New Online Portal Streamlines Lead Exemption Applications

In a move to enhance compliance with lead-based paint regulations, HPD recently introduced the Lead Exemption Online Portal (LEOP). This platform offers owners an efficient, user-friendly way to apply for lead exemptions, helping owners--whether they manage a single pre-1960 building or an extensive portfolio--report apartments free of lead-based paint. Filing for a lead-based paint exemption will ensure that owners receive the benefits of having lead-paint-free spaces that are no longer subject to some of the requirements of Local Law 1.

Owner Responsibilities under NYC’s Lead Law

Lead-paint poses a dangerous health risk to young children when the paint is peeling, chipped, or causing dust. Even if no testing has been done, under Local Law 1, apartments in buildings constructed before 1960 are presumed or assumed to contain lead-based paint if a child under the age of 6 resides in the dwelling unit. “Resides” means to routinely spend 10 or more hours per week in a dwelling unit, which includes both a child who lives in the apartment and a child who just visits for this period of time.

If Local Law 1 applies to your building, you must perform proactive and reactive duties to confirm that the paint is intact and to make sure peeling paint and deteriorated surfaces are properly fixed and handled. It isn't a violation of NYC law simply to have lead-based paint in a residential building. Local Law 1 focuses on lead-based paint hazards. Lead-based paint doesn't pose an immediate danger as long as it remains covered under layers of intact, non-lead paint.         

Local Law 1 also requires you to use safe work practices for any construction activities that disturb painted surfaces in assuming the paint is lead-based (unless the paint has already been tested). These requirements also exist for dwelling units and common areas built between Jan. 1, 1960, and Jan. 1, 1978, if the owner knows there is lead-based paint.

Here are the items owners must do to comply with Local Law 1 and HPD rules:

• Give HPD’s lead-based paint notice to new and renewing occupants;
• Give a Department of Health and Mental Hygiene (DOHMH) lead-based paint pamphlet to new occupants;
• Give HPD’s annual “January” lead-based paint notice to current occupants;
• Conduct an annual inspection for lead-based paint hazards in apartments where children younger than 6 live, as well as in the building’s common areas;
• Use safe work practices and trained workers when fixing lead paint hazards and when doing general repair work that disturbs lead paint. Local Law 1 requires owners to use firms certified by the U.S. Environmental Protection Agency when disturbing more than 100 square feet of lead paint, replacing windows, or fixing violations issued by HPD;
• Repair lead paint hazards before a new tenant moves into an apartment; and
• Keep records of all notices, inspections, repairs of lead paint hazards, and other matters related to the law. Owners must retain the records at least 10 years and certify compliance with these activities as a part of the annual property registration.

Local Law 31 of 2020. This local law gave owners five years from August 2020 to August 2025 to comprehensively test all rental units and common areas in all residential buildings constructed before 1960 for the presence of lead-based paint. There is an additional deadline that applies if a child under 6 comes to reside in a unit. In this case, the testing must be done within one year or by the August 2025 deadline, whichever is sooner.

Testing must be conducted by Environmental Protection Agency (EPA)-certified inspectors or risk assessor to conduct these tests independently of any firms hired for lead-based paint remediation.

Lead Exemptions: Lead-Free vs. Lead-Safe

If testing confirms a unit is free of lead-based paint, HPD encourages owners to file immediately using LEOP since all of the information necessary for an exemption will be readily available to them. An exemption makes the presumption of lead-based paint inapplicable to the unit or building to which the exemption applies. As a result, certain provisions of Local Law 1 won't apply after an exemption is granted.

Exemptions are granted only to pre-1960 buildings. Buildings built between 1960 and 1978 could also be subject to the requirements of Local Law 1 if there’s actual knowledge of lead-based paint in the buildings. There’s no exemption in this case because there’s no presumption of lead-based paint in these buildings because owners have actual knowledge of the presence of lead-based paint.

If the testing identifies lead-based paint during the testing, owners who choose to move ahead abate all of the lead-based paint in the unit can also apply for an exemption. Abatement refers to the elimination of lead-based paint or lead-based paint hazards through proper removal, replacement, containment, or enclosure.     

Lead-free exemption. A lead-free exemption means that all painted surfaces in a unit or building have been tested and confirmed to be free of lead-based paint. To qualify, owners must provide proof that either no lead-based paint was found or that any previously existing lead-based paint has been completely removed. With this exemption, owners are no longer required to comply with lead disclosure, investigation, turnover, or recordkeeping regulations, and there are no ongoing requirements.

Lead-safe exemption. This exemption acknowledges that lead-based paint is still present but has been properly contained or encapsulated to prevent exposure. To obtain this exemption, owners must demonstrate that all lead hazards have been appropriately addressed. While this designation relieves owners from certain lead-related obligations, it does come with continued responsibilities. Owners must conduct visual inspections every year, ensure that a certified risk assessor performs a risk assessment every two years, and maintain records of these activities for at least 10 years.

Simplifying Compliance with the LEOP

LEOP simplifies the exemption process for property owners who have confirmed their buildings, units, or common areas are lead-free or who have properly remediated lead hazards. You can find the portal at https://leadexemption.nyc.gov/leop/home. You can also use the portal to report a unit turnover. According to HPD, LEOP has already processed over 5,000 applications, with 1,588 apartments designated as lead-free or lead-safe as of December 2024. The portal offers several advantages:

• Easy access for property owners to submit applications online, ensuring convenience and efficiency.
• Real-time updates on application status for greater transparency and accountability.
• Clear step-by-step guidance to ensure compliance with lead safety regulations.
• Direct communication with HPD for prompt responses to questions or concerns.
• Faster processing times to reduce delays and expedite exemption approvals.

In addition, through the portal you can apply for an exemption for either one unit, one building, or more than one building. The one building selection is used only if the building has 21 or more units and has been tested by a sampling method. The sampling method is based on HUD Guidelines for the Evaluation and Control of Lead-based Paint in Housing. If all the units were individually tested, you must submit an application for each individual unit. For an application for more than one building, HPD says this option can be used only if all buildings in this group were built at the same time and have the same construction history as determined by an EPA certified lead inspector or risk assessor.