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How an apartment is tested for lead
The Frankel Law Firm has been helping victims of lead poisoning and serious personal injuries for more than 40 years, and we are proud of that legacy. Two different tests get talked about as if they were one: one looks at paint, and one looks at dust on a surface. Both can matter. If someone is coming to test, please call for a free consultation, and write down the name of the person and who sent them. There is no fee to speak to us or for us to evaluate your potential case.
What the machine does
Paint is tested with an x-ray fluorescence (XRF) machine, or by taking paint chips to a laboratory.
An HPD lead-based paint inspection looks in every room for paint that is peeling or coming loose — on ceilings, walls, doors, windows, and other painted surfaces. The inspector tests peeling paint with an XRF. Only paint that is peeling is tested on that inspection. HPD sends tenants a letter with the XRF results for the surfaces that were tested.
If you filed the complaint and did not say a child under six lives there, but the inspector sees that a child under six resides, HPD may do a visual survey without the XRF. If peeling paint is found, another inspector may return within two weeks with the XRF. If that follow-up cannot be done, a violation may be issued from the visual survey as a presumed lead-based paint hazard.
What the machine does not do
An XRF on peeling paint is not a test of every intact wall, and it is not a blood test. A result of no lead on one sill does not clear the apartment of dust.
Dust is tested with a dust wipe: a swab or cloth passed over a measured area, sealed, and sent to a laboratory. Clearance dust wipes after repair are a different step from the first inspection. HPD uses a dust wipe after work on a painted surface to see whether lead dust remains. Allow access for that re-inspection.
If HPD cannot use the XRF
Under Local Law 1 of 2004, HPD has ten days after a complaint to inspect. If HPD cannot get in, it must try again within five days of the first attempt. HPD is supposed to use an XRF if possible. If the XRF is unavailable for reasons beyond HPD’s control, HPD can rely on the Local Law 1 presumption that the paint is leaded. See our guide to Local Law 1.
What you should write down
Record the name of the tester and confirm the person is certified. Photograph the certification if you can. If you can, note how samples are taken — the way a sample is taken can change the result.
After work, ask for the dust clearance results and a clear explanation. Turnover records are covered on Turnover provisions.
Michael Stewart Frankel and Reuven S. Frankel welcome your call.
There is no fee to speak to us or for us to evaluate your potential case.
Lead poisoning information
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