Since 1978 · Attorney Advertising
Lead disclosure at lease signing: what “know or should know” means for families
Signing a lease for an older New York City apartment comes with lead papers. Two different “knowledge” tests apply — what a landlord knows, and what a landlord knew or should have known — and families often mix them up. The Frankel Law Firm has been helping victims of lead poisoning for more than 40 years, and we are proud of that legacy.
The short answer: “know” and “should have known” are two different tests
The federal lease form asks what your landlord knows. New York injury law asks what your landlord knew or should have known. They are different tests, and checking “no knowledge” on the federal form does not answer the New York question either way.
| Rule | What it asks | Lead inspection required? |
|---|---|---|
| Federal lease disclosure | What the landlord knows about lead paint and hazards, and what records it has, before the lease binds you. | No. It is a disclosure rule. |
| New York injury law | Whether the landlord had actual or constructive notice — what it knew or should have known — and acted reasonably. | No. Notice is one part of a negligence claim, not automatic liability. |
| NYC Local Law 1 of 2004 | Whether a young child lives there, and what the owner of an older building must check and fix. | Separate City duties: one-time lead testing, yearly investigation where a young child lives, and turnover work. |
What the landlord had to hand you before you signed (federal rule)
For the full list of what a landlord must disclose, see lead disclosure rights for renters.
Pre-1978 apartments and the papers
For housing built before 1978, before you are obligated under the lease, the landlord must:
- Give you the EPA pamphlet Protect Your Family From Lead in Your Home.
- Disclose any known lead-based paint or lead-based paint hazards.
- Give you any lead records or reports available to the landlord, including on common areas.
- Include a Lead Warning Statement in or attached to the lease.
- Have you sign an acknowledgment that you received the information and pamphlet.
The Lead Warning Statement tells you that before renting pre-1978 housing, “lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling.” The landlord must keep the signed disclosure for at least three years from the start of the lease.
What “no knowledge” on the form means
A “no knowledge” check on the federal form is a statement about what the landlord knows. It is not a test result, and it does not mean the apartment is lead-free.
The federal rule does not require a lead inspection. The regulation says nothing in it “implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities.” You can ask the landlord to get an inspection by a certified inspector before you sign, but EPA says landlords “are not required to do so by this Disclosure Rule.”
A landlord who knowingly violates the rule can face civil penalties and liability to the tenant for three times the damages, plus court costs and attorney and expert fees. Exact penalty amounts change. A missing form does not, by itself, prove an injury case.
When the federal rule doesn’t apply
- Housing a certified inspector found free of lead-based paint.
- Leases of 100 days or less that cannot be renewed or extended.
- Renewals with no new information after full disclosure.
- Housing for the elderly or people with disabilities, and 0-bedroom units like studios, unless a child under six lives or is expected to live there.
Renting month to month or without a written lease? See what the landlord had to tell you.
The New York City papers that come with your lease
The child-under-six lease notice and the City pamphlet
When you sign a lease in an older NYC building, the owner must give you the Lease/Commencement of Occupancy Notice. This lead paint lease rider asks whether a child under six will live there or regularly spend 10 or more hours a week there. It comes with the City pamphlet Lead Paint Hazards in the Home, and it is required at signing and at renewal.
The owner’s turnover certification
For a new tenancy, not a renewal, the owner certifies on the notice that required turnover work was done before you moved in. You may ask the owner for the documentation.
The January annual notice
Each year, owners of covered buildings deliver an annual notice asking about a child under six between January 1 and January 16. Return it by February 15. With no answer and no other knowledge, the owner must try to inspect.
Where “should have known” comes from in New York
Notice in a lead case: Juarez (1996)
In Juarez v. Wavecrest Management Team Ltd., 88 N.Y.2d 628 (1996), the Court of Appeals held that a plaintiff must show the owner had actual or constructive notice that a child six or under lived in the unit. A landlord with that notice is chargeable with notice of any hazardous lead condition in the unit. It is not absolute liability: whether the landlord met its duty to fix the hazard “is governed by a standard of reasonableness.” Juarez applied the earlier Local Law 1, not Local Law 1 of 2004.
How courts weigh constructive notice: Chapman (2001)
In Chapman v. Silber, 97 N.Y.2d 9 (2001), the Court of Appeals said that, absent controlling legislation, a triable issue of fact is raised when a plaintiff shows the landlord:
- kept a right to enter and assumed a duty to repair;
- knew the building predated the lead paint ban;
- knew paint was peeling;
- knew lead paint harms young children; and
- knew a young child lived there.
Those factors can let a case go to a jury; they are not a finding of responsibility. In New York City, the City lead law drives the analysis, and Chapman shows how New York courts talk about “should have known.”
NYC’s own words: Local Law 1
In a multiple dwelling built before January 1, 1960, paint in an apartment where a child under six resides, and in common areas, is presumed to be lead-based unless certified testing shows otherwise. The owner must investigate at least once a year, and more often when, “in the exercise of reasonable care, an owner knows or should have known of a condition that is reasonably foreseeable to cause a lead-based paint hazard,” or when a tenant complains or the City issues a violation. That is a City duty to investigate, not a liability ruling. See our guide to Local Law 1.
Your answers on the forms matter. If you answered “no child” and a child under six later comes to live there, tell the owner. If the owner is not told and does not otherwise know, the lead-paint presumption does not apply in a personal-injury case.
Whether a particular landlord had notice depends on the facts. For how notice and negligence work, see landlord responsibility.
What families can do at lease signing (practical, not legal advice)
- Ask for the federal disclosure form, the EPA pamphlet, and any lead records before you sign.
- Read the landlord’s statement: does it disclose known lead, or say “no knowledge”?
- Fill in the child-under-six notice truthfully, and keep a copy.
- Tell the landlord in writing if a child under six comes to live there or spends 10 or more hours a week there.
- Return the January annual notice by February 15.
- Report peeling paint to the landlord and to 311, and keep a record.
- Save the lease and every lead paper, including at renewal.
If you did not get these papers, or your child’s lead test result worries you, we are here to help. Call The Frankel Law Firm.
Deadlines
Time limits apply, and some are short; see time limits.
Frequently asked questions
Does federal law require my landlord to test for lead before I sign a lease?
No. The federal disclosure rule requires disclosure of known lead-based paint and hazards, available records, the EPA pamphlet, and a Lead Warning Statement. EPA says landlords are not required to get a paint inspection under that rule. NYC Local Law 1 adds separate City duties in older buildings.
My landlord checked “no knowledge of lead-based paint.” Does that settle anything?
It answers the federal disclosure question about what the landlord knew. It does not decide whether a landlord had notice under New York law, which asks what the landlord knew or should have known. Every situation depends on its facts.
What papers should I get when I sign a lease for an older NYC apartment?
For pre-1978 housing: the EPA pamphlet, the lessor’s lead disclosure with the Lead Warning Statement, and any available lead records. In covered NYC buildings, the City’s Lease/Commencement of Occupancy Notice asks about a child under six, comes with the City pamphlet, and, for a new tenancy, includes the owner’s turnover certification. The notice is also required at renewal.
What does “should have known” mean in a New York lead case?
It refers to constructive notice: whether facts would have put a reasonable landlord on notice of a hazard. Juarez (1996) and Chapman (2001) are two Court of Appeals decisions on notice. Neither creates automatic liability.
Why does it matter that I tell the landlord a child under six lives here?
In NYC it triggers the landlord’s annual investigation duties, and it matters to how City law treats paint in pre-1960 buildings. Tell the landlord in writing, return the forms, and keep copies.
Talk with the firm
Bring your lease and every lead paper to a free consultation. Call The Frankel Law Firm at (212) 888-5100. There is no fee to speak with us or for us to evaluate your potential case. Prior results do not guarantee a similar outcome.
Sources
- 42 U.S.C. § 4852d (disclosure of lead-based paint hazards): U.S. Code text
- 40 CFR Part 745, Subpart F (EPA disclosure rule): eCFR
- 24 CFR Part 35, Subpart A (HUD disclosure rule): eCFR
- EPA — Real Estate Disclosures about Potential Lead Hazards: EPA disclosure page
- EPA — Protect Your Family From Lead in Your Home (2026 revision): EPA pamphlet page
- Juarez v. Wavecrest Management Team Ltd., 88 N.Y.2d 628 (1996): Court of Appeals opinion
- Chapman v. Silber, 97 N.Y.2d 9 (2001): Court of Appeals opinion
- NYC Admin. Code § 27-2056.4 (owner notice and investigation): NYC Administrative Code
- NYC Admin. Code § 27-2056.5 (presumption): NYC Administrative Code
- HPD — Lead-Based Paint: HPD lead page
- HPD — Annual Notice and Investigations: HPD annual notice page
- HPD — Lease/Commencement of Occupancy Notice (English): HPD notice PDF
- HPD — Lead-based paint correction when a child under 6 lives in the unit (turnover): HPD turnover page
- NYC Health Department — Lead Paint Hazards in the Home: City pamphlet PDF
Related pages
A telephone call or online inquiry does not create an attorney-client relationship. The firm represents a client only if it agrees to do so. Please do not send medical records until representation has been agreed. Attorney Advertising. Prior results do not guarantee a similar outcome.