M id A tlantic Real Estate Journal — Owners, Developers & Managers — Professional Services — November. 13 - December 10, 2020 — 5C Professional Services By Ken Apen, LEW Corporation Landlords on Alert when it comes to lead-based paint



ederal probe leads to Mayor Bill De Bla- sio signing five bills

have not and will be issued violations. • Starting February 2021, Local Law 11 powers will also be extended to cover 1- and 2-family homes that are not owner occupied through- out the boroughs. They will be subject to the same requirements as multiple dwelling rental units for an- nual notice and inspection for lead-based paint hazards and become subject to HPD inspection and emergency repair provisions. • Under another bill, if the Department of Health

is notified of a pregnant person who tests positive for elevated lead levels, the agency must check the apartment for lead-based paint after the child is born. • Under the fifth bill start - ing in June 2020, any firms or contractors licensed by the City to perform home improvement activities will be required to show proof that they have been certi- fied by the Federal Environ - mental Protection Agency (EPA) in lead-safe work practices. o As a side note, the

Buildings and Health De- partments have teamed up and have been already showing up unannounced at sites with active con- struction permits, targeting pre-1978 buildings under renovation. Inspectors are looking for excessive dust. If lead is found in the dust, additional violations and a stop-work order is issued. o As of June 12, 2019, the new lead in dust standards are: ▪ Floors reduced to 10 mcg/ ft² previously 40 mcg/ft² ▪ Window Sills reduced to 50

mcg/ft² previously 250 mcg/ft² ▪ Window Wells reduced to 100 mcg/ft² previously 400 mcg/ft² Lead paint has been illegal for residential usage in New York City since 1960, but a permanent solution to ad- dress the issue or preventing its exposure has been slow for decades. This time it appears the regulations are substan- tially more aggressive for property owners who fail to comply with lead-based paint regulations. Ken Apen is sales manager at LEW Corporation. MAREJ

in February t ha t de a l wi th New York City’s persistent lead-based paint prob- l em w i t h four of them t a r g e t i n g

Ken Apen

landlords. While many NYC landlords are com - plying with the cities lead paint laws according to a recent NYC Department of Health and Mental Hygiene (DOHMH) audit, many are not, placing too many chil - dren at risk. • Effective August 9, 2020, a bill requires that owners must have the build- ing checked for lead haz- ards and lead-based paint inspected within five years of the effective date by an inspector certified by the Environmental Protection Agency. If a child under 6 years of age was residing in an apartment, owners will have one year to complete a full inspection of that unit. Lead–Based paint haz- ards are presumed to exist in dwelling units and com- mon areas if: o The building was built before January 1, 1960; o The building has three or more apartments; and o A child under the age of six resides in the dwelling unit. ▪ * NEW * Under Local Law 64 of 2019, the defini - tion of the term “resides” is to routinely spend 10 or more hours per week in a dwelling unit, which in - cludes both a child who lives in the apartment and a child (or children) who just visits for this period of time. • Another bill signed tightens up enforcement against landlords who have not taken preventative mea- sures under existing law. NYC Department of Hous - ing Preservation & Devel - opment (HPD) will now be legally obligated to audit a minimum of 200 buildings each year to determine compliance with the annual inspections, child inquiries and turnover responsibili- ties. Building owners who cannot prove they have done so are presumed to

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