Lead Testing for
Co-ops & Condos

NYC Lead Laws That Apply

• Common areas in pre-1960 buildings must be XRF tested (deadline was August 9, 2025 — non-compliant buildings face penalties) (Local Law 31)
• Individual units: exempt if owner-occupied; required if rented
• Co-op boards/condo associations responsible for common area compliance
• Shareholders/unit owners responsible for rental unit compliance

Common Property Types

Case Study

A 120-unit pre-war co-op in the Upper West Side hired us to test all common areas (hallways, lobbies, stairwells, roof deck, gym). Testing completed over 3 days. Cost: $4,800. Board also sent notices to all shareholders reminding them of individual compliance for rented units.

Our Recommendations

• Co-op boards/condo associations: Test all common areas if building is pre-1960
• Individual owners: If you rent your unit, you are responsible for XRF testing
• Boards should notify shareholders of individual compliance obligations
• Consider building-wide coordination to secure volume discounts
• Document ownership/rental status for each unit

Co-op Board & Condo Association Responsibilities

Co-op boards and condo associations occupy the role of "owner" under NYC lead paint law with respect to common areas. This means the board or association — not individual shareholders or unit owners — is legally responsible for ensuring all common areas in a pre-1960 building are XRF tested and any lead hazards are remediated. Common areas include lobbies, mailrooms, hallways, stairwells, elevators, laundry rooms, gyms, roof decks, and any other spaces shared by building residents.

Boards that fail to test common areas by the Local Law 31 deadline (August 9, 2025, now passed) face HPD violations issued against the co-op corporation or condo association as the building owner of record. These violations can affect the building's overall compliance status, which may impact property values, mortgage refinancing, and the board's fiduciary standing. Acting now to complete outstanding testing is critical.

Unit Owner vs. Managing Agent Obligations

The division of responsibility between unit owners and the managing agent in co-ops and condos is an area of frequent confusion. The general rule is straightforward: if you own a unit and rent it to a tenant, you — as the individual owner of that dwelling unit — are responsible for XRF testing of that unit under Local Law 31. Owner-occupied units are exempt from Local Law 31 testing requirements, but the moment the unit is rented, the obligation activates.

Managing agents act on behalf of the board for common area obligations but typically do not bear personal liability for individual unit owner compliance. However, a managing agent who is aware of non-compliant rented units and fails to notify the board or relevant parties may face professional liability. Best practice is for managing agents to maintain a current roster of which units are owner-occupied versus rented, and to send annual reminders to renting shareholders about their individual compliance obligations.

Common Area Testing Scope & Shareholder Notifications

When a co-op board or condo association engages us to test common areas, we provide a comprehensive survey of every shared painted surface in the building — from the basement mechanical room to the roof stairwell door. This typically includes elevator interiors and doors (if painted), fire doors on each floor, hallway walls, ceilings, door frames, baseboard radiator covers, window sills in common corridors, and any painted gym or amenity space equipment.

After common area testing is complete, boards should send written notifications to all shareholders and unit owners informing them of the results — particularly if lead hazards were identified in common areas that are also adjacent to individual units. Shareholder notifications also provide an opportunity to remind renting shareholders of their individual compliance obligations under Local Law 31.