Lead-based paint was banned for residential use in the United States in 1978, when the Consumer Product Safety Commission issued 16 CFR Part 1303. The ban stopped new applications but did not require the removal of existing paint. Homes built before 1978 — especially those built before 1960 in New York City — may still contain lead paint that poses a serious health risk to children.
What's in this video?
An overview of lead paint poisoning in New York City from The Orlow Firm, including how children are exposed and what families should know.
When Was Lead Paint Banned? A Timeline of the U.S. and NYC Bans
Lead has been added to paint for centuries. It made paint dry faster, hold color longer, and resist moisture. By the early 1900s, lead-based paint was the standard in American homes, schools, and apartment buildings.
The science linking lead to serious harm in children was well established long before any government action. Lead damages the developing brain and nervous system — yet for years, industry lobbying blocked federal rules.
The lead paint ban arrived in stages:
- 1951: Baltimore, Maryland was the first U.S. city to ban the use and sale of lead paint in residential buildings.
- 1960: New York City banned lead paint in residential buildings — nearly 18 years before the federal government acted.
- 1971: Congress passed the Lead Poisoning Prevention Act, which restricted lead paint in housing built with federal assistance.
- 1978: The U.S. Consumer Product Safety Commission (CPSC) issued 16 CFR Part 1303, banning lead-containing paint (defined as paint with 0.009% or more lead by weight) in residential properties, children's products, and furniture. The rule took effect February 27, 1978.
The 1978 rule was the national response — but it came after decades of documented harm, mostly to low-income children in older urban housing.
Why Lead Paint Is Still a Problem in New York City
Here is the point most people miss: the 1978 ban stopped manufacturers from making lead-based residential paint. It did not require anyone to remove the lead paint already on the walls of millions of existing homes.
New York City's housing stock is among the oldest in the country. About 76% of all NYC buildings were built before 1960 — the year the city banned lead paint. Most NYC apartments were built during the era when lead paint was the norm.
Lead paint that is in good condition is not an immediate danger. The risk appears when paint deteriorates: it peels, chips, or gets disturbed by the friction of opening and closing windows and doors. This creates lead dust and paint chips. Children under six are most vulnerable because they put their hands and objects in their mouths, and their bodies absorb lead far more readily than adults'.
What lead does to a child's body:
- Damages the brain and nervous system
- Causes developmental delays and learning problems
- Leads to behavioral issues
- Can cause hearing and speech problems
- Effects are often permanent
The CDC has been clear: there is no safe blood lead level in children. The agency's current Blood Lead Reference Value is 3.5 micrograms per deciliter (µg/dL), lowered from 5 µg/dL in October 2021 — reflecting evidence that harm occurs at lower concentrations than previously thought.
In 2023, 5,078 New York City children under age six were identified with blood lead levels at or above that threshold. This is not a historical problem. It is happening now, in apartments built before the lead paint ban.
What's in this video?
An explanation from The Orlow Firm about the types of NYC housing most likely to contain lead-based paint, including building age and the common spots where lead paint is found.
What NYC Law Requires of Landlords: Local Law 1
New York City knew the federal lead paint ban alone would not protect children in older rental housing. In 2004, the City Council passed Local Law 1 — the Childhood Lead Poisoning Prevention Act — one of the strongest lead paint laws in the country.
Who Local Law 1 covers:
- Residential buildings with three or more units built before 1960
- Post-1960 to pre-1978 buildings with three or more units where the owner knows lead paint is present
What landlords must do:
- Inspect annually when a child under six lives in the unit — defined as residing there or spending 10 or more hours per week in the unit
- Fix hazards using certified contractors when peeling or chipping paint is found
- Keep records of inspections and any repairs
- Follow safe work practices — dry scraping or sanding lead paint is prohibited
The NYC Department of Housing Preservation and Development (HPD) enforces Local Law 1 and can take landlords to housing court for violations.
Since these protections took effect, the rate of childhood lead poisoning in New York City has dropped by more than 93% — from more than 21,000 children newly identified with elevated blood lead levels in 1995 to 5,078 in 2023. The law works — when landlords follow it.
Not all do.
When a landlord skips inspections, ignores a known hazard, or uses improper methods that spread lead dust, children in those apartments pay the price. If your child has been diagnosed with elevated blood lead levels and you live in a building covered by Local Law 1, your landlord may have failed a legal obligation they owed you.
If that happened, our Queens lead poisoning lawyers can review your situation at no cost.
Frequently Asked Questions
Is lead paint still in homes today?
Yes. The 1978 federal ban prohibited new lead-based residential paint but did not require its removal from existing buildings. Any home or apartment built before 1978 — and especially before 1960 — may still contain lead paint. In New York City, where most of the housing predates 1960, lead paint remains in hundreds of thousands of apartments.
What year was lead paint banned in New York?
New York City banned lead paint in residential buildings in 1960 — about 18 years before the federal government acted. The federal ban on lead-containing paint came in 1978 through CPSC regulations (16 CFR Part 1303). But even NYC's earlier ban only stopped new use. It did not remove paint already applied in older buildings.
What buildings are most likely to have lead paint?
Any building built before 1978 may contain lead paint. Buildings built before 1960 carry the highest risk because that is when lead-based paint was used most heavily. In New York City, pre-1960 apartment buildings in Queens, the Bronx, Brooklyn, and Manhattan are the primary concern.
What are the symptoms of lead poisoning in children?
Lead poisoning often has no obvious symptoms early on, which is why blood testing matters. As levels rise, children may show irritability, loss of appetite, fatigue, stomach pain, or developmental setbacks. Severe exposure can cause seizures, hearing loss, and lasting cognitive damage. The CDC recommends blood lead testing for all children at ages one and two.
How do I know if my apartment has lead paint?
A certified lead inspector can test your apartment using XRF technology or paint chip sampling. In New York City, tenants in buildings covered by Local Law 1 have the right to ask about inspection records. The NYC Health Department provides resources for testing. If you see peeling or chipping paint in a pre-1960 building, treat it as a potential lead hazard until it is tested.
Sources & Official Resources
Federal Regulations
- 16 CFR Part 1303 — Ban of Lead-Containing Paint (eCFR)
- CPSC Announces Final Ban on Lead-Containing Paint (1977)
NYC Laws & Resources 3. NYC HPD — Lead-Based Paint Information 4. NYC City Council — Lead in NYC Homes Data 5. NYC DOH Annual Report to City Council on Lead-Based Paint (FY2024)
Health Sources 6. CDC — About Childhood Lead Poisoning Prevention 7. CDC — Blood Lead Reference Value Update (3.5 µg/dL, October 2021) 8. EPA — Protect Your Family from Sources of Lead
Contact The Orlow Firm
If your child has been diagnosed with elevated blood lead levels — or you suspect lead paint exposure in your New York City apartment — the attorneys at The Orlow Firm are here to help.
We have handled lead poisoning cases in New York City for over 40 years, recovering millions of dollars for families whose landlords failed to maintain safe housing. Our consultations are free and confidential.
Call us at (646) 647-3398 or reach out online to speak with our team. Se Habla Español.
