Local Law 31: A Plain-English Guide to NYC Lead Paint Testing (and Why Dust Wipes Fail)

What Local Law 31 requires

Local Law 31 of 2020 (Council Int. 919-A of 2018) became law on February 11, 2020. It added one requirement to NYC's lead paint law: a one-time XRF lead paint inspection of each covered rental unit, and, after Local Law 111 of 2023, of the building's common areas too.

In plain terms:

• One-time XRF test. A certified inspector uses an X-ray fluorescence (XRF) analyzer on all types of painted surfaces in the unit, following HUD's inspection procedures. That includes chewable surfaces (like protruding window sills), friction surfaces (window sashes, door edges), and impact surfaces. It is not an annual test: "only one (1) inspection is required."
• Tested at NYC's 0.5 mg/cm² level. Testing must be done at the 0.5 mg/cm² action level. (NYC's definition of lead-based paint dropped from 1.0 to 0.5 mg/cm² on December 1, 2021. See the table below.)
• An independent, EPA-certified inspector. The test must be done by an EPA-certified lead inspector or risk assessor who is not the owner, not the owner's agent, and not a contractor hired to remediate lead.
• Vacant units count. You must test all units, "even if they are vacant or they are not available for rent due to needing repairs."
• Keep the records for 10 years. Keep the inspector's name, proof of the inspector's and firm's EPA certification, the full results, and an affidavit from the certified individual who did the testing. Keep them at least 10 years and hand them to the new owner if you sell. HPD publishes sample affidavits, including one for units where the tenant would not give access.

If a unit tests negative everywhere, HPD recommends applying for a Lead-Free Exemption. Once an exemption is granted, you no longer send annual lead notices for that unit or do annual investigations.

Who it applies to, and the deadlines

Covered (per HPD):

• Every apartment in multiple dwellings (3+ units) built before 1960
• Rental units in 1–2 family homes built before 1960. This covers a lot of Staten Island housing.
• Buildings built 1960–1978 if the owner knows there is lead-based paint
• Co-op and condo units that are rented out (not occupied by the owner or the owner's family)
• Common areas of covered buildings

HPD says there are no exceptions to the testing requirement. A unit that stays owner-occupied does not need testing.

Deadline: The law, as amended, requires the test no later than the earliest of:

1. August 9, 2025;
2. one year after a child under 6 comes to live in the unit ("resides" means routinely spending 10 or more hours a week there); or
3. the date set by a DOHMH order.

Is it still in effect? Yes. HPD's October 2025 owner bulletin says the August 9, 2025 deadline "has passed," and HPD was still reminding landlords of the testing requirement as of March 2026. We found no HPD notice extending or suspending the deadline (checked September 2026).

Already tested at the old 1.0 level? HPD says you do not have to retest to be compliant if you have the XRF report. If you want a lead exemption, though, you will need to retest at 0.5 mg/cm².

What happens at turnover

Local Law 31 is the testing rule. Turnover work comes from the underlying lead law (Local Law 1 of 2004, as amended). In a covered pre-1960 unit, at every turnover the owner must, among other things:

• fix lead-based paint hazards and their underlying causes (like leaks);
• remove or permanently cover lead paint on friction surfaces of doors and windows (or install new window channels);
• make bare floors, window sills, and window wells smooth and cleanable.

This is where your XRF report pays off. If those friction surfaces tested negative, the report documents it. HPD's own guidance says turnover abatement applies to positive door and window friction components. After turnover work, a dust wipe clearance test must be done by a third party who is independent of both the owner and the contractor who did the work.

Two more changes to know about:

• Old exemptions: Exemptions granted under the old 1.0 mg/cm² standard end when the unit turns over.
• Units with a child under 6: Under Local Law 123 of 2023, owners must do turnover-level work by July 1, 2027 in units where a child under 6 lived as of January 1, 2025, or within 3 years of a child under 6 moving in after that date, if turnover doesn't come first.

How NYC lead limits have tightened

NYC measures lead two ways. Paint is measured in milligrams of lead per square centimeter (mg/cm²), usually with an XRF. Dust is measured in micrograms of lead per square foot (µg/ft²) from a lab-analyzed wipe. The limits for both have dropped over time.

Lead-based paint (XRF) definition

NYC dust-lead limits (floors / window sills / window wells)

A result at or above these numbers is "lead-contaminated dust." For a clearance test to pass, every sample must come in below them.

About that last row: In 2026 the NYC Health Department proposed cutting the limits by another 20%, to 4 / 32 / 80 µg/ft², applying to both hazard inspections and clearance tests. It would also require the testing lab to hold both NLLAP and ELAP accreditation. The Board of Health was scheduled to consider it at its September 17, 2026 meeting. As of this writing, we have not seen a published vote result or effective date. [UNVERIFIED] Until the city publishes an adoption, 5 / 40 / 100 is the NYC standard.

Federal EPA levels (for comparison)

EPA finalized these changes in October 2024, saying it did so "in recognition of the fact that there is no level of lead in blood that has been found to be safe for children." The federal clearance levels now match NYC's current 5 / 40 / 100.

Why dust wipes fail from outside soil, and how to prep

Here is a situation we see: the paint work is done properly and the surfaces look clean, but a floor wipe comes back over the limit. One real and often overlooked reason is lead brought in from outside.

What the official sources say

• EPA: "Lead in soil can be tracked into homes on shoes, clothes or other objects that touch lead-contaminated soil or dust, contributing to lead being present in household dust."
• EPA says soil lead is typically higher near roadways (from the leaded-gasoline era) and around the perimeter of buildings that used lead-based paint (the "dripline").
• NYC Health Department: lead "may be found naturally in soil or may be the result of past human activities, such as manufacturing and construction." DOHMH adds that metals may be in NYC soil naturally, but most are there because of past human activity.

A clearance wipe measures how much lead is on the surface. NYC's standard is written as micrograms of lead per square foot, not by where the lead came from. So lead dust tracked in from a sidewalk or yard counts the same as lead dust from paint.

What this does not mean

It doesn't mean a high result is "just dirt," and it doesn't mean low levels are safe. In NYC, lead paint and the dust it turns into is still the most commonly identified source of childhood lead exposure, according to the Health Department. EPA's position is that no safe blood lead level has been found for children. A failed wipe means the unit gets recleaned and retested, whatever the source. The point of this section is accuracy and preparation, so that a result reflects the real condition of the unit.

What tends to raise dust-lead readings

• Foot traffic from outside right before sampling: workers, supers, movers, prospective tenants
• Open windows, or window wells (troughs) that collect grit from outside, especially on street-facing or ground-level windows
• Dust left from the work itself: sanding residue, debris in corners, along baseboards, and in window tracks
• Surfaces that aren't smooth and cleanable (rough or worn floors, damaged sills or wells) and hold onto dust. NYC turnover rules require these surfaces to be smooth and cleanable.

How to prep a unit before a clearance wipe

These are practical steps drawn from EPA and NYC guidance, plus our own field experience. They are not a legal protocol. Your abatement contractor's required cleanup under NYC safe work rules comes first.

1. Stop tracking dirt in. EPA recommends doormats both outside and inside every entry and taking shoes off before entering. Put a mat at the unit door, use shoe covers or a shoes-off rule for anyone entering after final cleaning, and keep the entry path short.
2. Clean the whole unit, not just the obvious spots. EPA recommends HEPA vacuuming and regular cleaning of hard surfaces with a damp cloth or sponge and an all-purpose cleaner. NYC's Health Department advises wet wiping dust. Work top to bottom (sills and wells before floors) and from the back of the unit toward the door.
3. Give window wells (troughs) extra attention. They are the lowest point of the window and catch outside grit and paint dust. Vacuum, then damp-wipe until the wipe comes up clean.
4. Close the windows after cleaning. Keep them closed until sampling is done, so street dust doesn't settle back on sills and wells.
5. Keep traffic out between cleaning and testing. Schedule the wipe soon after final cleaning. Don't let anyone walk through in outdoor shoes.
6. Don't clean only the spots you expect to be sampled. The inspector picks sample locations. Cleaning just a few spots doesn't fix a dusty unit, and it isn't the goal.
7. If a result fails, reclean and retest. That is the NYC requirement. Use the result to find the problem area (one room, one window, the entry) rather than treating it as a mystery.

What happens if you fail

If you didn't do the Local Law 31 XRF testing: HPD can issue a Class C "immediately hazardous" violation, with civil penalties of $1,500 per unit or common area. The audit violation for this is Order 626, "Provide documents showing compliance with XRF Testing," and it is cleared only by providing the documents.

If HPD audits your records: A Record Production Order gives you 45 days to produce your lead records. Not responding, or giving incomplete records, leads to Class C violations and a civil penalty of $1,000 to $5,000. HPD picks buildings for audit through its Building Lead Index, which targets, among others, buildings "with peeling lead-based paint confirmed through XRF testing."

If turnover work wasn't done: Turnover violations 621 and 622 carry $250 per day, up to $10,000. Order 623 (missing turnover records) is $1,500 per violation.

If the XRF finds lead paint: A positive result alone doesn't trigger immediate work if the paint is intact. You monitor it, and you address door and window friction surfaces at turnover. If the paint is peeling and a child under 6 lives in the unit (or in the building, for common areas), you must act right away with an EPA-certified abatement firm, then get independent dust clearance.

If a dust wipe fails: The area is recleaned and tested again until every sample is below the limit.

Why a local Staten Island independent inspector

• Independent by design. NYC requires the XRF tester, and the dust-wipe sampler after work, to be independent of the owner and of whoever does the remediation. Get Lead Tested only inspects. We never remediate or abate, so there's no conflict when we tell you a unit passed or failed.
• EPA-certified, named inspectors. The inspector on the report is the person who ran the XRF. See our Services page for inspector details. About our inspectors.
• Local. Staten Island lead inspections are based at 17 Carol Court, Staten Island, NY 10309, and we work in older Staten Island rentals across the borough, from St. George and Stapleton to Tottenville.
• Portfolio experience. Get Lead Tested is the exclusive lead inspection and Matterport contractor for Grinberg Management & Development, one of Staten Island's largest scattered-site residential portfolios.
• Records built for audits. You get one report per apartment or common area, organized the way HPD asks owners to keep XRF records. Optional: add a same-visit Matterport 3D record through our sister brand Get 360 Record to document unit condition.

Areas we serve: Port Richmond · West Brighton · Mariners Harbor · New Dorp · Great Kills · Midland Beach · South Beach · Grymes Hill · Eltingville.