Local Law 31 (Lead Paint): Annual Notice, XRF Inspection & HPD Cure (2026)

If you own a multi-unit residential building constructed before 1960 in NYC, Local Law 31 governs your obligations around lead-based paint — and those obligations have tightened significantly since the law was enacted in 2020. Beyond the well-known annual notice between January 5 and February 15, owners now face XRF inspection requirements, turnover-by-turnover testing, EPA RRP overlap, and a 21-day cure clock for Class C HPD violations.

Roughly 750,000 NYC dwelling units sit in pre-1960 multi-unit Class A buildings — meaning a substantial share of the city's housing stock falls under LL31's purview. The fines are not catastrophic on a per-violation basis, but they accumulate fast across a portfolio, and a single uncured Class C lead violation can trigger an HPD emergency repair lien that compounds at hundreds of dollars per day.

This guide walks the entire owner workflow: who's covered, the annual notice window, what an XRF inspection actually entails, the turnover protocol, the EPA RRP overlap, and the cure timelines that determine whether a notice becomes a lien.

01 · WHO'S COVEREDThe applicability of LL31 in 2026

Local Law 31 (effective Aug 9, 2020, amending Local Law 1 of 2004) applies to:

• Class A multiple dwellings (3+ units) constructed before January 1, 1960.
• Pre-1978 buildings where the owner has actual knowledge that lead paint is present.
• Where a child under 6 resides or routinely spends 10+ hours per week.

The "child under 6" trigger is the operative threshold for most Class C lead violations. Once an owner knows or should know that a child under 6 resides in a unit, the lead-paint obligations apply with full force — including immediate compliance with HPD's cure timelines for any peeling, chipping, or otherwise deteriorated paint.

What "should know" means in practice

HPD does not require actual lease documentation of the child's presence. Inspectors observe the unit and may rely on cribs, toys, photographs, or other indicators. The owner's defense that "we didn't know" is rarely successful when objective evidence shows a young child was clearly present.

02 · THE ANNUAL NOTICEThe Jan 5 – Feb 15 window

The cornerstone of LL31 compliance is the annual notice. Every year, between January 5 and February 15, the owner must distribute a notice to every dwelling unit asking whether a child under 6 resides or spends substantial time there.

What the notice must include

• The owner's contact information for reporting peeling paint or other lead concerns
• A clear statement of the owner's lead paint obligations
• The HPD pamphlet on lead paint hazards (in English and the tenant's primary language if HPD has a translation available)
• A response form for the tenant to indicate whether a child under 6 lives in the unit
• Information about EPA RRP requirements for any renovation/repair work the tenant might commission

How to distribute

HPD permits any of: hand delivery, posting under the unit door, or first-class mail. Hand delivery with signed acknowledgment is strongest; door posting plus mailed certified copy is the typical multifamily approach.

What records to keep

• Copy of the notice for each unit
• Distribution log with date, method, and unit number
• Tenant responses (or note that tenant did not respond)
• Records retained for at least 10 years

03 · XRF INSPECTIONThe proactive testing requirement

LL31 requires owners to identify lead-based paint in every dwelling unit where a child under 6 resides — proactively, not just reactively after a violation is issued. The standard method is XRF (X-ray fluorescence) testing.

When XRF is required

• Within 1 year of a child under 6 first being identified in the unit, if not previously tested.
• Every 3 years thereafter for units with continuing pre-1960 paint.
• At every unit turnover (vacancy followed by re-rental), regardless of child status.
• When responding to a peeling paint complaint in any pre-1960 unit.

Who can perform XRF

Only an EPA-certified Lead Inspector or Risk Assessor — not the building superintendent, not a general contractor. The XRF analyzer itself requires NRC licensing and operator certification. Cost in 2026:

• Single-unit XRF survey — $400–$900
• Per-unit pricing in volume (50+ units) — $250–$500
• Whole-building survey + report — $5,000–$25,000 for medium-size buildings

What XRF reports document

• Every painted surface tested, with lead concentration in mg/cm²
• Surfaces above the federal action level (1.0 mg/cm²) flagged as "Lead Positive"
• Surfaces below the action level documented as "Lead Negative"
• Recommended abatement scope for any positive findings

The XRF report is the owner's legal record that surfaces were tested. In a violation defense, an XRF report showing all surfaces below the action level is the strongest possible documentation — a "lead-free unit" determination protects against many subsequent violations.

04 · TURNOVER PROTOCOLThe vacancy-to-re-rental workflow

LL31 requires lead inspection and remediation between every vacancy and re-rental. The full sequence:

1. Tenant vacates. Owner has the legal right to enter for inspection.
2. Visual inspection by certified inspector. Identify all peeling, chipping, or otherwise deteriorated paint.
3. XRF testing if not previously documented as lead-free.
4. Lead-safe work practices for any paint repair — EPA RRP rules apply.
5. Cleaning verification via wipe sampling after work is complete.
6. Documentation in the unit file.
7. Re-rental can proceed once verification is complete.

Skipping any step is a documentation failure — and in a future violation defense, a missing turnover record is treated as adverse evidence that proper protocols weren't followed.

05 · EPA RRP OVERLAPThe federal layer most owners miss

EPA's Renovation, Repair, and Painting (RRP) Rule applies to any renovation, repair, or painting in pre-1978 housing where children under 6 reside — independent of LL31. This is a federal requirement, enforced by EPA Region 2, with separate fines.

What RRP requires

• Contractor must be EPA Lead-Safe Certified Firm
• Workers must be RRP-trained (8-hour course)
• Pre-renovation containment using plastic sheeting
• HEPA-filtered vacuum cleanup
• Wipe testing post-work
• Distribution of the EPA "Renovate Right" pamphlet to occupants 60 days before work begins

Where LL31 and RRP collide

An owner who hires a non-certified contractor to repaint a unit in a pre-1960 building where a child under 6 lives is simultaneously violating both LL31 and RRP. Penalties from both authorities can apply to the same incident — federal and city, stacked.

06 · HPD VIOLATION CLASSESThe cure timelines that determine cost

HPD lead-paint violations are typically issued at three classes, each with distinct cure windows.

If the violation is not cured within the window, HPD has authority to perform an Emergency Repair Program (ERP) intervention — sending its own contractors to do the work and billing the owner. ERP costs typically run 3–5× what private contractor costs would have been, and they show up as liens on the property tax bill until paid.

The certificate of correction

The cure isn't complete until the owner files a Certificate of Correction with HPD verifying the work was done properly. This requires:

• Contractor information (RRP-certified for pre-1978 units)
• Description of the work performed
• Wipe-test verification by a certified inspector
• Photographs of completed work
• Notarized owner certification

Improper or incomplete certificates are rejected — and the violation remains "open" for ongoing daily penalty accrual until a proper certificate is on file. We've covered the full HPD dismissal request process in detail elsewhere.

07 · 2025 AMENDMENTSWhat changed recently

HPD adopted updated implementation rules effective late 2025, tightening several aspects of LL31:

1. XRF testing now mandatory at every turnover, not just where a child under 6 is moving in.
2. Annual notice must include EPA RRP information in addition to the lead pamphlet.
3. Certificate of Correction documentation requirements expanded — wipe testing now required at every unit cleared.
4. HPD inspector authority expanded to enter common areas without 24-hour notice if peeling paint is observable from public space.

If your standard operating procedures were last updated before late 2025, they're out of date.

08 · WHAT GETS BUILDINGS IN TROUBLEThe five most common LL31 failures

1. Annual notice not distributed in window. Most common failure across NYC's pre-1960 multifamily stock.
2. No XRF on file when child under 6 is present. Inspectors ask for the XRF on first visit; absence is presumptive evidence of non-compliance.
3. Repainting performed by uncertified contractor. Both LL31 and federal RRP violations.
4. Turnover protocol skipped during off-cycle vacancies. Common when units turn over outside the lease term — owners often skip the inspection step for "quick re-rents."
5. Class C cure missed by 1–2 days. The 21-day cure clock is unforgiving; even a 1-day overrun triggers ERP authority.

09 · MONITORINGHow to stay ahead of violations

For owners managing more than a handful of pre-1960 units, manual LL31 tracking has more failure points than any other compliance regime. The annual notice window is short, XRF cycles vary by unit, turnover triggers are unscheduled, and HPD inspector visits are often unannounced.

ViolationWatch tracks every covered building's annual notice deadline, surfaces any HPD lead-paint violation the moment it's recorded in HPD Online, and alerts you within 10–20 minutes when a 311 lead-paint complaint is filed against any of your addresses. Run a free check on your portfolio to see current HPD lead-paint posture, or start a 7-day trial.

10 · BOTTOM LINEThe 2026 LL31 owner playbook

1. Set a January 1 calendar reminder for the annual notice. Distribute by February 15, every year.
2. Inventory pre-1960 units across your portfolio. Tag each by unit and child-under-6 status.
3. Schedule XRF surveys for any unit not previously tested or due for re-test.
4. Standardize the turnover protocol. Every vacancy → visual inspection → XRF if needed → RRP-certified work → wipe verification → re-rental.
5. Use only EPA-certified contractors for any paint work in pre-1978 units.
6. Train your supers on the difference between lead paint and ordinary paint repair.
7. Respond to peeling-paint complaints same-day. The 21-day Class C clock starts the moment HPD documents.
8. Keep records 10 years. Annual notices, XRF reports, turnover logs, repair receipts.

For the regulatory background on LL31, see our LL31 reference page. For the broader 2026 NYC compliance landscape, start at our 2026 NYC local laws guide. For mold and pest obligations under Local Law 55, see our companion guide.