Lead Paint Laws in New York: What Renters Need to Know

Lead-based paint is a serious health hazard, especially in older New York rental properties. If you rent in New York, it's important to know the laws protecting you and your family from lead paint—especially if your home was built before 1978. This guide explains your rights, how to spot risks, which official forms you might need, and steps to take if you suspect a lead hazard.

Understanding Lead-Based Paint Hazards

Federal and New York State laws require landlords to take specific steps if there is a risk of lead-based paint in rental units built before 1978. Exposure to lead—common in peeling paint or dust—can seriously harm children and pregnant women, causing learning disabilities, behavior issues, and health problems.

• Homes built before 1978 are the highest risk.
• Lead can be present in paint, dust, or soil.
• Young children are most vulnerable to lead poisoning.

Your Rights as a New York Renter

As a renter, New York law gives you several protections:

• Before signing a lease, landlords must disclose any known lead paint hazards and provide you with an official pamphlet on lead safety.
• If hazards are present, they must be addressed according to state and local laws.
• The rental property must be kept in a safe, livable condition ("warranty of habitability")—this includes protection from lead risks.

Key Legislation & Where to Learn More

• New York State Real Property Law covers tenant and landlord responsibilities statewide.¹
• NYC Lead Paint Law (Local Law 1 of 2004) applies to many New York City homes.²

Required Forms for Renters and Their Use

Certain official forms are required to ensure you're informed and can protect your rights:

• Lead Disclosure Form (HUD Form 9548, EPA Form 747-K-99-001)
  Landlords must provide this form before renting pre-1978 housing. It informs you about any known lead hazards. See the official form.
  Example: If you are viewing a rental built in 1965, the landlord gives you this form, indicating whether there are known lead paint issues.
• Protect Your Family From Lead in Your Home (EPA Pamphlet, EPA-747-K-12-001)
  This pamphlet must be provided with the lease, explaining lead dangers and prevention. Read the official EPA pamphlet.
  Example: You're given this pamphlet at move-in to help identify risks early.

Action Steps If You Suspect Lead Hazards

If you believe your rental unit may expose you or your family to lead:

• Write to your landlord, requesting immediate inspection and remediation of any suspected lead paint hazards.
• If your landlord does not respond, you can submit a complaint to local housing authorities.
• New York City renters can file a lead hazard complaint through NYC311 Lead Paint Complaint for an official inspection.
• Outside NYC, contact your local health department or county housing agency.

Promptly reporting hazards helps ensure enforcement of habitability rules and keeps your home safe.

Who Oversees Tenant-Landlord Issues in New York?

The New York State Division of Housing and Community Renewal (DHCR) - Office of Rent Administration manages residential tenancy concerns for many renters, hearing tenant complaints and handling rent and maintenance issues statewide.³

FAQ: Lead-Based Paint Hazards for NY Renters

1. How do I know if my rental has dangerous lead paint?
   Ask your landlord for the required lead disclosure and look for signs of chipping or peeling paint, especially in pre-1978 homes. For more certainty, request an inspection from your local health department.
2. What can I do if my landlord doesn't fix a lead paint problem?
   Write a complaint to your landlord. If the hazard remains, file a complaint with the DHCR or your local health department.
3. Are landlords required to remove all lead paint in New York?
   No—landlords must repair and remove hazards, such as peeling paint or lead dust, especially in units where children under age 6 live.
4. Can I get my own lead inspection?
   Yes. Contact your county or city health department and ask for a lead paint inspection.

Conclusion: Key Takeaways for Renters

• Renters in New York have strong legal protections against lead paint hazards.
• Landlords must disclose and address lead risks and maintain safe living conditions.
• Use official forms and contact local health authorities if hazards are not fixed quickly.

Need Help? Resources for Renters

• New York State DHCR Office of Rent Administration: Main rent complaints and housing information
• NYC 311 Lead Paint Complaint: Report lead paint hazards in New York City
• NYC Lead Poisoning Prevention: Services for families and renters
• New York State Department of Health: Lead Program: Testing, education, and outreach statewide
• U.S. EPA: Lead Disclosure Requirements: National rules and forms

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1. See New York State Real Property Law.
2. See NYC Local Law 1/2004: Lead-Based Paint Hazards.
3. Contact New York State Division of Housing and Community Renewal for tenant complaints and help.

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