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LL31 XRF Lead Inspection FAQ

Do all apartments need XRF testing under Local Law 31?

Yes. All dwelling units and common areas in applicable buildings must be tested, including vacant apartments. This included two family home, single family homes, and co-op or condo units if they are rented, and built before 1960.

My building was gut renovated, there's no lead-based paint in my building. Why do I have to test?

Unless the building was demolished, and there is a new build date, ALL buildings built before 1960 (and some between 1960-1978) will need to be tested as the requirement is based on the year the building was built, regardless of renovations. The good news is that these buildings will most likely be eligible for a Lead Free Exemption once tested, and BEP can help with that!

What happens if lead-based paint is found?

Requirements depend on a few factors: Occupancy, condition of paint, component containing lead.

In child occupied units, any peeling or chipping paint must be addressed immediately. Friction surfaces must be abated in child occupied units by July 2027, regardless of condition of paint. (Friction surfaces include doors, door frames, windows, window frames.)

Presence of Lead-based paint must be disclosed to tenants

All friction surfaces must be abated upon turnover.

Non-friction surfaces do not need to be abated, but do need to be remediated if they are peeling or chipping.

All work involving lead-based paint must be performed by EPA Certified Firms.