Breaking: HPD Sets $1,500 Fine Per Unit for Local Law 31 Non-Compliance
This week we wanted to update you on additional information coming from the NYC Department of Housing, Preservation and Development (HPD) regarding the possible penalties that can be assessed for failure to comply with the lead paint testing and reporting requirements required under NYC Local Law 31 of 2020 (“LL 31”). As reported in our August 6, 2024 Title Tuesday email, property owners of all tenant-occupied residential properties built prior to 1960 (or between 1960 and 1978 if lead paint is known to have been used in the building) must complete at least one (1) investigation for the presence of lead-based paint utilizing an X-Ray Fluorescence (XRF) analyzer by no later than August 9, 2025 (the “Effective Date”).
A link to our August 6, 2024, Title Tuesday email is set forth below:
https://www.homeabstractcorp.com/bulletin/2025-deadline-alert-nycs-expanded-lead-paint-testing-requirements-for-buildings
HPD has now advised that failure to comply with the testing and reporting requirements before the Effective Date “may result in a Class "C" immediately hazardous violation, making the owner liable for civil penalties up to a maximum of One Thousand Five Hundred ($1,500.00) Dollars”. The violations are expected to be issued for each apartment that was not tested (i.e. not one violation for an entire building).
Below is a link to HPD’s website which can be used to find our more detailed information on the Local Law 31 testing and reporting requirements.
https://www.nyc.gov/site/hpd/services-and-information/lead-based-paint.page
We will continue to bring you updates on this important legislation as information becomes available.
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