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What a friction surface is (and why intact paint can still make dust)

A friction surface is a painted surface that rubs against another surface when something moves. The most common examples at home are a window sash sliding up and down in its channel and a door rubbing against its frame.

Peeling paint is easy to see. Friction is harder to notice. Paint on a window sash can look smooth and whole, yet the rubbing that happens each time the window moves can wear it into dust. That dust collects on the sill and in the well, the flat area at the base of the window, and on the floor beneath it. A child who touches the sill and then puts a hand in the mouth can swallow it.

That is why the New York City Department of Housing Preservation and Development (HPD) says owners must deal with door and window friction surfaces 鈥渆ven if the paint is intact,鈥� unless those surfaces were already abated. In HPD鈥檚 words, the requirements 鈥渁pply regardless of whether peeling paint is visible.鈥�

A map of the surfaces in an older NYC apartment

Here is how the law and HPD鈥檚 guidance sort the surfaces in an apartment in a building put up before 1960:

These duties come from the city鈥檚 Administrative Code, section 27-2056.8(a)(1) through (4), and HPD鈥檚 guidance on required correction at turnover and in units where a child under six lives.

What NYC law requires owners to do

For apartments in multiple dwellings built before January 1, 1960, the law says the owner must 鈥減rovide for the removal or permanent covering of all lead-based paint on all friction surfaces on all windows, or provide for the installation of replacement window channels or slides on all lead-based painted friction surfaces on all windows.鈥� The same section requires the same removal or permanent covering for friction surfaces 鈥渙n all doors and door frames,鈥� and requires the owner to 鈥渕ake all bare floors, window sills, and window wells in the dwelling unit smooth and cleanable.鈥�

The work has to follow safe work practices. When the work is done at turnover, the city鈥檚 rules must require lead-contaminated dust clearance tests when it is finished, and a copy of the clearance results goes to the occupant. HPD also says records of turnover inspections and work must be kept for 10 years.

For how these duties fit into the wider law, see our guide to Local Law 1. For the full list of work owners do between tenants, see turnover work.

When the work is due: turnover and the occupied-unit clock

Under the law as amended by Local Law 123 of 2023, which took effect September 1, 2024, the owner must do this work at whichever of three points comes first: when the apartment turns over to a new tenant; by July 1, 2027, for an apartment where a young child lived as of January 1, 2025; or within three years after a young child begins to live in an occupied apartment. HPD describes the child as a 鈥渃hild under six,鈥� and says the three-year clock starts when the owner learns the child lives there, such as through the annual notice, the lease, or a tenant鈥檚 written notice. If the work in an occupied apartment requires the family to move out for a time and the family refuses, the owner can ask HPD for an exemption by showing a good-faith effort, and that exemption lasts until turnover. For what landlords must document at turnover and in occupied units, see our separate article.

Why the dust matters for young children

Young children crawl, lean on window sills, and put their hands and toys in their mouths. Lead dust on a sill or in a window well is easy to miss and easy to swallow. That is why the law pairs friction-surface work with the rule that sills, wells, and bare floors be smooth and cleanable, so dust does not settle into rough or cracked surfaces.

Old windows have long been part of lead cases. In Chapman v. Silber, 97 N.Y.2d 9 (2001), a case from Albany decided outside New York City鈥檚 local law, the court鈥檚 account of the facts recited that 鈥渢he paint in the window tracks was chipped and peeling and that the window sills held an accumulation of paint chips and dust.鈥�

Dust is measured by wipe tests. To learn what the dust-wipe numbers mean, see our separate article.

What families can do

• Tell the owner in writing that a child under six lives in the apartment, and keep a copy.
• Report peeling paint to the owner and to 311, and write down the date and any complaint number.
• Ask for documentation of turnover work and of any dust clearance test results for your apartment.
• Take photos of window sills, wells, and any paint chips or dust, with dates.
• Keep copies of your lease, letters, emails, and any HPD or Health Department papers.

To understand how apartments are tested for lead, see our testing guide. And if your child already has a lead test result, start with your pediatrician and see our next-steps guide.

If your family has questions about lead in your home, a New York lead poisoning lawyer can help you sort out your options. Call The 麻豆传媒官网 at (212) 888-5100.

Deadlines

Lead claims have deadlines, and some are short, especially when a city agency or NYCHA is involved; see time limits.

Talk with the firm

If you live in an older apartment with a young child and worry about dust from old windows, we are here to listen. Call The 麻豆传媒官网 at (212) 888-5100. There is no fee to speak with us or for us to evaluate your potential case.

Sources

• NYC Administrative Code 搂搂 27-2056.8, 27-2056.9, 27-2056.11:
• Local Law 123 of 2023 (Int. No. 6-A of 2022): ;
• HPD, Required Correction at Turnover and in Child-Under-6 Units:
• Chapman v. Silber, 97 N.Y.2d 9 (2001):

This is a general summary of New York City law, not legal advice.

Related pages

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