LEGAL CORNER: New York State Lead Paint Registry Law: A Comprehensive Overview

Signed into law by Gov. Kathy Hochul on May 3, 2023, as part of the 2023-2024 New York State budget bill, Section 1377 of the Public Health Law will take effect on Nov. 3, 2025.

LEGAL CORNER: New York State Lead Paint Registry Law: A Comprehensive Overview
John Dolgetta, Esq

Lead-based paint remains a significant public health concern, particularly in older residential buildings, due to its severe health risks, especially for young children and pregnant women. Recognizing this, New York State has introduced a new lead paint registry law, Section 1377 of the Public Health Law [see https://bit.ly/4k8xYPJ], aimed at reducing childhood lead poisoning through enhanced oversight and accountability. This article explores the law’s effective date, legal requirements, legislative history, landlord obligations, compliance costs and the duties of licensed real estate agents under or related to this legislation.

Effective Date

Signed into law by Gov. Kathy Hochul on May 3, 2023, as part of the 2023-2024 New York State budget bill, Section 1377 of the Public Health Law will take effect on Nov. 3, 2025. The obligation to conduct inspections begins on May 3, 2026, with the first round of certifications due by Oct. 1, 2026. The delayed implementation allows the New York State Department of Health and the New York State Department of State time to develop necessary regulations and gives property owners a window to prepare for compliance. As of now, draft regulations have not been proposed for public comment, indicating that further guidance is forthcoming.

Legal Requirements and Legislative History

Section 1377 establishes a statewide rental registry for residential buildings outside New York City that meet specific criteria: buildings with two or more units, constructed before 1980, located in “communities of concern” as determined by the DOH, and currently rented or potentially eligible for rental. The law mandates that owners of these properties conduct lead-based paint inspections and submit certifications to the DOH, ensuring compliance with lead safety standards. It also integrates with the Uniform Fire Prevention and Building Code, making compliance a condition for issuing certificates of occupancy or compliance following periodic fire safety and property maintenance inspections.

The legislative history of Section 1377 reflects New York’s ongoing commitment to addressing lead poisoning. Building on decades of efforts, including New York City’s 1960 ban on lead-based paint and the federal ban in 1978, the state has progressively tightened regulations. The 2004 Childhood Lead Poisoning Prevention Act (Local Law 1) in New York City set a precedent for proactive lead hazard management, and Section 1377 extends similar principles statewide, particularly targeting high-risk areas outside urban centers. The law emerged from growing awareness of persistent lead exposure risks in older housing stock, driven by data from the New York City Department of Health and Mental Hygiene and advocacy from initiatives like LeadFreeNYC, launched in 2019.

Landlord Requirements under Section 1377

Landlords of properties covered by Section 1377 face several key obligations:

Inspection and Testing—Owners must arrange for lead-based paint inspections by EPA-certified professionals using approved methods, such as X-ray fluorescence (“XRF”) testing, to identify lead hazards. Inspections must be completed by May 3, 2026, for properties in the registry.

Certification and Reporting—Landlords must submit certifications to the DOH confirming that inspections have been conducted and any identified lead hazards have been remediated or managed. The first certifications are due by Oct. 1, 2026, with ongoing requirements to maintain compliance.

Remediation—If lead-based paint is found, landlords must hire EPA-certified contractors to safely remove, encapsulate, or cover the paint using lead-safe work practices. This may involve wet scraping, repainting, or encasing surfaces to eliminate hazards.

Recordkeeping—Owners must maintain detailed records of inspections, remediation efforts, and certifications for at least ten (10) years, similar to requirements under New York City’s Local Law 1.

Compliance with Building Codes—The law ties lead paint compliance to the issuance of certificates of occupancy or compliance, meaning failure to meet requirements could delay or prevent legal occupancy of rental units.

Non-compliance carries significant penalties, including civil fines and potential litigation from tenants affected by lead exposure. Landlords must also remain vigilant about tenant notifications, as tenants have a right to know about lead hazards under federal and state disclosure laws.

Compliance Costs

Complying with Section 1377 entails several costs for landlords, which can vary depending on the size, age, and condition of the property. Some of the costs landlords will face are as follows:

Inspection Costs—XRF testing by EPA-certified inspectors typically ranges from $300 to $1,000 per unit, with larger buildings incurring higher costs due to the number of units and common areas. For a small multi-family building, total inspection costs could easily exceed $5,000.

Remediation Expenses—If lead is detected, abatement or encapsulation costs can be substantial. Simple measures like wet scraping and repainting may cost $1,000 to $3,000 per unit, while full abatement, including removal and replacement of surfaces, could range from $10,000 to $30,000, or more for larger areas.

Administrative and Legal Fees—Maintaining records, submitting certifications, and consulting with real estate attorneys to ensure compliance may add $500 to $2,000 annually, depending on the complexity of the property portfolio owned by a landlord.

Potential Fines—Non-compliance penalties can range from $1,000 to $5,000 per violation, with additional costs if violations lead to litigation or emergency repairs ordered by authorities.

While these costs may strain smaller landlords, exemptions are available for properties certified as lead-free through XRF testing, potentially reducing long-term expenses. Proactive compliance can also mitigate legal risks and enhance property value by appealing to health-conscious tenants.

Existing Obligations and Duties of Licensed Real Estate Agents Relating to EPA Lead Paint Disclosure

Licensed real estate agents in New York have specific duties related to lead-based paint disclosures, which intersect with the new registry law. While Section 1377 itself does not directly impose obligations on agents, related legislation, such as federal regulations under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) [see https://bit.ly/4kqjkDi] outline their responsibilities. In October 2024, a new rule was introduced by the EPA which imposed stronger requirements for identifying and cleaning up lead paint dust in pre-1978 homes and childcare facilities [see https://bit.ly/4j7j9f0]. The EPA has also provided an important Fact Sheet [see https://bit.ly/42ZGIBG] which all real estate professionals should review and provide to their clients.

Disclosure Requirements

Agents must ensure that sellers or landlords of pre-1978 properties provide buyers or tenants with an EPA-approved pamphlet, “Protect Your Family From Lead in Your Home,” and disclose any known lead-based paint hazards. This includes providing records of lead inspections or remediation, which may now include certifications from the Section 1377 registry.

Timely Notification

Agents representing buyers must inform them of their rights to conduct lead inspections before signing a contract, typically allowing a 10-day period for such assessments. When representing sellers, agents must ensure buyers are informed if the buyer lacks representation.

Compliance Oversight

Agents must initial the disclosure forms to acknowledge their role in facilitating and acknowledging compliance with the Lead Paint regulations. The EPA has provided updated sample disclosure forms in 2025 [see Sample Seller’s Disclosure of Information at https://bit.ly/3EY1Lvj and Sample Lessor's Disclosure of Information at https://bit.ly/43up8pz]. Failure to meet these obligations can result in penalties, including fines, and/or license suspension or revocation of the agent’s license by the DOS.

Education and Awareness: The Role of the Real Estate Professional

It is important for owners and real estate professionals to be aware of proposed legislation in New York that could increase the obligations and requirements relating to disclosure of lead-based paint test results in real estate transactions [see Lead-Based Paint Disclosure Act proposed in Senate Bills S2142A at https://bit.ly/3FbfL4R and S2353A at https://bit.ly/4mjfJsj]. Agents play a critical role in ensuring transparency in real estate transactions, particularly as the registry law increases scrutiny on lead safety. By facilitating proper disclosures and advising clients on compliance, real estate licensees help protect both parties from legal and health risks.

New York State’s Section 1377 lead paint registry law, effective Nov. 3, 2025, marks a significant step in combating childhood lead poisoning. By mandating inspections, certifications, and remediation for pre-1980 rental properties (in contrast to the pre-1978 date required by the EPA), the law imposes clear responsibilities on landlords while introducing compliance costs that require careful planning. Licensed real estate agents, though not directly regulated by Section 1377, must navigate related disclosure laws to ensure transparency and compliance in property transactions. As the state finalizes regulations, landlords and agents alike must stay informed to meet these new standards, protecting tenants and upholding public health.

Legal Corner author John Dolgetta, Esq, is the principal of the law firm of Dolgetta Law, PLLC. For information about Dolgetta Law, PLLC and John Dolgetta, Esq., please visit http://www.dolgettalaw.com. The foregoing article is for informational purposes only and does not confer an attorney-client relationship and shall not be considered legal advice. The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the views or positions of HGAR, its affiliates, or any other entity.

Author
John Dolgetta, Esq.

Legal Column author John Dolgetta, Esq. is the principal of the law firm of Dolgetta Law, PLLC.

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