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Lead Paint Regulations for NYC (Queens) Rent Regulated Apt.

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Lead Paint Regulations for NYC (Queens) Rent Regulated Apt.

Postby Renz1088 » Mon Jan 14, 2019 3:20 pm

Hi folks,

I've been living in a rent-regulated apartment in Queens, New York for some time now. My wife and I are expecting our first child, and we received a notice that reminded us about the need to have our apartment tested for lead.

This building is old (built before 1978). So I believe that the law requires that the owner needs to perform the testing. However, when I called the LL today, he mentioned that he cannot directly have a lead inspection without first being directed to by the Buildings Department. I'm confused by this, as all online documentation seems to indicate that the owner can, and should, be on top of this.

So, that's why i'm asking this question: Given the fact that this is an old building, and that there will soon be a baby residing within it, what are my rights when it comes to having the apartment tested for lead paint?

Thank you all in advance!
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Re: Lead Paint Regulations for NYC (Queens) Rent Regulated A

Postby TenantNet » Mon Jan 14, 2019 3:38 pm

It's just another LL lie. Buildings (DOB) is for construction, electrical and plumbing installations. Lead is usually paint and has nothing to do with DOB.

Start here - these might get you going:
https://www.nmic.org/nyccelp.htm
- the page is a bit dated, but I think it's current for the most part
https://www1.nyc.gov/site/doh/data/heal ... oning.page
https://www1.nyc.gov/site/doh/health/he ... -pubs.page
https://www1.nyc.gov/nyc-resources/serv ... -law-guide

BTW, all LLs are required to give tenants a lead notice yearly. You should get something that looks like this:
https://www1.nyc.gov/assets/doh/downloa ... notice.pdf
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Re: Lead Paint Regulations for NYC (Queens) Rent Regulated A

Postby Renz1088 » Tue Jan 15, 2019 1:36 pm

Thank you so much for the helpful information!

UPDATE:

Today I got a call from the landlord where he was basically ranting about why we don't need to have the apartment and building checked for lead. I told him that the reason we were requesting this in the first place was due to to the pamphlets in the lease renewal package that clearly state the law. The building is old (built in 1930), and sadly, there are more and more violations that seem to be appearing within the building. Just last month, an apartment was deemed uninhabitable by the city, so I'm starting to think that the owner is getting desperate.

He was extremely defensive and just trying his hardest convince me not to do it. When I told him that I still wanted the test performed, he started making assumptions about my character ("you're the type of person that doesn't believe anyone") and telling me that I needed to educate myself.

So, considering the amount of chipped paint we have, and the fact that any time we turn on the bathtub, brownish water comes out, coupled with all of the recent violations that the building is experiencing, I think it's clear that we will have to report this to the city. I'm going to begin that process by reaching out to 311. I'll keep everyone updated.

Thank you for your help!
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Re: Lead Paint Regulations for NYC (Queens) Rent Regulated A

Postby TenantNet » Tue Jan 15, 2019 1:49 pm

I have a feeling the brown water is just rust in the pipes. But it doesn't hurt to check. I seem to remember hearing that some old pipes might have lead. The real problem it seems is the paint.

From here on, you need to document everything. Keep all letters you receive (and the envelopes for postmarks). Keep a diary of all letters and email you send out. If you can, record the phone conversations (NY is a one-party state, so it's legal) and write down the conversation you have with the LL in person.
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Re: Lead Paint Regulations for NYC (Queens) Rent Regulated A

Postby BubbaJoe123 » Wed Jan 16, 2019 9:51 am

For the water, you can request a free test kit from the city. I'm not aware of any requirement that the landlord perform that test.

https://www1.nyc.gov/nyc-resources/serv ... king-water
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