NYC Lead Paint Turnover Requirements: What Landlords Must Do Before a New Tenant Moves In

What Counts as “Turnover”?

HPD defines turnover as the moment a dwelling unit changes tenants: the apartment becomes vacant, and a new tenant will move in. This is the safest and most practical time to complete lead-based paint correction work because the unit is empty, access is easier, and tenants are not exposed while work is being performed.

The key point landlords miss: turnover rules are not limited to families with children. According to HPD guidance, required turnover work applies every time a dwelling unit changes tenants, regardless of whether the previous or future tenant has a child under age six.

Which Buildings Are Usually Affected?

NYC lead paint obligations generally apply to residential buildings built before 1960. They can also apply to buildings built from 1960 through 1977 if the owner knows lead-based paint is present. Under Local Law 1, pre-1960 buildings are presumed to contain lead-based paint unless testing and exemption records show otherwise.

For owners, that means the safest compliance approach is simple: if the building is pre-1960 and the unit has not been proven lead-free through proper XRF testing and HPD exemption, treat turnover as a required lead compliance checkpoint.

What Must Owners Do Before the New Tenant Moves In?

HPD’s turnover guidance lists several required correction items. These are the core obligations owners should check before handing over keys:

Doors, Door Frames, and Friction Surfaces: The Big Mistake

The most common turnover issue is friction surfaces. A friction surface is a painted surface that rubs against another surface during normal use. Doors and door frames are the classic example. When lead-based paint is present, that rubbing can create lead-contaminated dust even if the paint does not look dramatic from across the room.

HPD specifically states that owners must remove lead-based paint from friction surfaces on all doors and door frames at turnover. In practice, that may mean component removal, replacement, or properly performed abatement depending on the surface and condition.

How Child-Under-6 Rules Connect to Turnover

A “child-under-6 unit” is an apartment where a child under six years old resides or routinely spends 10 or more hours per week. These units trigger ongoing annual inspection and repair duties while occupied.

Turnover is different. Turnover work is required when the unit changes tenants. But the child-under-6 rule becomes important because HPD inspections often focus on occupied units with young children. If HPD finds lead-based paint hazards on door or window friction surfaces in a child-under-6 unit and learns the tenant moved in after Local Law 1 took effect, HPD may issue turnover violations for failure to complete the required work before occupancy.

Safe Work Practices: Who Can Do the Work?

Lead paint work is not ordinary maintenance. HPD and federal EPA rules require certified firms/workers for many types of paint-disturbing work in pre-1978 housing. HPD’s safe work guidance says owners should use lead-safe work practices when repair or renovation will disturb 2 square feet or more of paint in a room, 10% or more of a small component, or involves window removal.

For work intended to permanently remove lead-based paint, or work performed to correct HPD/DOHMH violations, owners generally need an EPA-certified lead abatement firm with certified abatement workers/supervisors. For non-violation renovation work, an EPA-certified Renovation, Repair and Painting (RRP) firm may be required depending on the work scope.

What Records Should Landlords Keep?

HPD states that turnover inspection and work records must be kept for 10 years. A good turnover file should be easy to understand years later, even if property managers or contractors change.

Common Owner Mistakes

Best Compliance Strategy Before Move-In

The strongest approach is to treat every vacancy in a pre-1960 rental building as a mini lead compliance audit. Before advertising the unit as move-in ready, confirm whether the apartment has valid XRF testing, whether any surfaces are positive or presumed lead-based paint, and whether turnover work is needed.

1. Review existing XRF and exemption records. If the unit has never been tested, the owner may still be dealing with presumed lead-based paint.
2. Inspect high-risk surfaces. Focus on doors, door frames, windows, chewable surfaces, peeling paint, floors, sills, and window wells.
3. Use the right certified contractor. Match the contractor certification to the work scope and whether the work is violation-related.
4. Document everything before occupancy. Keep photos, reports, invoices, certifications, notices, and clearance results together.
5. Give the required lead paperwork to the new tenant. HPD states owners must certify turnover compliance on the Lease/Commencement of Occupancy Notice and provide documentation upon request.

Frequently Asked Questions

Does turnover work apply if the next tenant has no children?

Yes. HPD guidance says turnover occurs when the unit becomes vacant and a new tenant will move in, regardless of whether the new tenant has a child under six.

Is XRF testing the same as turnover work?

No. XRF testing identifies where lead-based paint is present. Turnover work is the correction or abatement work required before the next tenant moves in. XRF testing helps owners know what must be addressed and what documentation they can rely on.

Do doors and windows always need replacement?

Not always. HPD notes that removing lead-based paint from door and door-frame friction surfaces can result in replacement of the door and frame. The correct method depends on the component, test results, condition, and contractor’s compliant work plan.

Can a landlord do the work themselves?

Only if properly certified for the specific work. HPD’s safe work guidance explains that owners or contractors must have the appropriate EPA certification depending on whether the work is renovation, abatement, or violation-related.

How long should turnover records be saved?

HPD states that records of turnover inspections and work must be maintained for 10 years.