Local Law 31 — lead paint XRF testing basics

Local Law 31 of 2020 amended the NYC lead paint framework originally established by Local Law 1 of 2004. LL31 requires owners of covered multiple dwellings to perform XRF (X-ray fluorescence) testing for lead-based paint in any unit where a child under 6 resides, on a defined timetable that ran through August 9, 2025 for most buildings.

This guide explains who is covered, what XRF testing is, and what typically happens when a unit tests positive. Educational only — not legal advice and not a filing manual.

What this means

The core LL1 / LL31 framework has two pieces:

1. Presumption of lead. In a multiple dwelling built before 1960 (or between 1960 and 1978 with known lead paint), peeling paint in a unit with a child under 6 is presumed to be lead-based and must be treated as an immediate hazard.
2. XRF testing. LL31 required owners to have XRF testing done by an EPA-certified lead inspector / risk assessor for all units with a child under 6, with a statutory deadline of August 9, 2025. The XRF report is the permanent record for each unit; positive readings drive remediation planning.

See the HPD Class C guide for why untreated lead paint in a unit with a child under 6 is automatically the most serious HPD class.

"Known lead" means you (or a prior owner) had evidence of lead — a prior XRF report, a remediation record, or an acknowledgment. If you have no records, the statutory presumption applies to pre-1960 buildings regardless, and prudent practice is to assume lead until proven otherwise.

Common causes

• Not completing XRF testing by the Local Law 31 deadline
• Positive XRF readings on friction, impact, or chewable surfaces that have not been remediated
• Failure to maintain required records of XRF testing and annual lead notices
• Failure to use an EPA lead-safe-certified firm for any paint disturbance in a covered unit
• Failure to respond to an HPD lead-paint NOV within the cure window

Timeline

• Annual Notice. Owners must send an annual lead-paint notice to every unit each year, asking whether a child under 6 lives there. Owners must keep records of the response.
• XRF testing. For every unit where a child under 6 lives (or could live), XRF testing was required by August 9, 2025.
• New occupancies. When a unit turns over and a child under 6 moves in, XRF testing must be performed if not already complete.
• Positive readings. Positive XRF readings on friction, impact, or chewable surfaces trigger remediation obligations on the owner's usual turnover and maintenance schedule; the exact deadlines depend on whether the condition is also an active HPD violation.
• Annual visual inspections. The owner's existing LL1 annual-inspection obligation for peeling paint continues alongside XRF.

Penalties

Lead-paint violations are treated as immediate hazards and carry the highest HPD penalty tier.

• HPD lead-paint NOVs: issued as Class C (see HPD Class C guide). Baseline daily penalties run in the $50 to $150 per day range (HMC § 27-2115 — verify current schedule), and minimum starting penalties often apply.
• Emergency Repair. HPD can perform emergency remediation and bill the owner — the cost can become a property tax lien.
• False certification. Certifying a lead paint correction that was not actually done is treated very seriously and carries elevated personal exposure for the certifier.
• Federal exposure. Using a non-certified renovator in a covered unit can also expose the owner to EPA RRP penalties under 40 CFR Part 745 — these are federal, separate from the NYC penalties.

How it typically gets resolved

1. Confirm coverage. Pre-1960 multiple dwelling, or pre-1978 with known lead. If uncertain, consult an EPA-certified lead risk assessor for guidance.
2. Send and record the Annual Notice to all units each year. Track responses.
3. Schedule XRF testing for every unit with a child under 6 (and ideally maintain an advance posture for turnover units).
4. Retain an EPA-certified lead inspector / risk assessor to perform XRF. Never use non-certified labor.
5. For positive readings, plan remediation by an EPA lead-safe-certified renovation firm (RRP), with containment, proper PPE, HEPA vacuuming, and dust-wipe clearance.
6. Certify correction with HPD for any open lead NOV, with XRF and clearance documentation attached.
7. Maintain records — Annual Notice responses, XRF reports, and clearance results — per HPD and federal recordkeeping rules.

When to hire a pro

Always, in this area.

• EPA-certified lead inspector / risk assessor for XRF testing and clearance.
• EPA lead-safe-certified (RRP) firm for any paint-disturbing work — never in-house.
• Attorney if you have received an HPD NOV, if a tenant has filed a claim, or if a child has tested with elevated blood lead levels (EBLL) — this is a high-sensitivity area.
• Insurance broker — check coverage for lead-related claims well in advance of need.

Related guides

• HPD Class C — immediately hazardous
• HPD Class A — non-hazardous
• Local Law 55 — Indoor Allergen Hazards Act

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