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Lead Paint Rules in New York City, Plus Permits and Board Approval

Lead paint rules for Bronx homes: the EPA RRP rule, NYC Local Law 1, testing, painting over lead, disclosure, plus permits, boards and landmarks.

Lead Paint Rules in New York City, Plus Permits and Board Approval

Most Bronx housing was built before 1978, and much of it before 1960. Two sets of lead rules apply here: the federal Renovation, Repair and Painting (RRP) rule from the EPA, and New York City's own lead law, Local Law 1 of 2004.

This page is general information for owners and tenants in New York City. It is not legal advice. For your own case, check with the agency named or with a lawyer.

My house was built before 1978. Do I need to worry about lead paint?

Yes, you should assume it may be there. Lead was banned from house paint in 1978, and older layers often sit under newer coats.

Lead paint that is intact and covered is not the main danger. Dust and chips are, and they come from peeling paint, from windows and doors that rub, and from sanding and scraping. Young children and pregnant women are most at risk.

New York City goes further for rentals. Under Local Law 1, paint is presumed to be lead based in rental apartments in buildings with three or more units built before 1960, and in rented units of one and two family houses of that age. Buildings from 1960 to 1978 are covered when the owner knows lead paint is present.

How do I know if old paint contains lead?

You know by testing. A certified lead inspector can test the paint with an XRF instrument, which reads through all the layers without damage, or by sending paint chips to a lab.

By national figures published by HomeGuide for 2026, a lead inspection costs $300 to $700 and a risk assessment $500 to $1,500. Those are not our prices. Under city law, owners of covered rental buildings had to have every apartment and common area tested once by August 2025, so a landlord should already have results.

Can you paint over lead paint or must it be removed?

Sound lead paint can usually be painted over, and it does not always have to be removed. Painting over it or sealing it with a special coating is called encapsulation.

It only works when the old paint is firmly bonded and is not on a surface that rubs or gets hit. Peeling lead paint has to be made safe first, using lead safe methods. For rental apartments the city has stricter rules for doors and windows: when a unit becomes vacant, the owner must remove or cover lead paint on those friction surfaces and make other repairs.

What certification does a painter need for pre-1978 homes?

Under the EPA's RRP rule, a firm that is paid to disturb paint in housing built before 1978 must be an EPA certified firm, and the work must be led by a certified renovator. That covers painters.

The rule applies unless testing shows the paint is not lead based. New York City adds its own safe work rules for rental housing covered by Local Law 1, which also call for certified firms and workers. Before you hire any painter for an older home, ask to see the firm's EPA certificate. You can look a firm up on the EPA's website.

Do lead rules change the price?

Yes. Lead safe work adds to the price of a job because it adds steps: plastic sheeting, warning signs, wet scraping, special vacuums and a careful cleanup.

For full lead work, the national figures are $6 to $10 per square foot for encapsulation and $10 to $17 per square foot for removal. Abatement is a separate licensed trade from painting. A normal repaint that only touches sound surfaces costs far less than that.

Who is responsible for lead paint disclosure on a rental?

The landlord is. Federal law requires landlords and sellers of housing built before 1978 to disclose any lead paint they know about and to give the EPA pamphlet on lead before a lease or sale is signed.

In New York City, Local Law 1 adds more for landlords. They must send an annual notice each January asking whether a child under six lives in or regularly spends 10 or more hours a week in the apartment. They must inspect and fix lead hazards, and keep records for at least 10 years. The city's housing agency, HPD, enforces this. Tenants can report peeling paint through 311.

Do I need a permit to paint the outside of my house in the Bronx?

Painting on its own does not normally need a building permit. The office for building permits here is the NYC Department of Buildings, and its Bronx Borough Office can confirm for your address.

Related work can need one. Scaffolding, a sidewalk shed over a public walk, structural repairs and new signs are examples. If your job includes any of those, check with the Department of Buildings first.

Do I need HOA or co-op board approval to change my exterior color, and can the board fine me?

Homeowner associations are rare in the Bronx, but co-op and condo boards are everywhere, and yes, you usually need their approval. What a board can do if you skip it, including fees or fines, is set by your building's own documents.

For work inside an apartment, many buildings ask for notice, proof of the contractor's insurance and set working hours. For anything visible from outside, such as a door, window frames or a terrace, expect to need written approval. Shore communities such as Edgewater Park and Silver Beach are co-operatives with their own rules. Read your house rules or ask the management office before you sign with a painter.

Are there paint rules in a historic district?

Yes. On a city landmark or in a historic district, the Landmarks Preservation Commission must approve a change of exterior color before work starts.

The Commission's own guidance says repainting a facade or feature in the existing color needs no permit, but changing colors does. It also says staff cannot approve painting masonry that was never painted. The Bronx has several historic districts, among them ones in Mott Haven and Riverdale. Check your address on the Commission's map before choosing a new color.

Do I need a permit to paint a storefront or commercial building?

Painting a storefront or a commercial building does not normally need a building permit by itself. New signs, awnings, sidewalk sheds and scaffolding are another matter, and the Department of Buildings handles those.

If the storefront is a landmark or in a historic district, the Landmarks rules above apply. Tenants should also check the lease, because many landlords must approve exterior changes.

Must a landlord repaint apartments in New York City?

Yes. The city's Housing Maintenance Code requires owners of multiple dwellings to repaint occupied apartments every three years, and public areas when needed to keep them sanitary. Owner and tenant can agree to put a repaint off for up to two years.

That is why turnover and cycle repaints are steady work in Bronx buildings. See our page on commercial and rental painting.

Need a painter who plans for these rules? Call or text (718) 866-3263.

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