Quick answer
Lead-based paint was banned for residential use in the U.S. in 1978, so any home or apartment built before then may still have lead paint under newer layers of paint. NYC Local Law 1 requires owners of multiple dwellings to identify and address lead-based paint hazards, presuming lead paint in buildings from before 1960 (extended to 1960–1978 where it's known to be present), with stronger obligations where a child under six lives in the unit. Local Law 31 added further inspection requirements. Testing gives you a documented answer instead of a guess.
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Lead-based paint was banned for residential use in the United States in 1978. That single fact is why the construction date of a building matters so much when it comes to lead-paint risk — and why NYC, with a housing stock skewing considerably older than the national average, has its own legal framework layered on top of the federal ban.
The 1978 cutoff, and why it doesn’t mean “safe after that”
If a building was built or last fully repainted after 1978, lead-based paint generally shouldn’t be part of the picture. But the reverse isn’t automatically true either — lead paint doesn’t disappear when it’s painted over. A building from 1920 that’s been repainted a dozen times since can still have lead-based paint in the layers underneath, simply covered rather than removed. That’s the core reason a building’s age is the starting signal, not the final answer — testing is what actually confirms presence or absence on specific surfaces.
NYC’s own legal framework: Local Law 1 and Local Law 31
New York City doesn’t just rely on the federal ban — it places specific obligations on landlords through Local Law 1, which requires owners of multiple dwellings to identify and address lead-based paint hazards. The law generally presumes lead-based paint is present in buildings constructed before 1960, extended to buildings from 1960 to 1978 where lead-based paint is known to be present, with heightened obligations where a child under six years old lives in the unit. Local Law 31 strengthened these requirements further, including periodic inspection obligations for covered units.
This is worth understanding as a framework, not a set of numbers to memorise — if you’re a landlord or owner, your specific obligations depend on your building’s age, tenancy, and history, and that’s a conversation worth having with your own legal counsel alongside any physical inspection.
What buyers should ask before closing
If you’re buying a pre-1978 property in NYC:
- Ask directly whether the seller or landlord has any lead-paint disclosure, inspection history, or known hazard documentation.
- Get a lead paint inspection during your inspection contingency period if the building’s age puts it in scope — see our pre-purchase inspection service for how this fits into a real-estate transaction timeline.
- Understand the difference between an inspection and a risk assessment. An inspection tells you whether lead paint is present; a lead risk assessment tells you whether it’s actually a hazard right now, based on paint condition and dust testing.
What renters should know
Renters generally have less direct control over testing decisions than buyers, but you’re entitled to ask your landlord about lead-paint history, particularly under NYC’s Local Law 1/31 framework if a child under six will live in the unit. If you’re concerned about peeling or deteriorating paint in an older apartment, raising it with your landlord — and, where appropriate, requesting a professional inspection — is a reasonable and often legally relevant step.
Getting a documented answer
Presumption and legal requirement are one thing; a documented, surface-by-surface test result is another. Our lead paint inspection service tests specific components (windowsills, doors, trim, walls) using XRF or lab-sample methodology, so you know exactly what’s present and where — rather than relying on the building’s age alone.