly identified with elevated blood lead
levels.
The council further finds that the administration and enforcement of
the City's lead poisoning prevention programs can be better coordinated.
While it is intended that the department of housing preservation and
development remain the agency responsible for the implementation and
enforcement of this article, it is also intended that the department of
health and mental hygiene shall have a significant role in the
promulgation and interpretation of rules and in the development of
necessary procedures pursuant to this article.
Section 27-2056.10
§ 27-2056.10 Department Implementation and Enforcement. a. The
department shall provide appropriate training for lead-based paint
inspection and supervisory personnel. Department personnel who conduct a
visual inspection pursuant to this article shall receive training which
at a minimum, shall be the training approved by the United States
department of housing and urban development for performance of visual
inspections. Department personnel who perform lead-based paint
inspections using XRF machines shall receive training required by the
Untied States environmental protection agency pursuant to section
745.226(b) of title 40 of the code of federal regulations or successor
regulations. Training of all inspection and supervisory personnel shall
also include background information pertaining to applicable state and
local lead-based paint laws and guidance on identifying violations in a
multiple dwelling, and require that the individual has successfully
demonstrated knowledge of the requirements of this article. The
department shall provide for the continuing education of inspection and
supervisory personnel.
b. The department, with the approval of the department of health and
mental hygiene, shall promulgate a comprehensive written procedure to
guide department personnel in implementing and enforcing this article.
Where feasible, such procedures shall establish a uniform method for the
department of health and mental hygiene and the department, following
the method implemented by the department of health and mental hygiene,
to describe violations and identify their location in a dwelling or
dwelling unit. Such procedures shall include a methodology and a form to
be used by department personnel when conducting an inspection to carry
out and record an inspection pursuant to section 27-2056.9 of this
article.
c. The department shall promulgate rules for the implementation and
enforcement of this article and to effect compliance with all applicable
provisions of this article, rules promulgated thereunder, and all
applicable city, state or federal laws, rules or regulations. Such rules
shall be subject to the approval of the department of health and mental
hygiene prior to their promulgation and shall include, but not be
limited to, establishing:
(1) uniform specifications and procedures to govern testing, including
a standardized format for reporting such testing results, whenever paint
or a similar surface-coating material is tested for its lead content,
whether by or on behalf of an owner or an agency of the city of New
York;
(2) procedures by which an owner shall comply with section 27-2056.4
of this article, including the form and content of the annual notice;
(3) procedures by which an owner shall submit rebuttal documentation
to the department pursuant to 27-2056.5 of this article;
(4) procedures by which an owner may apply to the department to
postpone the date by which a violation shall be corrected pursuant to
subdivision l of section 27-2115 of this code, including, but not
limited to, the stabilization of the paint which is the subject of the
violation where an owner requests a second postponement of time to
correct a violation in accordance with subdivision l of section 27-2115
of this code; and
(5) procedures to implement and to enforce compliance with paragraph
two of subdivision l of section 27-2115 of this code, which shall
include, but not be limited to, the requirement that an owner certify
to:
(i) the correction of a violation of this article of the code, and
(ii) compliance with the rules promulgated by the department pursuant
to section 27-2056.11 of this code; and
(6) procedures to be established by the department of health and
mental hygiene to order or provide for the expeditious cleanup and
removal of lead-contaminated dust when the department of health and
mental hygiene determines that there is lead-contaminated dust in a
dwelling unit where a child of applicable age resides, such child has an
elevated blood level, and the department of health and mental hygiene
determines that the source of that lead-contaminated dust is not a
condition of the dwelling in which such dwelling unit is located.
Section 27-2056.11
§ 27-2056.11 Work Practices. a. The department shall promulgate rules,
with the approval of the department of health and mental hygiene,
establishing work practices to which an owner shall be subject in each
of the following circumstances:
(1) where an owner is performing work in order to comply with a notice
of violation or order to correct issued by the department pursuant to
this article, which shall be no less stringent than the safety standards
required by the commissioner of health and mental hygiene whenever such
commissioner shall order the abatement of lead-based paint hazards
pursuant to section 173.13 of the health code or a successor rule. Such
rules shall provide for temporary relocation provided by the owner of
the occupants of a dwelling or dwelling unit to appropriate housing when
work cannot be performed safely. Such rules shall provide that all such
work be performed only by firms which have received certification to
perform lead abatement under the regulations issued by the United States
environmental protection agency at subpart L of part 745 of title 40 of
the code of federal regulations, or any successor regulations.
(2) where an owner, other than in response to an order to correct or
notice of violation issued by the department or the department of health
and mental hygiene, is performing work that will disturb lead-based
paint or paint of unknown lead content in a dwelling unit where a child
of applicable age resides or in the common area of the multiple dwelling
in which such dwelling unit is located, where such multiple dwelling was
erected prior to January first, nineteen hundred sixty, or where the
owner has actual knowledge of the presence of lead-based paint and such
multiple dwelling was erected on or after January first, nineteen
hundred sixty and before January first, nineteen hundred seventy-eight.
(i) Except as provided in subparagraph (ii) of this paragraph, such
rules shall incorporate work practices that are no less protective of
public health than those set forth in subdivisions d and e of section
173.14 of the health code and those parts of subdivision b of such
section applicable thereto or a successor rule, and shall include a
requirement that lead-contaminated dust clearance testing be performed
at the completion of such work. Such rules shall require that such work
be performed by a person who has, at a minimum, successfully completed a
course on lead-safe work practices given by or on behalf of the
department or, by the United States environmental protection agency or
an entity authorized by it to give such course, or by the United States
department of housing and urban development or an entity authorized by
it to give such course. Such rules shall require temporary relocation
provided by the owner of the occupants of a dwelling or dwelling unit to
appropriate housing when work cannot be performed safely.
(ii) Where such work will disturb more than one hundred square feet of
lead-based paint or paint of unknown lead content in a room in a
multiple dwelling, or will involve the removal of two or more windows
with lead-based paint or paint of unknown lead content, such rules shall
incorporate work practices that are no less protective of public health
than those set forth in subdivisions d and e of section 173.14 of the
health code and those parts of subdivision b of such section applicable
thereto, or a successor rule, and shall include a requirement that
lead-contaminated dust clearance testing be performed at the completion
of such work. Such rules shall also require temporary relocation
provided by the owner of the occupants of a dwelling or dwelling unit to
appropriate housing when work cannot be performed safely. Such rules
shall require, in addition, that all such work be performed only by
firms which have received certification to perform lead abatement under
the regulations issued by the United States environmental protection
agency at subpart L of part 745 of title 40 of the code of federal
regulations for the abatement of lead hazards, or any successor
regulations. Such rules shall also provide that not less than ten days
prior to the commencement of such work the owner of the premises, or the
firm, shall file with the department of health and mental hygiene a
notice of commencement so that the department of health and mental
hygiene may, at its discretion, perform sample audits of such notices to
determine that the firms performing the work are properly certified.
Such notice shall be signed by the owner or by a representative of the
firm, and shall be in a form satisfactory to or prescribed by the
department of health and mental hygiene, and shall set forth at a
minimum the following information:
(a) The address of the multiple dwelling and the specific location of
the work within the multiple dwelling.
(b) The name, address and telephone number of the owner of the
multiple dwelling in which the work is to be performed.
(c) The name, address and telephone number of the firm which will be
responsible for performing the work.
(d) The date and time of commencement of the work, working or shift
hours, and the expected date of completion; and
(e) Identification of the surfaces and structures, and surface area,
subject to the work.
The rules shall also provide that any changes in the information
contained in the notice shall be filed with the department of health and
mental hygiene prior to commencement of work, or if work has already
commenced, within twenty-four hours of any change. The rules shall
provide that a copy of the notice of commencement shall be posted at the
work site.
(iii) The provisions of this paragraph shall not apply where such work
disturbs surfaces of less than (a) two square feet of peeling lead-based
paint per room or (b) ten percent of the total surface area of peeling
paint on a type of component with a small surface area, such as a window
sill or door frame.
(3) where an owner is performing work on turnover pursuant to
27-2056.8 of this article. Such rules shall include, but not be limited
to, requiring lead-contaminated dust clearance tests at the completion
of such work.
b. No person shall perform a lead-contaminated dust clearance test
pursuant to this section unless such person is a third-party, who is
independent of the owner and any individual or firm that performs the
work, and has successfully completed a course approved or administered
by the department of health and mental hygiene or by the United States
environmental protection agency or the United States department of
housing and urban development and obtained a certificate or other
document issued by or acceptable to the department of health and mental
hygiene.
c. The department, with the approval of the department of health and
mental hygiene, shall promulgate rules requiring that all
lead-contaminated dust clearance tests submitted to a laboratory for
analysis include a sworn certification that such test was performed in
compliance with all applicable rules and regulations and shall include
any additional information that the department shall determine is
necessary for the administration and enforcement of this section.
d. Where an owner is performing work pursuant to paragraph (1) of
subdivision a of this section, all lead-contaminated dust clearance test
results shall be filed with the department, and a copy shall be provided
by the owner to the occupant of the dwelling unit. Where an owner is
performing work pursuant to paragraphs (2) and (3) of subdivision a of
this section, a copy of all lead-contaminated dust clearance test
results shall be provided to the occupant of the dwelling unit. Copies
of lead-contaminated dust clearance test results provided to the
occupant of the dwelling unit pursuant to this subparagraph shall be in
a form satisfactory to or prescribed by the department of health and
mental hygiene that provides a sufficiently clear explanation of the
meaning of such results.
Section 27-2056.12
§ 27-2056.12 Reporting. a. Within four months after the close of the
first fiscal year after which this article takes effect and for every
fiscal year thereafter, the commissioner shall provide to the council a
written report on the department's implementation of this article during
the preceding year. Such report shall include, at a minimum, an analysis
of the department's program, a detailed statement of revenue and
expenditures and statistical section designed to provide a detailed
explanation of the department's enforcement including, but not limited
to, the following:
(1) the number of complaints for peeling paint in pre-1960 dwelling
units where a child of applicable age resides, disaggregated by city or
non-city ownership of the building which is the subject of the
complaint;
(2) the number of inspections by the department pursuant to this
article, disaggregated by the city or non-city ownership of the building
where the inspection occurred;
(3) the number of violations issued by the department pursuant to this
article;
(4) the number of violations issued pursuant to this article that were
certified as corrected by the owner, the number of such certifications
that did not result in the removal of such violations, and the number of
civil actions brought by the department against such owners; and
(5) the number of jobs performed in which violations issued pursuant
to this article were corrected by the department, the total amount spent
by the department to correct the conditions that resulted in the
violations, and the average amount spent per dwelling unit to correct
such conditions; and
(6) a statistical profile with geographic indexing, such as by
community district, council district, and/or zip code, of multiple
dwellings in which violations are placed, indicating the ages of the
multiple dwellings and other factors relevant to the prevalence of
lead-based paint hazards, which may include the prior lead poisoning of
a child in the multiple dwelling, outstanding violations, and emergency
repair charges.
b. The department of health and mental hygiene shall prepare a report
on progress toward increasing screening rates and reducing the incidence
rates of children newly identified with elevated blood lead levels. This
report shall be utilized by the department in its implementation of this
article. Such report shall be submitted to the council within nine
months after the close of each calendar year.
c. The department shall maintain a central register of all department
orders to correct a violation under this article. Such register shall
indicate, if applicable, the date of the complaint, address of the
premises, and the date of each inspection and reinspection.
Section 27-2056.13
§ 27-2056.13 Transmittal of Violations to the Department of Health and
Mental Hygiene. The department shall send a notice which shall be
addressed to the dwelling unit in the multiple dwelling, when a dwelling
unit is identified, for which a violation of this article was issued.
Such notice shall include a telephone number for the department of
health and mental hygiene. The department shall also refer to the
department of health and mental hygiene the address of the unit in the
multiple dwelling for which such violation was issued, the name of the
complainant, if any, and the complainant's telephone number, if
available. The department of health and mental hygiene, pursuant to
section 17-179 of this code, shall refer to appropriate medical
providers any person who requests assistance in blood lead screening,
testing, diagnosis or treatment, and upon the request of a parent or
guardian, arrange for blood lead screening of any child who requires
screening and whose parent or guardian is unable to obtain a lead test
because the child is uninsured or the child's insurance does not cover
such screening.
Section 27-2056.14
§ 27-2056.14 Inspections by Department of Health and Mental Hygiene
and Removal of Health Code Violations by Department of Housing
Preservation and Development. Whenever a report has been made to the
department of health and mental hygiene of a person under eighteen years
of age with an elevated blood lead level of fifteen micrograms per
deciliter or higher residing in any dwelling unit, the department of
health and mental hygiene shall conduct such investigation as may be
necessary to identify potential sources of the elevated blood lead
level, including but not limited to, an inspection of the dwelling unit
where such person resides. If the department of health and mental
hygiene issues an order to correct any violation, the department of
health and mental hygiene shall notify the department of each dwelling
unit in a dwelling for which the department of health and mental hygiene
has issued an order to correct a violation. Where the owner of the
dwelling or relevant dwelling unit within such dwelling fails to comply
with an order of the department of health and mental hygiene to correct
a violation placed by the department of health and mental hygiene, the
department of health and mental hygiene shall certify such conditions to
the department of housing preservation and development. The
certification procedure shall be completed within sixteen days of the
report of the elevated blood lead level. The conditions so certified
shall be corrected within eighteen days of certification to the
department.
Section 27-2056.15
§ 27-2056.15 Waiver of Benefit Void. a. No owner may seek to have an
occupant of a dwelling unit waive the benefit or protection of any
provision of this article. Any agreement by the occupant of a dwelling
unit purporting to waive the benefit or protection of any provision of
this article is void. Any owner who violates this section, or the rules
promulgated hereunder, shall be guilty of a misdemeanor punishable by a
fine of up to five hundred dollars or imprisonment for up to six months
or both. In addition, any owner who violates this section shall be
liable for a civil penalty of not more than five hundred dollars per
violation.
b. Notwithstanding any other provision of this article, nothing herein
shall be construed to alter existing or future agreements which allocate
responsibility for compliance with the provisions of this article
between a tenant shareholder and a cooperative corporation or between
the owner of a condominium unit and the board of managers of such
condominium.
c. The provisions of this article, other than section 27-2056.14,
shall not apply to a dwelling unit in a multiple dwelling where (i)
title to such multiple dwelling is held by a cooperative housing
corporation or such dwelling unit is owned as a condominium unit, and
(ii) such dwelling unit is occupied by the shareholder of record on the
proprietary lease for such dwelling unit or the owner of record of such
condominium unit, as is applicable, or the shareholder's or record
owner's family.
Section 27-2056.16
§ 27-2056.16 Exemption for Emergency Conditions. For emergency actions
immediately necessary to safeguard against imminent danger to human
life, health or safety or to protect property from further major damage,
such as when a property has been damaged by a natural disaster, fire,
structural collapse, cascading water, lack of utilities or other
emergency conditions, occupants shall be protected from exposure to lead
in dust and debris generated by such emergency actions to the extent
practicable and the requirements of this article shall not apply. This
exemption applies only to repairs immediately necessary to respond to
the emergency. The requirements of this article shall apply to any work
undertaken subsequent to or above and beyond such emergency actions.
Section 27-2056.17
§ 27-2056.17 Record Keeping Requirements. The owner of any multiple
dwelling or dwelling that performs any work pursuant to this article
shall retain all records relating to such work for a period of no less
than ten years from the completion date of such work. The owner shall
make any such records required to be retained by this section available
to the department upon the department's request, and shall transfer such
records to the owner's successor in title.
Section 27-2056.18
§ 27-2056.18 Application of this article based on age of child. For
the purposes of this article, the term "applicable age" shall mean
"under seven years of age" for at least one calendar year from the
effective date of this section. Upon the expiration of such one year
period, in accordance with the procedures by which the health code is
amended, the board of health may determine whether or not the provisions
of this article should apply to children of age six, and based on this
determination, may redefine "applicable age" for the purposes of some or
all of the provisions of this article to mean "under six years of age,"
but no lower.
Section 27-2056.2
§ 27-2056.2 Definitions. Whenever used in this article the following
terms shall have the following meanings:
(1) "Chewable surface" shall mean a protruding interior window sill in
a dwelling unit in a multiple dwelling where a child of applicable age
resides and which is readily accessible to such child. "Chewable
surface" shall also mean any other type of interior edge or protrusion
in a dwelling unit in a multiple dwelling, such as a rail or stair,
where there is evidence that such other edge or protrusion has been
chewed or where an occupant has notified the owner that a child of
applicable age who resides in that multiple dwelling has mouthed or
chewed such edge or protrusion.
(2) "Common area" shall mean a portion of a multiple dwelling that is
not within a dwelling unit and is regularly used by occupants for access
to and egress from any dwelling unit within such multiple dwelling.
(3) "Deteriorated subsurface" shall mean an unstable or unsound
painted subsurface, an indication of which can be observed through a
visual inspection, including, but not limited to, rotted or decayed
wood, or wood or plaster that has been subject to moisture or
disturbance.
(4) "Friction Surface" shall mean any painted surface that touches or
is in contact with another surface, such that the two surfaces are
capable of relative motion and abrade, scrape, or bind when in relative
motion. Friction surfaces shall include, but not be limited to, window
frames and jambs, doors, and hinges.
(5) "Impact Surface" shall mean any interior painted surface that
shows evidence, such as marking, denting, or chipping, that it is
subject to damage by repeated sudden force, such as certain parts of
door frames, moldings, or baseboards.
(6) "Lead-based paint hazard" shall mean any condition in a dwelling
or dwelling unit that causes exposure to lead from lead-contaminated
dust, from lead-based paint that is peeling, or from lead-based paint
that is present on chewable surfaces, deteriorated subsurfaces, friction
surfaces, or impact surfaces that would result in adverse human health
effects.
(7) "Lead-based paint" shall mean paint or other similar surface
coating material containing 1.0 milligrams of lead per square centimeter
or greater, as determined by laboratory analysis, or by an x-ray
fluorescence analyzer. If an x-ray fluorescence analyzer is used,
readings shall be corrected for substrate bias when necessary as
specified by the performance characteristic sheets released by the
United States environmental protection agency and the United States
department of housing and urban development for the specific x-ray
fluorescence analyzer used. X-ray fluorescence readings shall be
classified as positive, negative or inconclusive in accordance with the
United States department of housing and urban development "Guidelines
for the Evaluation and Control of Lead-Based Paint Hazards in Housing"
(June 1995, revised 1997) and the performance characteristic sheets
released by the United States environmental protection agency and the
United States department of housing and urban development for the
specific x-ray fluorescence analyzer used. X-ray fluorescence readings
that fall within the inconclusive zone, as determined by the performance
characteristic sheets, shall be confirmed by laboratory analysis of
paint chips, results shall be reported in milligrams of lead per square
centimeter and the measure of such laboratory analysis shall be
definitive. If laboratory analysis is used to determine lead content,
results shall be reported in milligrams of lead per square centimeter.
Where the surface area of a paint chip sample cannot be accurately
measured or if an accurately measured paint chip sample cannot be
removed, a laboratory analysis may be reported in percent by weight. In
such case, lead-based paint shall mean any paint or other similar
surface-coating material containing more than 0.5% of metallic lead,
based on the non-volatile content of the paint or other similar
surface-coating material.
(8) "Lead-contaminated dust" shall mean dust containing lead at a mass
per area concentration of 40 or more micrograms per square foot on a
floor, 250 or more micrograms per square foot on window sills, and 400
or more micrograms per square foot on window wells, or such more
stringent standards as may be adopted by the department of health and
mental hygiene.
(9) "Lead-contaminated dust clearance test" shall mean a test for
lead-contaminated dust on floors, window wells, and window sills in a
dwelling, that is made in accordance with section 27-2056.11 of this
article.
(10) "Peeling" shall mean that the paint or other surface-coating
material is curling, cracking, scaling, flaking, blistering, chipping,
chalking or loose in any manner, such that a space or pocket of air is
behind a portion thereof or such that the paint is not completely
adhered to the underlying surface.
(11) "Remediation" or "Remediate" shall mean the reduction or
elimination of a lead-based paint hazard through the wet scraping and
repainting, removal, encapsulation, enclosure, or replacement of
lead-based paint, or other method approved by the commissioner of health
and mental hygiene.
(12) "Rule" or "rules" shall mean a rule or rules promulgated pursuant
to section 1043 of the New York city charter.
(13) "Turnover" shall mean the occupancy of a dwelling unit subsequent
to the termination of a tenancy and the vacatur by a prior tenant of
such dwelling unit.
(14) "Underlying defect" shall mean a physical condition in a dwelling
or dwelling unit that is causing or has caused paint to peel or a
painted surface to deteriorate or fail, such as a structural or plumbing
failure that allows water to intrude into a dwelling or dwelling unit.
(15) "Window" shall mean the non-glass parts of a window, including
but not limited to any window sash, window well, window jamb, window
sill, or window molding.
Section 27-2056.3
§ 27-2056.3 Owners' Responsibility to Remediate. The existence of a
lead-based paint hazard in any multiple dwelling where a child of
applicable age resides is hereby declared to constitute a condition
dangerous to life and health. An owner shall take action to prevent the
reasonably foreseeable occurrence of such a condition and shall
expeditiously remediate such condition and any underlying defect, when
such underlying defect exists, consistent with the work practices
established pursuant to section 27-2056.11 of this article, except where
lead-contaminated dust is present in such multiple dwelling and the
department of health and mental hygiene has made a determination
pursuant to paragraph six of subdivision c of section 27-2056.10 of this
article.
Section 27-2056.4
§ 27-2056.4 Owners' Responsibility to Notify Occupants and to
Investigate. a. In any dwelling unit in a multiple dwelling erected
prior to January first, nineteen hundred sixty where a child of
applicable age resides, and in any dwelling unit in a multiple dwelling
erected on or after January first, nineteen hundred sixty and before
January first, nineteen hundred seventy-eight where a child of
applicable age resides and the owner has actual knowledge of the
presence of lead-based paint, and in common areas of such multiple
dwellings, the owner shall cause an investigation to be made for peeling
paint, chewable surfaces, deteriorated subsurfaces, friction surfaces
and impact surfaces. Such investigation shall be undertaken at least
once a year and more often if necessary, such as when, in the exercise
of reasonable care, an owner knows or should have known of a condition
that is reasonably foreseeable to cause a lead-based paint hazard, or an
occupant makes a complaint concerning a condition that is likely to
cause a lead-based paint hazard or requests an inspection, or the
department issues a notice of violation or orders the correction of a
violation that is likely to cause a lead-based paint hazard. The owner
shall ascertain whether a child resides therein pursuant to the
requirements of this section.
b. No occupant in a dwelling unit in such multiple dwelling shall
refuse or unreasonably fail to provide accurate and truthful information
regarding the residency of a child of applicable age therein, nor shall
an occupant refuse access to the owner at a reasonable time and upon
reasonable prior notice to any part of the dwelling unit for the purpose
of investigation and repair of lead-based paint hazards.
c. All leases offered to tenants or prospective tenants in such
multiple dwellings must contain a notice, conspicuously set forth
therein, which advises tenants of the obligations of the owner and
tenant as set forth in this section. Such notice must be in a manner
approved by the department, the content of which shall, at a minimum, be
in English and Spanish. The owner of such multiple dwelling shall
provide the occupant of such multiple dwelling with the pamphlet
described in subdivision b of section 17-179 of this code.
d. (1) The owner of such a multiple dwelling shall provide to an
occupant of a dwelling unit at the signing of a lease, including a
renewal lease, if any, or upon any agreement to lease, or at the
commencement of occupancy if there is no lease, a notice in English and
Spanish, the form and content of which shall be approved by the
department of health and mental hygiene, inquiring whether a child of
applicable age resides or will reside therein. If there is a lease, such
notice shall be included in such lease or be attached as a rider to such
lease. Such notice shall be completed by the occupant at the time of
such signing of a lease, including a renewal lease, if any, or such
agreement to lease, or at such commencement of occupancy.
(2) Where an occupant has responded to the notice provided by the
owner pursuant to paragraph one of subdivision d of this section by
indicating that no child of applicable age resides therein, during the
period between the date of such response and the delivery of the notice
provided by the owner pursuant to subdivision e of this section during
the immediately following year the occupant shall have the
responsibility to inform the owner of any child of applicable age that
comes to reside therein during such period. In the event such occupant
fails to inform the owner of such child as required by this paragraph,
and the owner does not otherwise have actual knowledge that such child
is residing in the dwelling unit, the presumption provided for in
section 27-2056.5 of this article shall not apply in any action to
recover damages for personal injury caused by contact with or exposure
to lead-based paint or lead-contaminated dust.
e. (1) Each year, an owner of a multiple dwelling erected prior to
January first, nineteen hundred sixty shall, no earlier than January
first and no later than January sixteenth, except as provided for in
subparagraph iii of paragraph two of this subdivision, present to the
occupant of each dwelling unit in such multiple dwelling a notice
inquiring as to whether a child of applicable age resides therein. Such
notice, the form and content of which shall be approved by the
department of health and mental hygiene, shall be presented as provided
for in paragraph two of this subdivision, and shall be in English and
Spanish.
(2) The owner may present the notice required by paragraph one of this
subdivision by delivering said notice by any one of the following
methods:
(i) by first class mail, addressed to the occupant of the dwelling
unit;
(ii) by hand delivery to the occupant of the dwelling unit;
(iii) by enclosure with the January rent bill, if such rent bill is
delivered after December fifteenth but no later than January sixteenth;
or
(iv) by delivering said notice in conjunction with the annual notice
required pursuant to section 17-123 of this code and the rules of the
department of health and mental hygiene pertaining to the installation
of window guards.
(3) (i) Upon receipt of such notice the occupant shall have the
responsibility to deliver by February fifteenth of that year, a written
response to the owner indicating whether or not a child of applicable
age resides therein. If, subsequent to delivery of such notice, the
owner does not receive such written response by February fifteenth, and
does not otherwise have actual knowledge as to whether a child of
applicable age resides therein, then the owner shall at reasonable times
and upon reasonable notice inspect that occupant's dwelling unit to
ascertain the residency of a child of applicable age and, when
necessary, conduct an investigation in order to make that determination.
Where, between February sixteenth and March first of that year, the
owner has made reasonable attempts to gain access to a dwelling unit to
determine if a child of applicable age resides in that dwelling unit and
was unable to gain access, the owner shall notify the department of
health and mental hygiene of that circumstance.
(ii) Where an occupant has responded to the notice provided by the
owner pursuant to subparagraph (i) of this paragraph by indicating that
no child of applicable age resides therein, during the period between
the date of such response and the delivery of the notice provided by the
owner pursuant to this subdivision during the immediately following year
the occupant shall have the responsibility to inform the owner of any
child of applicable age that comes to reside therein during such period.
In the event such occupant fails to inform the owner of such child as
required by this paragraph, and the owner does not otherwise have actual
knowledge that such child is residing in the dwelling unit, the
presumption provided for in section 27-2056.5 of this article shall not
apply in any action to recover damages for personal injury caused by
contact with or exposure to lead-based paint or lead contaminated dust.
(4) For calendar year two thousand four, an owner shall be deemed to
have satisfied the provisions of paragraphs one through three of this
subdivision if such owner delivers or has already delivered to each
dwelling unit where a child under six years of age resides a notice
identical or substantially similar to that required to have been
delivered in calendar year two thousand three, (i) in the same manner as
was required in calendar year two thousand three, and (ii) during the
same periods of time in calendar year two thousand four as such notice
was required to have been delivered during calendar year two thousand
three.
f. The owner shall inform the occupant in writing of the results of an
investigation undertaken pursuant to this section and shall provide a
copy of any such report received or generated by an investigation. The
owner shall retain a copy of each investigation report, for ten years
from the date of such report and such report shall be made available to
the department on request and shall be transferred by the owner to the
owner's successor in title.
g. Any owner who violates the provisions of this section, or the rules
promulgated hereunder, shall be guilty of a misdemeanor punishable by a
fine of up to five hundred dollars or imprisonment for up to six months
or both. In addition, any violation of this section shall subject the
owner to a civil penalty of not more than one thousand five hundred
dollars per violation.
h. The department may, at its discretion, perform sample audits to
determine compliance with the requirements of this section.
Section 27-2056.5
§ 27-2056.5 Presumption. a. In any multiple dwelling erected prior to
January 1, 1960, it shall be presumed that the paint or other similar
surface-coating material in any dwelling unit where a child of
applicable age resides or in the common areas is lead-based paint. The
presumption established by this section may be rebutted by the owner of
the dwelling or dwelling unit by submitting to the department a sworn
written statement by the owner supported by lead-based paint testing or
sampling results, a sworn written statement by the person who performed
the testing if performed by an employee or agent of the owner, and such
other proof as the department may require. Testing performed to rebut
the presumption may only be performed by a person who has been certified
as an inspector or risk assessor in accordance with subparts L and Q of
part 745 of title 40 of the code of federal regulations or any successor
regulations. The determination as to whether such proof is adequate to
rebut the presumption established by this section shall be made by the
department.
b. The owner of a dwelling or a dwelling unit may apply to the
department to have such dwelling or dwelling unit exempted from the
presumption contained in subdivision a of this section when either (i)
an inspection for lead-based paint in such dwelling or dwelling unit,
performed in accordance with section 745.227 of title 40 of the code of
federal regulations, or any successor regulation, has determined that
there is no lead-based paint present in such dwelling or dwelling unit,
or (ii) substantial alterations have been made to such dwelling or
dwelling unit and such alterations have resulted in the removal or
permanent covering of all lead-based paint in that dwelling or dwelling
unit. The department shall by rule determine the requirements needed to
qualify for such an exemption. Sections 27-2056.4, 27-2056.8 and
27-2056.9 of this article shall not apply to any dwelling or dwelling
unit that has been granted an exemption by the department.
Section 27-2056.6
§ 27-2056.6 Violation in a Dwelling Unit. The existence of lead-based
paint in any dwelling unit in a multiple dwelling where a child of
applicable age resides shall constitute a class C immediately hazardous
violation if such paint is peeling or is on a deteriorated subsurface.
Section 27-2056.7
§ 27-2056.7 Audit and inspection by department following
commissioner's order to abate. a. When the department of health and
mental hygiene issues a commissioner's order to abate pursuant to
section 173.13 of the New York city health code or a successor rule that
addresses lead-based paint hazards in a specific dwelling unit in a
multiple dwelling, the department, within fifteen days of such order,
shall notify the owner of the multiple dwelling where the dwelling unit
is located that the owner shall, within forty-five days of the
department's notice, provide to the department all records required to
be maintained under this article. Upon the department's receipt of
those records and a determination that there may exist uncorrected
lead-based paint hazards in dwelling units where a child of applicable
age resides, the department within ten days shall attempt to inspect
such units to determine whether there are any violations of section
27-2056.6 of this article.
b. If the owner does not provide to the department the records as
mandated by subdivision a of this section, the department shall within
forty-five days of such failure attempt to inspect dwelling units where
a child of applicable age resides to determine whether there are any
violations of section 27-2056.6 of this article in such units.
c. The department is not required to undertake the procedures
specified in this section in a particular multiple dwelling if it has
done so in such building during the prior twelve month period.
d. Any owner who fails to comply with the provisions of this section
in accordance with the rules of the department shall be liable for a
class C immediately hazardous violation, and a civil penalty in an
amount not to exceed one thousand dollars.
Section 27-2056.8
§ 27-2056.8 Violation in a Dwelling Unit Upon Turnover a. Upon
turnover of any dwelling unit in a multiple dwelling erected prior to
January 1, 1960 or a dwelling unit in a private dwelling erected prior
to January 1, 1960 where each dwelling unit is to be occupied by persons
other than the owner or the owner's family, the owner shall within such
dwelling unit have the responsibility to:
(1) remediate all lead-based paint hazards and any underlying defects,
when such underlying defects exist;
(2) make all bare floors, window sills, and window wells in the
dwelling unit smooth and cleanable;
(3) provide for the removal or permanent covering of all lead-based
paint on all friction surfaces on all doors and door frames; and
(4) provide for the removal or permanent covering of all lead-based
paint on all friction surfaces on all windows, or provide for the
installation of replacement window channels or slides on all lead-based
painted friction surfaces on all windows.
b. All work performed pursuant to this section shall be performed
pursuant to the safe work practices promulgated pursuant to section
27-2056.11(a)(3) of this article.
c. Any owner who fails to comply with the provisions of subdivision a
of this section, or the rules of the department of health and mental
hygiene or the department promulgated pursuant to section
27-2056.11(a)(3) shall be liable for a class C immediately hazardous
violation.
Section 27-2056.9
§ 27-2056.9 Department Inspections. a. When entering a dwelling unit
in a multiple dwelling constructed prior to January 1, 1960 for the
purpose of investigating the existence of any violation of this code,
the department shall make diligent efforts to ascertain whether a child
of applicable age resides therein and shall request from the occupant an
acknowledgement as to whether such a child resides in the dwelling unit.
Whenever a child of applicable age resides in a dwelling unit, the
department shall immediately perform a room-by-room inspection of the
dwelling unit and record for each room in a report of such inspection
whether the paint or other similar surface-coating material in each room
is peeling or intact. For each room where peeling paint is found, the
department shall also inspect for evidence of an underlying defect and
shall indicate on the inspection report the peeling paint's location
within the room, the condition of the subsurface below it, and the
location of any underlying defect. When performing such inspection, the
department need only inspect those portions of the dwelling unit where
furniture or other furnishings do not obstruct the view of a surface,
except when there is visible evidence that causes the department to
believe that the obstructed surface has peeling paint. Where, upon
conducting an inspection, the department determines the existence of a
condition constituting a violation of this article, the department shall
serve a notice of violation within ten additional days.
b. In any dwelling unit in a multiple dwelling erected prior to
January 1, 1960 where a child of applicable age resides, the department
shall conduct an inspection pursuant to subdivision a of this section no
later than ten days after the department's receipt of a complaint
describing peeling paint, or a deteriorated subsurface or underlying
defect in the dwelling unit. The department shall make diligent efforts
to ascertain whether a child of applicable age resides therein. Where
the department attempts to perform an inspection of a dwelling unit
within the time period required by this subdivision but is unable to
gain access, the department shall be required to make a reasonable
attempt to gain access to such dwelling unit within five days of such
attempt. If the department is unable to gain access to that dwelling
unit during this additional time period, the department shall provide
written notice to the occupant of such dwelling unit that no further
attempts at access shall be made unless a new complaint is submitted.
c. Each inspector who performs an inspection pursuant to subdivision b
of this section shall use an x-ray fluorescence analyzer during the
course of that inspection to determine whether lead-based paint is
present in such dwelling unit except that, for reasons beyond the
control of the department, such x-ray fluorescence analysis is unable to
be performed during such inspection, the department shall rely on the
presumption set forth in subdivision a of section 27-2056.5 of this
article. Where peeling paint is found during an inspection of a dwelling
unit performed pursuant to subdivision a of this section, the department
shall within ten days thereafter perform another inspection of such
dwelling unit using an x-ray fluorescence analyzer to determine whether
lead-based paint is present in such dwelling unit. Where, upon
conducting an inspection, the department determines the existence of a
condition constituting a violation of this article, the department shall
serve a notice of violation within ten additional days.
d. The pamphlet developed by the department of health and mental
hygiene pursuant to section 17-179 of this code shall be left at the
premises of the dwelling unit at the time of an inspection made by the
department pursuant to this section.
e. The department shall develop a pamphlet listing the work practices
to be established pursuant to section 27-2056.11 of this article. Such
pamphlet shall be delivered by the department in conjunction with all
notices of violation issued pursuant to paragraph one of subdivision l
of section 27-2115 of this code. Failure to include such pamphlet with
such notices of violation shall not render null and void the service of
such notices of violation. Such pamphlet shall also be made available to
any member of the public upon request.
f. Notwithstanding any other provision of law, failure by the
department or the department of health and mental hygiene to comply with
any time period provided in this article or section 27-2115 of this
chapter relating to responsibilities of the department and the
department of health and mental hygiene, shall not render null and void
any notice of violation issued by the department or the department of
health and mental hygiene pursuant to such article or section, and shall
not provide a basis for defense or mitigation of an owner's liability
for civil penalties for violation of such article.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.