Most Brooklyn housing was built long before lead paint was banned for homes in 1978. That makes lead the main rule to know before any old paint is scraped or sanded here.
This page is general information for Brooklyn owners and tenants. It is not legal advice. The agencies named here decide how the rules apply to your building.
My house was built before 1978: do I need to worry about lead paint?
Yes, you should assume lead paint is present until a test says otherwise. Lead paint that is intact and covered by newer coats is not the main risk. The risk is dust and chips made when it is sanded, scraped, cut or left to peel.
The federal Renovation, Repair and Painting rule, known as RRP, covers paid work that disturbs paint in homes, child care facilities and preschools built before 1978. The EPA runs and enforces the rule in New York State. The state health department points owners and contractors to the EPA for it.
How do I know if old paint contains lead?
You know by testing. A certified lead inspector can test painted surfaces with an XRF instrument without damaging them, or send paint chips to a lab. HomeGuide lists a lead inspection at $300 to $700 as a national figure. Home test kits exist, but a certified inspection is what counts for the rules.
Owners of older rental buildings in New York City may already have results. The city required covered buildings to have all painted surfaces in apartments and common areas tested once by August 2025. Ask your landlord or managing agent.
Can you paint over lead paint or must it be removed?
Lead paint in good condition can usually be left in place and painted over. Sound layers are sealed under new paint. A special coating called an encapsulant can also be used. Removal is needed where the paint is failing or on parts that rub, such as windows and doors.
New York City adds its own rule for rentals. Under Local Law 1 of 2004, when a covered apartment turns over the owner must remove lead paint from door and window friction surfaces, and must use trained firms and safe work practices.
What certification does a painter need for pre-1978 homes?
A painter paid to disturb paint in a pre-1978 home needs to work for an EPA Lead-Safe Certified Firm, with a certified renovator assigned to the job. That is the federal RRP rule. Ask any painter, us included, to show the firm certificate before work starts on old paint.
Owners who work on a home they live in are generally exempt. The exemption ends if you rent out all or part of the home.
Do lead rules change the price?
Yes. Lead-safe work adds to the cost because of the plastic containment, the slower wet methods, the HEPA clean-up and the records. No published figure exists for that add-on to a paint job. For full abatement, HomeGuide lists encapsulation at $6 to $10 per square foot and removal at $10 to $17 per square foot. Those are abatement figures, not painting prices.
Who is responsible for lead paint disclosure on a rental?
The landlord is. Federal law requires owners of most pre-1978 housing to disclose known lead paint and give tenants the EPA pamphlet before a lease is signed. Sellers have the same duty to buyers.
In New York City, Local Law 1 of 2004 goes further. It covers buildings with three or more apartments built before 1960, and those built from 1960 to 1978 where the owner knows of lead paint. It also covers rented units in one and two family homes. Owners must send an annual notice asking whether a child under six lives in the unit, inspect, and fix hazards with safe work practices. The city housing agency, HPD, enforces it. Tenants can report peeling paint by calling 311.
Do I need a permit to paint the outside of my house?
No, not from the Department of Buildings. The department lists painting and plastering among the work that does not need a permit. It also says contractors doing that work must hold a Home Improvement Contractor license from the Department of Consumer and Worker Protection.
Two things can still apply. Scaffolding or a shed over the public sidewalk may need its own permits. And a landmark building has its own rule, below.
Are there paint rules in a historic district?
Yes. If your building is an individual landmark or sits in a historic district, the Landmarks Preservation Commission regulates the outside. The commission's guidance says a facade or feature can be repainted in the existing color without a permit. Changing the color, or painting masonry that is not painted now, needs a permit from the commission first.
Brooklyn has many districts, among them Brooklyn Heights, Park Slope, Carroll Gardens, Stuyvesant Heights, Crown Heights North, Greenpoint, Ditmas Park and Prospect Park South. Interior painting is not reviewed. Check your address on the commission's map before you choose an exterior color.
Do I need HOA approval to change my exterior color, and can the HOA fine me?
Brooklyn has few HOAs in the suburban sense. Here the same role is played by co-op and condo boards. If you live in one, read the house rules and any alteration agreement before work starts. Boards commonly control hallway-side doors, windows and anything visible from outside. Whether a board can fine you depends on its governing documents.
Boards also often require a certificate of insurance from the painter and set work hours and elevator bookings. Tell us what paperwork your building asks for when you call.
Do I need a permit to paint a storefront or commercial building?
Painting a storefront does not need a Department of Buildings permit, since painting is on the department's no-permit list. A new or changed sign is a separate matter with its own rules. In a historic district, a color change on a storefront needs Landmarks Preservation Commission approval. If you rent the space, get the owner's consent in writing as well.
Have a question about your building? Call or text (917) 746-3274.