How can our co-op board comply with NYC rules on lead-based paint?

In most buildings constructed before 1978, including New York City co-ops and condos, testing for lead-based paint is now a legal requirement. The deadline to submit information to NYC’s Department of Housing Preservation and Development is August 9th, 2025. 

“Testing needs to take place in every occupied apartment as well as common areas, hallways, and anywhere shareholders have access,” said Mike Koscinski co-founder of MKM Environmental Consulting, a firm specializing in lead inspections and testing. The responsibility for arranging the inspections will fall to a co-op board or their management company.

Lead is a harmful metal and can be poisonous if it’s ingested. The risk in apartment buildings is if lead-based paint is peeling or chipped. 

“We might see damaged paint on window sills or door frames if friction causes chipping or cracking,” said George Nadirashvili, partner at MKM Environmental Consulting. The presence of lead paint is particularly dangerous for children under the age of six who might get paint chips or dust on their hands and in their mouths.

Meeting regulations and ensuring safe practices

Your co-op building will need to hire an Environmental Protection Agency-certified lead paint inspector who can use an X-ray fluorescence, an x-ray device, to determine lead levels.

“If lead is detected we refer the building owner or co-op board to an EPA-certified lead contractor that can remove the lead paint safely,” Nadirashvili said. After remediation, an EPA-certified inspector will need to conduct dust clearance testing to confirm no hazardous lead levels remain.

If lead is found on a painted surface that is not peeling or there is no child under six that routinely spends more than 10 hours a week at the apartment, the board doesn’t need to take immediate action to remove the lead. However, MKM Environmental Consulting will provide the board with recommendations for lead-safe practices, such as monitoring the painted surfaces, and conducting yearly visual inspections of the surfaces.

If the inspection finds no lead-based paint, MKM Environmental Consulting will provide documentation so the board can file for an exemption from future testing with HPD. 

“We provide all the necessary paperwork to stay compliant—even months or years after the inspection,” Koscinski said. For example, if HPD rejects an exemption request, the team can get involved to ensure compliance.

Access and costs for compliance and inspections 

The co-op board will need to arrange apartment access in order to carry out the lead testing.

“As soon as access can be confirmed we can arrange an inspection within two to three days,” Koscinski said. Once on site, each apartment inspection takes about 30 to 45 minutes. “All the walls separately need to be checked, as well as ceilings, painted floors, baseboards, door components, window components, closets, shelves—every painted surface,” he said. 

The cost for a building depends on the size and number of apartments. Lead-based paint testing ranges from $250-$500, depending on the number of rooms and surfaces in the apartment. 

“There’s an opportunity for discounts if we are doing multiple apartments in one day,” Koscinski said. 

If your building fails to comply with the city’s lead paint rules, the fines can be substantial. Lead-based paint that is not remediated within the stated time frame can incur costs of $250 per day, up to a maximum of $10,000. Failure to submit the lead inspection report to HPD also makes you liable for civil penalties up to a maximum of $1,500.

MKM Environmental Consulting is an EPA certified lead paint firm and the leading environmental consulting company in New York City and New Jersey, specializing in asbestos surveys and inspections, XRF lead-based paint inspections, mold inspection, and air quality testing and much more. To enquire about services or get a free estimate email MKM Environmental Consulting at [email protected] or call or text 718-565-5555 or 347-212-0085.