Lead Paint Rules

“Bring your paint brush and your lawyer – you will need both.”

Landlords and homeowners now face so much new red tape, thanks to the EPA’s new layer of regulations. The US Environmental Protection Administration (EPA) has just issued a new rule on addressing lead-based paint during renovations. Adding to an already complex regulatory regime, this new set of rules governing lead-based paint, phases in implementation between June 23, 2008 and April 22, 2010. Covering the same ground as the repair and renovation portions of New York City’s Local Law 1 of 2004 (LL 1), but with different procedures and thresholds for applicability, the new rules create a confusing alternate scheme for treating lead-based paint during renovation and repair of homes, apartments and child-occupied facilities built prior to 1978.

CHPC has focused on creating briefings for all parts of the housing industry who will be affected by this complex rule adjustment.

Useful Links

Legal blog discusses the CHPC briefing paper

NYC Dept of Health and Mental Hygiene article on Lead Paint

Paint & Sidewalk Liability Legislation Will Burden New York City Building Owners (Building Wire)

EPA Publications and information

HPD Publications and information

DOHMH Publications and information

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April 22, 2010 New EPA Rules Go Into Effect

New EPA Rules Go Into Effect and EPA amends rules to end owner – occupied opt-out

On the same day that its new rules went into effect, April 22, 2010, EPA also amended its rules to end the ability of occupant owners to waive the EPA rules on lead safe work procedures. Under its original rules an owner who occupied a housing unit could certify that there was no child under 6 or pregnant woman occupying the premises. With the new amendment that is no longer permitted. For the amendment and its rationale, go here.…

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Inside Edge: New Federal Lead Rule Around the Corner

Seventeen years after the passage of the federal Residential Lead-Based Paint Hazard Reduction Act of 1992, the final pieces of the implementing regulations are about to go into effect. As set forth in a prior Inside Edge (July 2008, EPA’s New Layer of Lead Paint Rules), unless action is taken by the New York City Council and the relevant city agencies this will result in a new level of confusion and complexity in New York City.

These rules were issued by the US Department of Environmental Protection (EPA) in April of 2008. They govern the precautions that must be taken …

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Inside Edge: EPA’s New Layer of Lead-Based Paint Rules

The US Environmental Protection Administration (EPA) has just issued a new rule on addressing lead-based paint during renovations. Adding to an already complex regulatory regime, this new set of rules governing lead-based paint, phases in implementation between June 23, 2008 and April 22, 2010. Covering the same ground as the repair and renovation portions of New York City’s Local Law 1 of 2004 (LL 1), but with different procedures and thresholds for applicability, the new rules create a confusing alternate scheme for treating lead-based paint during renovation and repair of homes, apartments and child-occupied facilities built prior to 1978. This …

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Urban Prospect: Lead Problem Stymies Legislators

Uncertainty regarding lead paint liability has been a dark cloud hanging over the housing industry for several years. While the City Council and state legislature ponder the difficult issues involved, the legal and financial consequences for the city and for low-income housing are mounting inexorably.

Interior house surfaces covered with lead-based paints have long been recognized as a principal source of lead poisoning in young children, with potentially devastating and irreversible neurological effects. Children are most likely to suffer acute lead poisoning when they eat flaked paint chips or chew on window ledges or other painted surfaces, but recent research …

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