NYC Lead Paint XRF Testing Deadline (Local Law 31)
Local Law 31 required XRF lead testing of every pre-1960 NYC rental unit and common area by Aug 9, 2025. Who must test, how, penalties, and what to do if late.
5 min read · Updated
Local Law 31 of 2020 required NYC owners of pre-1960 rental housing to have every unit and common area tested once for lead paint by an independent, EPA-certified inspector using an XRF device by August 9, 2025. If a child under 6 moved into a unit earlier, the test was due within one year of the child moving in.
That deadline has passed. If your building isn't tested, you are out of compliance and exposed to Class C violations of $1,500 per unit or common area. The good news: it's a one-time test, and getting it done (and filing for an exemption where the results are clean) can take units out of the yearly lead cycle for good.
At a glance
- Law
- Local Law 31 of 2020
- Adds §27-2056.4(a-1) to the Housing Maintenance Code
- Deadline
- August 9, 2025
- Five years after the law took effect
- Earlier trigger
- 1 year after a child under 6 moves in
- Or a DOHMH order, if sooner
- Who tests
- Independent EPA-certified inspector or risk assessor
- Method
- XRF on all surface types, 0.5 mg/cm² action level
- Penalty
- $1,500 per unit or common area
- Class C violation
How the deadline was set
Jan 23, 2020
City Council passes Int. 919-A
It becomes Local Law 31 of 2020.Feb 11, 2020
Mayor signs the law
It takes effect 180 days later.Aug 9, 2020
Testing requirement takes effect
The five-year testing clock starts. A child under 6 moving in after this date starts a one-year clock for that unit.Aug 9, 2025
Deadline for all covered units and common areas
Testing at the 0.5 mg/cm² action level must be complete in all rental units and common areas.
Who must test
According to HPD, the requirement covers owners of:
- Buildings built before 1960 with rental units
- Buildings built 1960 through 1978 with rental units, if the owner knows there is lead paint
- Rental units in one- and two-family homes
- Co-ops and condos: every unit not occupied by the owner or the owner's family, and all common areas
HPD says every unit must be tested, including vacant units and units off the market for repairs, and there are no exceptions to the inspection itself. An owner-occupied co-op or condo unit doesn't need testing while it stays owner-occupied.
What a compliant test looks like
| Requirement | Detail |
|---|---|
| Inspector | Certified as an inspector or risk assessor under 40 CFR 745.226 (EPA) |
| Independence | Not the owner, the owner’s agent, or any contractor hired for lead remediation |
| Instrument | X-ray fluorescence (XRF) analyzer |
| Procedure | HUD Guidelines chapter 7, on all surface types, including chewable, friction and impact surfaces |
| Action level | 0.5 mg/cm² (HPD) |
| How often | Once. A prior compliant test with retained records counts |
Verify an inspector's certification with EPA's Lead-based Paint Professional locator before you hire. A general contractor who will do the repair work cannot do the test.
Missed the deadline? What to do now
- 1
Book an independent XRF inspection
Test every rental unit and every common area. Prioritize units where a child under 6 lives; those also carry the annual investigation and turnover duties. - 2
Handle units you can’t get into
Send written notice to the occupant by certified or registered mail, or first-class mail with proof of mailing. Keep an affidavit listing each access attempt and copies of the notices. - 3
Respond to any HPD violation
If HPD has already written a violation (for example, order 626, which orders you to certify XRF testing within one year of a child under 6 moving in), submit the testing records to certify it. See how to certify HPD violation corrections. - 4
Fix what the test finds
Positive or inconclusive surfaces stay under Local Law 1. Peeling lead paint must be corrected by a certified firm using safe work practices. See Local Law 1 duties. - 5
Apply for exemptions where the results are clean
Units tested lead-free at 0.5 mg/cm² can get an HPD exemption through the Lead Exemption Online Portal (LEOP) or the paper application, with the Lead Testing Affidavit and related affidavits. - 6
File everything for 10 years
Keep the inspector names, EPA certifications, results and affidavits, and give them to HPD on request.
Why the exemption is worth it
HPD says exempted units no longer need annual lead notices or annual investigations. A "Lead-Free" exemption also frees construction in those areas from lead safe work practice rules. A "Lead Safe" exemption (for encapsulated paint) still requires periodic inspections. For a building that turns over often, the one-time test cost can pay back in avoided turnover work and paperwork.
Records to keep
- Name of each inspector or risk assessor, and proof of EPA certification for the person and firm
- The full XRF report for each unit and common area
- Access-refusal affidavits and copies of the notices you sent
- For every unit, the date it turned over and whether HPD granted an exemption
Local Law 31 requires these for at least 10 years and says they transfer to the next owner when you sell. HPD can demand them with a Record Production Order; you have 45 days to respond. If you're buying a pre-1960 rental, ask for the XRF reports in the contract (see lead disclosure when buying or selling).
Add the remaining lead dates to the landlord compliance calendar.
Local Law 31 text read in full: new §27-2056.4(a-1) (one XRF investigation within five years of effective date or within one year after a child of applicable age comes to reside, whichever is sooner; inspector independent of owner and remediation contractors and certified under 40 CFR 745.226; XRF on all surface types per HUD Guidelines chapter 7; exceptions for prior compliant investigation or HPD exemption), §27-2056.17 10-year records and transfer to successor in title, effective 180 days after approval; passed Jan 23, 2020, approved Feb 11, 2020. HPD paint-testing page: Aug 9, 2025 deadline, DOHMH-order trigger, covered owners, 0.5 mg/cm² action level, no exceptions, access-refusal affidavit, 1.0 mg/cm² exemptions valid until turnover, LEOP, Class C and $1,500 per unit/common area penalty. Order 626 NOV text (Class C) from NYC Open Data, re-queried 2026-10-12. LL31 PDF re-downloaded and dates/sections re-checked. Removed an unverified HPD Lead Unit phone number.
Sources
- Local Law 31 of 2020 (text, Int. No. 919-A of 2018) · New York City Council / NYC HPD (accessed October 12, 2026)
- Paint Testing Requirements and Exemptions · NYC HPD (accessed October 12, 2026)
- Lead-Based Paint · NYC HPD (accessed October 12, 2026)
- Annual Notice and Investigations · NYC HPD (accessed October 12, 2026)
- Required Audit Compliance and Record-Keeping · NYC HPD (accessed October 12, 2026)
- Housing Maintenance Code Violations (open data) · NYC Open Data (accessed October 12, 2026)
General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.