Lead paint & safety guide

I'm worried about lead paint in my apartment.

If your building was built before 1978 and there's peeling or chipping paint, lead is a real possibility — and a serious risk to children under 6 and pregnant people. Here's how to protect your household and force a proper fix.

10 min read Last verified April 21, 2026 Print this page

Lead paint poisoning is one of the most preventable serious harms in NYC housing — and one of the strongest tenant-protection laws on the books. Under Local Law 1 of 2004, your landlord is required to find and fix lead hazards in any apartment where a child under 6 lives, in buildings built before 1960. Federal law banned lead paint in residential buildings in 1978, so the older your building, the higher the risk.

Pick your situation below to jump to what applies to you, or read the full page to understand the complete picture. Most tenants only need the first two or three steps.

Treat this as urgent if: a child under 6 lives or regularly visits your apartment and there is peeling, chipping, or chalking paint anywhere — especially on windows, doors, frames, or sills. Lead exposure causes permanent harm to developing brains, and most poisoned children show no symptoms until damage is done. If your child has not been blood-lead tested at age 1 and 2, ask your pediatrician now — testing is free and required under New York State law.

Know your rights

What NYC law requires

Under Local Law 1 of 2004 (the Childhood Lead Poisoning Prevention Act), your landlord has specific obligations in buildings with three or more units built before 1960 (or built 1960–1977 if lead is known to be present). The urgency depends mostly on whether a child under 6 lives in or regularly visits the apartment:

Class Condition Time to fix
C Peeling lead paint or other lead hazard in unit where a child under 6 lives or regularly visits 21 days
B Peeling paint in unit with no child under 6 30 days
A Minor cosmetic paint defect with no peeling, chipping, or chalking 90 days

Your landlord is also required to: send you an annual notice every January asking whether a child under 6 lives in the apartment, investigate the unit annually if you say yes, remediate friction and impact surfaces (window troughs, door frames, door tops) at unit turnover, and use lead-safe work practices (Local Law 31 of 2020) for any repair work that disturbs paint in pre-1960 buildings. They cannot just have the super scrape and repaint.

Source: NYC Local Law 1 of 2004; Local Law 31 of 2020; NYC Housing Maintenance Code §§ 27-2056.1 through 27-2056.18

Tailor this guide

What's your situation?

The legal urgency depends mostly on who lives in the apartment and what's happening with the paint. Pick what fits, or choose "show me everything" to see the full guide.

For your situation

Child under 6 + peeling paint

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What to do, step by step

Step 1 10–15 min

Document peeling paint and high-risk surfaces.

Lead hazards aren't only "obvious peeling paint on a wall." The most dangerous spots are friction and impact surfaces — window troughs and tracks, door frames, the tops of doors, baseboards, stairs — because every time they rub or bang, microscopic lead dust ends up on the floor where children touch and ingest it. Photographing every location matters because each one is its own potential violation, and an HPD inspector won't always check what you don't point out.

How to do it
  1. Photograph every location of peeling, chipping, chalking, or cracked paint. Wide shots first to show the room, then close-ups of the damage. A close-up of paint chips is more useful than a long-shot of a wall.
  2. Specifically check and photograph high-risk surfaces: window troughs (the channel the window sits in), window sills, door frames, the tops of doors, radiator covers, stair treads, and any place a moving part rubs against painted wood or metal. These are the most common sources of lead dust even when the rest of the apartment looks fine.
  3. Include something for scale in close-ups. A coin, a ruler, or a phone in frame helps later when describing the affected area.
  4. Note the location and date for each photo. Most phone cameras save this automatically, but write it down too: "Living room window trough, north wall, 2026-04-21." Specific is better than vague.
  5. Photograph any paint chips on the floor or windowsills. Visible chips are evidence of an active hazard and are dangerous if you have a young child — clean the area carefully (damp paper towels, then bag and dispose) after photographing, and don't sweep or dry-vacuum, which spreads dust.
  6. Save your apartment's annual lead-paint notice form. If you returned one to your landlord saying a child under 6 lives here, find that copy — it's powerful evidence the landlord knew and was required to investigate. If you never received an annual notice, that's also a violation.
What to save

All photos, your written notes, copies of any annual notice you returned, and your child's blood lead test results if you have them. Back everything up — email the files to yourself or save them to cloud storage. Don't risk losing them if your phone breaks.

Step 2 10 min

Tell your landlord, in writing.

Most landlords will respond to a clear written complaint that names Local Law 1, because they know it's one of the most heavily enforced housing laws in NYC. Even if they don't respond, this letter creates the paper trail you need for everything that comes next. A text or a verbal complaint to your super is not enough — it has to be in writing, and you need a copy.

How to do it
  1. Write a short, factual message. Email is fine. If you don't have an email for them, send a letter by USPS Certified Mail with Return Receipt — a few dollars, but proof they received it.
  2. Be specific about every location with peeling, chipping, or chalking paint, and especially mention any high-risk surfaces (window troughs, door frames)
  3. If a child under 6 lives in or regularly visits your apartment, say so explicitly — this triggers the strongest legal protections.
  4. If you returned an annual notice form, mention it (with the date). It's evidence the landlord already knew.
  5. Keep a copy of what you sent and any response.
  6. Attach photos if you're sending email.
Email template — fill it in, then copy
Email or letter

Subject: Lead paint hazard at

Dear ,

I am writing to formally report peeling and chipping paint in my apartment at . The affected locations include . I first noticed the condition on .

A child under the age of 6 the apartment. The building was built in .

Under NYC Local Law 1 of 2004 and the NYC Housing Maintenance Code (§§ 27-2056.1 et seq.), you are required to investigate and remediate any lead-based paint hazards in this apartment. Under Local Law 31 of 2020, any work that disturbs paint must be performed using lead-safe work practices by appropriately trained workers. Dry-scraping, sanding, or repainting over peeling paint is not lawful remediation.

Please respond within 7 days with a plan to inspect and remediate. I have photographs documenting the condition and am happy to provide them upon request. If the problem is not addressed promptly, I will be filing complaints with 311, HPD, and the NYC Department of Health.

For reference, related HPD violation(s) on file at this address: .

Thank you,

What to expect

A responsive landlord will acknowledge your message within a few days and arrange to inspect using lead-safe techniques. What to watch out for: a landlord who promises to "have the super come repaint" or "scrape and prime" the affected areas. That's not lead-safe remediation — and in a pre-1960 building it's actually illegal under Local Law 31. If your landlord proposes any DIY scraping, sanding, or repainting, push back in writing and ask which certified lead-safe contractor will do the work. If they refuse or stop responding, move to the 311 complaint step below.

Step 3 5–15 min

File a 311 complaint.

A 311 complaint triggers an HPD inspection. The inspector will look for peeling paint, test surfaces with an XRF lead detector if a child under 6 lives there, and classify the violation — starting the legal clock on your landlord. This is also where you can request the DOHMH environmental investigation if your child has been tested and has an elevated blood lead level.

How to do it — pick what's easiest
  • By phone: Call 311. If you're deaf or hard of hearing, use TTY at (212) 504-4115
  • Online: Go to portal.311.nyc.gov and search for "lead paint" or "peeling paint."
  • Mobile app: Download the NYC 311 app (iOS or Android). The app lets you upload your photos directly.
What to say on the phone — fill in your details first
Say it in your own words

"I'd like to file a complaint about peeling paint and a possible lead hazard in my apartment at . The peeling paint is on . The building was built in . I first noticed it on . I contacted my landlord on and the problem hasn't been fixed. I have photos."

If a young child or pregnant person lives there: "There is a child under 6 (or a pregnant person) living in the apartment. This is a Local Law 1 violation."

If your child has been tested with an elevated blood lead level: "My child has an elevated blood lead level. I would like the Department of Health to inspect."

Fill in the blanks above so you have a complete script to read from on the call. This is a guide, not a word-for-word script — use your own voice and answer their questions as they come.
What to expect
  • HPD will attempt to contact your landlord first to give them a chance to fix the problem.
  • If the problem isn't fixed, HPD sends an inspector to check for peeling paint and (if a child under 6 lives there) test surfaces with an XRF lead detector.
  • Once a violation is issued, your landlord has 21 days for Class C (lead hazard with child under 6), 30 days for Class B (peeling paint without child under 6), or 90 days for Class A.
  • If you also requested a DOHMH inspection (because of an elevated blood lead level), DOHMH will conduct a separate, more thorough environmental investigation that includes paint, dust, soil, and water testing.
Step 4 5 min

Check the status and keep a paper trail.

You need to know whether HPD has actually inspected, what class of violation was issued, and whether your landlord is on track to fix it within the legal time frame. This is also the moment to escalate if things aren't moving.

Your complaint reference number Not entered yet — you can save it in the 311 complaint step above.
How to do it
  1. Go to HPDOnline and enter your building's address.
  2. Look for open lead-paint violations. Common HPD language includes "abate the lead-based paint hazard," "remove or cover with paint or other suitable material," or violations citing §§ 27-2056.x.
  3. Note the violation number, date issued, and class (A, B, or C). The class tells you how many days your landlord has.
  4. Save a screenshot or print the page.
What to expect

Violations typically appear online within a few days of the inspection. If your complaint doesn't show up at all, the inspection may not have happened yet, or the inspector didn't find a violation — in which case, call 311 again and request another inspection.

Important: Lead remediation requires both physical work and verification testing. If your landlord "certifies" they fixed the hazard, HPD generally requires a follow-up inspection with dust wipe sampling. If you can still see peeling paint, or the work was done by an unqualified person, you can challenge the certification — HPD will re-inspect and, if the condition still exists, the violation will be upgraded.

Step 5 Varies

If nothing's working: escalate.

By this point, you've given your landlord multiple chances and the city has been involved. If the lead hazard hasn't been properly remediated, you have stronger options — but most involve legal or advocacy help, and you shouldn't try them alone.

A. Call the Met Council on Housing Tenants' Rights Hotline

Free, staffed by trained volunteers, and the best starting point for figuring out what to do next.

  • Phone: 212-979-0611
  • Hours: Mon & Wed 1:30–8 PM, Fri 1:30–5 PM.
  • Heads up: The hotline is very busy — call after 4 PM if you can, and avoid Mondays.
B. Start an HP Action in Housing Court

A legal proceeding asking a judge to order your landlord to remediate the lead hazard properly. You can file one yourself or with help from a free legal services organization. An HP Action can result in a court order forcing the landlord to do certified lead-safe remediation, plus fines if they ignore the order. For lead specifically, a court is often the only path that produces remediation done by qualified contractors with proper post-work clearance testing.

C. If you're rent-stabilized or rent-controlled: file for a rent reduction

NYS Homes and Community Renewal (DHCR) can order a rent reduction when essential services aren't provided. Use Form RA-81 for an individual apartment or Form RA-84 for a building-wide issue. Call DHCR at 833-499-0343 for forms.

D. If you qualify: free legal representation

NYC's Right to Counsel program provides free lawyers to low-income tenants facing housing issues. The Met Council hotline (option A) can help you figure out if you qualify.

Free help available

This isn't legal advice. Tenant Triage NYC is an independent guide to help you understand your options and take action. We are not lawyers, and this is not an official government resource. If you need legal advice for your specific situation, please contact one of the free legal help organizations listed above.
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