What Local Law 111 changed

Local Law 111 of 2023 amended Administrative Code §27-2056.4 so the one-time XRF investigation must locate lead-based paint in the dwelling unit and in the building’s common areas. HPD guidance treats units and common areas as due by August 9, 2025 (or sooner if a child of applicable age resides or DOHMH orders testing), at the 0.5 mg/cm² action level, by an EPA-certified inspector or risk assessor who is independent of the owner and of any remediation contractor.

Common areas are the shared painted spaces of a multiple dwelling — halls, stairs, lobbies, basements, laundry rooms, storage, and similar areas. For the broader Local Law 1 map, see our Local Law 1 guide. For how an XRF machine and dust wipe differ in practice for a family waiting on an inspection, see Testing paint and dust for lead.

Common areas count

Local Law 111 also added Administrative Code §27-2056.6.1: the existence of lead-based paint in any common area of a multiple dwelling where a child of applicable age resides is a Class C immediately hazardous violation if that paint is peeling or is on a deteriorated subsurface. Hallways and stairwells are not outside the statute’s lead framework when a child of applicable age lives in the building.

Which buildings were covered

HPD’s paint-testing materials describe the one-time investigation as applying to pre-1960 rentals, and to 1960–1978 buildings where the owner has actual knowledge of lead-based paint, including rental units in one- and two-family homes under the cited rules. Covered owners were to XRF-test dwelling units and common areas by August 9, 2025, or sooner when a child of applicable age comes to reside or DOHMH issues an order. This post summarizes HPD and Local Law text; it is not owner legal advice on every exemption path.

After the deadline: records, penalties, production

According to HPD’s Local Law 31 XRF FAQ, failure to complete the required testing may result in a Class “C” immediately hazardous violation and civil penalties of $1,500 per unit or the common area. Testing must be performed by an EPA-certified lead inspector or risk assessor who is not the owner, the owner’s agent, or a contractor hired for lead remediation, at the 0.5 mg/cm² action level. Keep testing records, EPA certifications, and access affidavits for at least ten years, and produce them to HPD on request.

Under Local Law 122 of 2023, when HPD issues a lead-hazard violation under §27-2056.6 for a unit where a child of applicable age resides, the owner must produce annual-notice and investigation records for the prior year within 45 days. On and after August 1, 2025, those records must also include XRF analysis under §27-2056.4(a-1). Failure to furnish is a separate violation.

A missed XRF deadline is not, by itself, an automatic civil recovery or absolute landlord liability. New York lead premises claims still sound in reasonableness and notice under the framework discussed on our landlord liability page. Ordinance noncompliance may be evidence in a case; it does not rewrite that framework.

What this means for parents and tenants

If your building is older and a child of applicable age lives there, ask whether unit and common-area XRF records exist, and keep copies of any HPD letters, inspection reports, and photographs of peeling paint in halls or stairs. How paint and dust are tested is explained on testing and XRF. Practical next steps after a blood-lead result or an apartment inspection are on what to do now. Turnover and records questions belong on turnover provisions.

Need a New York lead poisoning lawyer? Call The Frankel Law Firm about a child’s blood-lead result, common-area peeling paint, or missing XRF records.

There is no fee to speak with us or for us to evaluate your potential case. Lead poisoning lawyer.

Primary sources

• HPD — Paint Testing Requirement and Exemptions: nyc.gov HPD paint-testing page
• HPD Local Law 31 XRF FAQ (PDF): FAQ PDF
• Local Law 111 of 2023 (PDF): LL 111 PDF
• Local Law 122 of 2023 (PDF): LL 122 PDF
• Feb. 2025 HPD final rule amendments (PDF): NYC Rules PDF

Related pages

• Testing and XRF
• Local Law 1 guide
• Lead poisoning lawyer
• Landlord liability
• What to do now
• Turnover provisions