Local Law 38 of New York City is in effect. If your building started occupancy before 1960, your building falls under this Law. For the purpose of this Law "owner" shall mean the cooperative corporation and/or the condominium association.

1. You should have already sent out notices inquiring whether a child six years of age or under resides in the apartment.
2. Notices are due back by March 1, 2000
3. When a resident has sent back the form indicating in the affirmative that a child of six years of age or under lives in the apartment or the "owner" has knowledge (that means a Board person, managing agent or building staff knows or should have known), the "owners must inspect the apartment for peeling paint or deteriorating subsurface (e.g. old leak behind the wall).
4. If there is an inspection, every painted surface must be inspected (including closets, walls behind furniture and wall units, kitchen and bath drawers, doors and windows) and a report must be made and kept for three years. When the inspection is being conducted, drawers, doors and windows are of a particular interest because the painted surfaces may not bind. (This causes paint dust, the real culprit in lead poisoning).
5. If a condition exists, correction must be made under the New York City Department Housing Preservation and Development (HPD) Interim Control Practices (To get a copy of the HPD's Interim Control Practices - call 212-BAN-LEAD).

For cooperatives and condominiums, the big headache and the biggest gray area in the law are turnovers. Sale, resale and sublet (whenever you have a change of resident) the "owner" must inspect and if a correction is needed the "owner" must do so immediately under the Interim Control Practices. In some cooperatives, the corporation gains control of the apartment and inspects and repairs the unit. For a majority of cooperatives and condominiums, this is a private transaction between buyer, seller or shareholder, unit owner and lessee. The corporation or association never inspected units; this may prove to be a big problem for some Boards. It is recommended that before you do anything in regardw to Local Law 38, you consult your corporate or association's attorney. It has been recommended that in case of divorce or child custody where there is a shared custody, the child is considered residing in the apartment, if only on a part time basis.

THREE THINGS IN REGARD TO LOCAL LAW 38

1. The City will look to the "owner" or Board for compliance of the Law.
2. Look to your corporate or association documents. The Law allows for cooperatives and condominiums to shift correction responsibility to the unit owner or shareholder (Again, only if your documents allow)
3. Please consult your cooperative/condominium attorney before you embark on a lead base paint policy.

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