NYC Housing Maintenance Code § 27-2056.5 · cited Dec 1, 1999 – Jun 6, 2007
6,850 NYC housing violations have been issued under NYC Housing Maintenance Code § 27-2056.5, which is 0.1% of every HPD violation attributed to a section. 2,725 are still open, 2,725 of them past the legal deadline on the notice.
The median legal deadline on a § 27-2056.5 notice is 31 days. The median violation that got fixed took 1,500 days to reach “violation closed”, measured across 4,052 closed violations.
The most common orders written under this section, in HPD’s own wording.
| BROOKLYN | 1,379 | |
|---|---|---|
| BRONX | 611 | |
| MANHATTAN | 449 | |
| QUEENS | 284 | |
| STATEN ISLAND | 2 |
§ 27-2056.5 Presumption.
a. In any multiple dwelling erected prior to January 1, 1960, it shall be presumed that the paint or other similar surface-coating material in any dwelling unit where a child of applicable age resides or in the common areas is lead-based paint. The presumption established by this section may be rebutted by the owner of the dwelling or dwelling unit by submitting to the department a sworn written statement by the owner supported by lead-based paint testing or sampling results, a sworn written statement by the person who performed the testing if performed by an employee or agent of the owner, and such other proof as the department may require. Testing performed to rebut the presumption may only be performed by a person who has been certified as an inspector or risk assessor in accordance with subparts L and Q of 40 CFR part 745 or any successor regulations. The determination as to whether such proof is adequate to rebut the presumption established by this section shall be made by the department.
b. The owner of a dwelling or a dwelling unit may apply to the department to have such dwelling or dwelling unit exempted from the presumption contained in subdivision a of this section when either (i) an inspection for lead-based paint in such dwelling or dwelling unit, performed in accordance with 40 CFR § 745.227, or any successor regulation, has determined that there is no lead-based paint present in such dwelling or dwelling unit, or (ii) substantial alterations have been made to such dwelling or dwelling unit and such alterations have resulted in the removal or permanent covering of all lead-based paint in that dwelling or dwelling unit. The department shall by rule determine the requirements needed to qualify for such an exemption. Sections 27-2056.4, 27-2056.8 and 27-2056.9 of this article shall not apply to any dwelling or dwelling unit that has been granted an exemption by the department.
c. Any exemption for a dwelling unit granted pursuant to this section prior to the effective date of this subdivision shall remain in effect until: (i) the turnover of such unit on or after the effective date of the rule promulgated by the department pursuant to paragraph (b) of subdivision (7) of section 27-2056.2, (ii) issuance of a denial of a rebuttal of a lead-based paint violation based upon the presumption of lead paint for such dwelling unit filed pursuant to subdivision a of section 27-2056.5, (iii) issuance of a lead-based paint violation based upon testing by the department for such dwelling unit, or (iv) issuance of an order to abate lead-based paint hazards or unsafe lead paint by the department of health and mental hygiene, or upon issuance of a denial of an objection to such a commissioner's order to abate filed pursuant to section 173.13 of the health code. Upon the expiration of an exemption pursuant to this subdivision, such exemption shall no longer apply and such dwelling unit shall be subject to all applicable provisions of this article. The owner of such a dwelling unit that was previously exempted may apply for a new exemption pursuant to subdivision b of section 27-2056.5. The department shall establish requirements for the owner of a dwelling unit that has been granted an exemption by the department prior to the effective date of this subdivision to notify the department of the turnover of the dwelling unit. (Am. L.L. 2019/066, 4/14/2019, eff. 8/12/2019) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/038 and L.L. 2004/001.
Current through Local Law 2026/116, enacted July 11, 2026 · enacted municipal law, in the public domain · official publication
NYC Housing Maintenance Code § 27-2056.5, "Presumption", is cited on a violation when an HPD inspector finds the condition it covers. In any multiple dwelling erected prior to January 1, 1960, it shall be presumed that the paint or other similar surface-coating material in any dwelling unit where a child of applicable age resides or in the common areas is lead-based paint. The presumption established by this section may be rebutted by the owner of the dwelling or dwelling unit by submitting to the department a sworn written statement by the owner supported by lead-based paint testing or sampling results, a sworn written statement by the person who performed the testing if performed by an employee or agent of the owner, and such other proof as the department may require. Testing performed to rebut the presumption may only be performed by a person who has been certified as an inspector or risk assessor in accordance with subparts L and Q of 40 CFR part 745 or any successor regulations. The determination as to whether such proof is adequate to rebut the presumption established by this section shall be made by the department.
Each notice carries its own deadline set by the violation's hazard class. Across 6,850 § 27-2056.5 notices, the median legal deadline was 31 days from the notice date.
Measured across 4,052 § 27-2056.5 violations that reached "violation closed", the median took 1,500 days from the notice date, against a median legal deadline of 31 days.
2,725 § 27-2056.5 violations are open as of Aug 5, 2026, and 2,725 of them are already past the legal deadline on the notice.
Counted from HPD’s Housing Maintenance Code Violations dataset. Each notice is attributed to a section by HPD’s own order number where one is on record, otherwise by the section its notice text cites. 11,124,402 of the city’s 11,129,441 HPD notices are attributed that way; the share above is a share of those. Figures recomputed Aug 5, 2026.
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