The time for lead inspections is now - by Lee Wasserman

By now, most NYC property managers have heard of the new lead-based paint inspection laws created to end childhood lead poisoning. To sum up the new laws, impacted property owners in NYC must have all dwelling units inspected for lead paint by August 9, 2025, by EPA-certified inspectors utilizing X-Ray Fluorescence (XRF) testing.

The deadline for NYC property managers to comply with the new lead paint inspections is in August of 2025 unless a child under age 6 resides in the unit or routinely spends more than 10 hours per week there. In those cases, the unit or common areas should have been inspected by August 9, 2021. That means if you have a unit with occupants that have grandchildren who routinely visit, your unit could already be at risk for violations. Back to the 2025 deadline for new lead-based paint inspections.

Property owners are feeling the pressure with COVID eviction moratoriums, rapidly rising inflation, unit access issues, labor challenges, and additional legislation requiring costly inspections and potential abatement. With all these opposing forces coming down on property owners and managers at once it is obvious to see why kicking the proverbial can of ‘lead paint inspections’ down the road feels like a viable option. Deal with it closer to the deadline in 2025, right?

Wrong! Property managers and landlords who choose to wait are facing the risk of labor shortages, increased costs due to increased demand, and a backlog of work orders meaning inspections might not be completed in time for the August 2025 deadline the longer they wait. Having worked in the environmental services industry for over 30 years, my team and I see the crunch coming.

Let’s do some math. There are approximately 150 million rental units in NYC that need to be inspected before 2025 which means 2,272 units have to be inspected every day between now and August 2025 to comply with the new law. That means NYC will need roughly 454 licensed inspectors per day working at full capacity to complete the inspections on time. Seeing as it has taken the largest lead evaluation companies in the Northeast two and a half years to inspect just 100,000 NYCHA units, the estimated 150 million private rental units that need to be inspected simply won’t happen if property managers wait to book inspections. In fact, several of our large housing clients are recommending that property owners partner with a minimum of two EPA Licensed Lead Evaluation entities to help ensure compliance by 2025.

Recently, the New York City Coalition to End Lead Poisoning (NYCCELP) gathered on the steps of City Hall to present its 2022 action guide to end lead poisoning. The coalition, composed of citizens in the legal, health, and media spaces seek to eliminate all sources of lead poisoning in the city by further tightening current regulations while increasing enforcement and increasing violations to motivate property owners to comply.

So what can proactive and smart property managers do? Speak to a lead paint expert and NYC industry leader today! With over 30 years of industry excellence in lead-based paint regulations and lead hazards, our experts at LEW Environmental Services are here to help you navigate the complex NYC lead-based paint laws, commonly referred to as Local Law 1, and all of Local Law 1 recent amendments.

Lee Wasserman is the CEO of LEW Corp. and NAETI, Mine Hill, N.J.