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Turnover: work required before you moved in
The 麻豆传媒官网 has been helping victims of lead poisoning and serious personal injuries for more than 40 years, and we are proud of that legacy. If you moved into a New York City apartment after August 2, 2004, the landlord had a job to do before you got the keys 鈥 and that work is not only for apartments with a child under six. Please call for a free consultation, and ask for the records; 鈥渓ead safe鈥 is not a document. There is no fee to speak to us or for us to evaluate your potential case.
What the landlord was supposed to do
When an apartment is vacated and will be occupied by someone other than the owner or the owner鈥檚 family, Administrative Code 搂 27-2056.8 requires the owner to remediate lead-based paint hazards and underlying defects; make all bare floors, window sills, and window wells smooth and cleanable; remove or permanently cover lead-based paint on friction surfaces of all doors and door frames; and remove or permanently cover lead-based paint on friction surfaces of all windows, or install replacement window channels or slides on those friction surfaces.
Owners must use certified workers and safe work practices. Records are kept at least 10 years. The rest of the housing framework is on our guide to Local Law 1.
Friction work when a child lives there
Local Law 123 of 2023 amended 搂 27-2056.8. The main friction rule is effective September 1, 2024. If a young child lives there and the door and window rubbing surfaces were never permanently fixed at an earlier turnover, the landlord may still have to do that work 鈥 even without a new lease. Ask for the records.
Related 2023 amendments: Local Law 122 of 2023 (effective September 1, 2024) 鈥 when HPD issues a peeling / lead violation in a child-occupied unit, the owner must produce annual notice and investigation records within 45 days. Local Law 127 of 2023 (effective September 3, 2024) 鈥 HPD audits and inspects a minimum of 200 buildings each fiscal year for lead violations.
What you should have been given
A landlord who does turnover work must give the new occupant lead dust clearance test results, with a clear explanation of what the results mean. The owner must certify in writing that turnover work was done, keep or transfer the records, and make them available on request. At lease signing and renewal, owners also provide the Lead Paint Hazards in the Home pamphlet.
Ask in writing. Ask them to keep the records for the whole tenancy. If they refuse, call. Those records are often the proof 鈥 or the absence of proof 鈥 that the work was done.
If they used a household vacuum
A household vacuum can spread lead dust. Cleanup after lead dust requires a HEPA vacuum. Children should not be in the apartment while that work is done. See also Testing and XRF.
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
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.