N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2056.5
Presumption (New York City Housing Maintenance Code)
Operative Text
a. In any multiple dwelling erected prior to January 1, 1960, it shall be presumed that the paint or other similar surface-coating material in any dwelling unit where a child of applicable age resides or in the common areas is lead-based paint. The presumption established by this section may be rebutted by the owner of the dwelling or dwelling unit by submitting to the department a sworn written statement by the owner supported by lead-based paint testing or sampling results, a sworn written statement by the person who performed the testing if performed by an employee or agent of the owner, and such other proof as the department may require. Testing performed to rebut the presumption may only be performed by a person who has been certified as an inspector or risk assessor in accordance with subparts L and Q of 40 CFR part 745 or any successor regulations. The determination as to whether such proof is adequate to rebut the presumption established by this section shall be made by the department. b. The owner of a dwelling or a dwelling unit may apply to the department to have such dwelling or dwelling unit exempted from the presumption contained in subdivision a of this section when either (i) an inspection for lead-based paint in such dwelling or dwelling unit, performed in accordance with 40 CFR § 745.227, or any successor regulation, has determined that there is no lead-based paint present in such dwelling or dwelling unit, or (ii) substantial alterations have been made to such dwelling or dwelling unit and such alterations have resulted in the removal or permanent covering of all lead-based paint in that dwelling or dwelling unit. The department shall by rule determine the requirements needed to qualify for such an exemption. Sections 27-2056.4 , 27-2056.8 and 27-2056.9 of this article shall not apply to any dwelling or dwelling unit that has been granted an exemption by the department. c. Any exemption for a dwelling unit granted pursuant to this section prior to the effective date of this subdivision shall remain in effect until: (i) the turnover of such unit on or after the effective date of the rule promulgated by the department pursuant to paragraph (b) of subdivision (7) of section 27-2056.2 , (ii) issuance of a denial of a rebuttal of a lead-based paint violation based upon the presumption of lead paint for such dwelling unit filed pursuant to subdivision a of section 27-2056.5 , (iii) issuance of a lead-based paint violation based upon testing by the department for such dwelling unit, or (iv) issuance of an order to abate lead-based paint hazards or unsafe lead paint by the department of health and mental hygiene, or upon issuance of a denial of an objection to such a commissioner's order to abate filed pursuant to section 173.13 of the health code. Upon the expiration of an exemption pursuant to this subdivision, such exemption shall no longer apply and such dwelling unit shall be subject to all applicable provisions of this article. The owner of such a dwelling unit that was previously exempted may apply for a new exemption pursuant to subdivision b of section 27-2056.5 . The department shall establish requirements for the owner of a dwelling unit that has been granted an exemption by the department prior to the effective date of this subdivision to notify the department of the turnover of the dwelling unit. (Am. L.L. 2019/066, 4/14/2019, eff. 8/12/2019) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/038 and L.L. 2004/001 .
Under N.Y.C. Admin. Code § 27-2056.5, any multiple dwelling built before January 1, 1960, is automatically presumed to contain lead-based paint in units where a child of applicable age lives and in common areas. This presumption can be challenged by an owner through certified testing and sworn documentation submitted to the department, or the owner may seek a full exemption if a qualifying inspection confirms no lead-based paint is present or if substantial alterations have permanently removed or covered all lead-based paint. Exemptions previously granted have defined expiration triggers—such as unit turnover or issuance of a lead-based paint violation—after which the unit becomes subject to all applicable lead-paint requirements again.
Plain English — not legal advice.
Under § 27-2056.5, operators of pre-1960 multiple dwellings generally treat all applicable units and common areas as containing lead-based paint unless they have successfully rebutted the presumption or obtained a departmental exemption. Rebuttal requires certified inspector or risk assessor testing under 40 CFR part 745, along with sworn written statements submitted to the New York City Department of Housing Preservation and Development. Owners who hold older exemptions should track the specific triggering events—such as unit turnover or a new lead violation—that can cause those exemptions to expire and require a fresh application under subdivision (b).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 27-2056.5 establishes that tenants living in pre-1960 buildings with children of applicable age have the benefit of a legal presumption that their unit and common areas contain lead-based paint, which places the burden on the owner to prove otherwise through certified testing. If a tenant believes lead hazards are not being addressed, they may file a complaint with the New York City Department of Housing Preservation and Development, raise the presumption as part of any housing court proceeding, or contact a tenant-rights organization for guidance on available options. Tenants can also ask the department whether their building or unit holds a valid exemption under § 27-2056.5, since an exemption affects which lead-paint obligations apply to their home.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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