What is the legal significance of the “turnover provisions” of Local Law #1 of 2004?

It is important to realize that the provisions of this law and the clearly defined duties noted above are not limited to apartment buildings and buildings that have three (3) or more separate apartments. They protect everyone (other than the landlords own family and dwelling). These turnover provisions are increasingly impactful as they apply to an overwhelmingly large universe of apartments in the City of New York due to the passage of time since Local Law #1 of 2004 became effective and thus many cases involve tenants who have moved in after August 2, 2004. These turnover obligations go well beyond the other protections afforded by Local Law #1 of 2004, to children less than six (6) years of age, inasmuch as the turnover provision duties have no age limitation. There are no residency limitations written into the turnover law. There is a clear and unequivocal affirmative duty to perform the abatement before new tenants move into the apartment thereby safeguarding the new tenants (and others) from the hazards of lead based paint.

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