N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2056.8
Violation in a dwelling unit upon or prior to turnover (New York City Housing Maintenance Code)
Operative Text
a. Upon the earlier of (i) turnover of any dwelling unit in a multiple dwelling erected prior to January 1, 1960, (ii) by July 1, 2027 for any dwelling unit in a multiple dwelling erected prior to January 1, 1960 where a child of applicable age resides as of January 1, 2025, or (iii) within 3 years after the date a child of applicable age begins to reside in any occupied dwelling unit in a multiple dwelling erected prior to January 1, 1960 prior to turnover, the owner shall within such dwelling unit have the responsibility to: (1) remediate all lead-based paint hazards and any underlying defects, when such underlying defects exist, for each turnover of a dwelling unit; (2) make all bare floors, window sills, and window wells in the dwelling unit smooth and cleanable for each turnover of a dwelling unit; (3) provide for the removal or permanent covering of all lead-based paint on all friction surfaces on all doors and door frames; and (4) provide for the removal or permanent covering of all lead-based paint on all friction surfaces on all windows, or provide for the installation of replacement window channels or slides on all lead-based painted friction surfaces on all windows. b. (1) All work performed pursuant to this section upon turnover shall be performed pursuant to the safe work practices promulgated pursuant to paragraph 3 of subdivision a of section 27-2056.11 . (2) All work performed pursuant to this section prior to turnover shall be performed pursuant to the safe work practices promulgated pursuant to paragraph 1 or 2 of subdivision a of section 27-2056.11 as applicable. c. Any owner who fails to comply with the provisions of subdivision a of this section, or the rules of the department of health and mental hygiene or the department promulgated pursuant to paragraphs 1, 2, or 3 of subdivision a of section 27-2056.11 , as applicable, as determined by subdivision d-1 of section 27-2056.9 shall be liable for a class C immediately hazardous violation. An owner who is presumed to have failed to comply with the provisions of subdivision a of this section or such rules, pursuant to an audit as provided in section 27-2056.7 or section 27-2056.17 , shall be liable for a class B violation and a civil penalty in an amount not to exceed $1,500. d. When the department issues a class C violation pursuant to subdivision c of this section for a dwelling unit, the department shall notify the owner that the owner shall, within 45 days of the department’s notice, provide to the department records regarding the annual notice and, where appropriate, records of investigations conducted by such owner, for the immediately previous year. On and after August 1, 2025, the department shall also require such records to include any x-ray fluorescence analysis conducted pursuant to subdivision a-1 of section 27-2056.4 . e. Where compliance with this section would necessitate that an occupant of a dwelling unit temporarily relocate from the dwelling unit in accordance with the safe work practice rules promulgated pursuant to paragraph 1 or 2 of subdivision a of section 27-2056.11 , as applicable, and such occupant refuses to so relocate, the owner shall be exempt from such compliance upon approval by the department of documentation demonstrating the owner’s good faith effort to perform the required work and the occupant’s refusal to relocate. The department shall promulgate rules describing documentation sufficient for an owner to show good faith effort to perform such work and to show the occupant’s refusal to relocate. Such exemption shall remain in effect until the dwelling unit is turned over to a new occupant. For any dwelling unit where such an exemption is granted, the department shall dismiss any violation of this section (i) which was the basis for the owner’s request for the exemption, or (ii) which was issued after the exemption was granted and prior to the dwelling being turned over to a new occupant. (Am. L.L. 2020/028, 2/11/2020, eff. 2/11/2021; Am. L.L. 2023/123, 9/3/2023, eff. 9/1/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/038 and L.L. 2004/001 .
N.Y.C. Admin. Code § 27-2056.8 establishes lead-paint remediation obligations that apply to dwelling units in New York City multiple dwellings built before January 1, 1960. The rule sets three triggering timelines: unit turnover, a July 1, 2027 deadline for units where a child of applicable age already lives, and a three-year window when a child of applicable age moves into an occupied unit. When triggered, the rule requires owners to remediate lead-based paint hazards and underlying defects, make bare floors and window surfaces smooth and cleanable, and remove or permanently cover lead-based paint on friction surfaces of doors and windows. Failure to comply can result in a class C immediately hazardous violation, while a presumed failure identified through an audit can result in a class B violation and a civil penalty of up to $1,500.
Plain English — not legal advice.
Property owners and managers of pre-1960 multiple dwellings in New York City should be aware that § 27-2056.8 creates distinct compliance deadlines depending on whether a unit is turning over, whether a child of applicable age currently resides there, or whether a child of applicable age moves in during occupancy. Compliant operators generally maintain records of annual notices, lead investigations, and any x-ray fluorescence analyses, and are prepared to submit those records to the department within 45 days of receiving a class C violation notice. When remediation work requires a temporary occupant relocation and the occupant refuses, § 27-2056.8(e) provides a documented good-faith-effort exemption process through the department, which can shield an owner from violations until the unit turns over.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y.C. Admin. Code § 27-2056.8, tenants living in pre-1960 multiple dwellings—particularly households with children of applicable age—have a right to have lead-based paint hazards addressed within the timeframes the law establishes. If a tenant believes an owner has not met these obligations, the existence of a class C or class B violation on record can be relevant information when engaging with the New York City Department of Housing Preservation and Development or when raising a housing maintenance issue in a legal proceeding. Tenants can consult tenant-rights organizations or legal aid services familiar with New York City's lead-paint laws to understand what records and notices they are entitled to receive and what complaint avenues are available to them.
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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