Pursuant to a new regulation effective February 2, 2026, building owners and managers subject to New York City’s lead-based paint (LBP) requirements can now use paint chip samples to challenge certain violations issued by the NYC Department of Housing Preservation and Development (HPD). The regulation amends Title 28, Chapter 11 of the Rules of the City of New York by adding Section 11-07.1.

The new Section 11-07.1 permits building owners and managers to contest HPD violations issued pursuant to NYC Administrative Code § 27-2056.6 or § 27-2056.6.1 due to a positive x-ray fluorescence (XRF) reading (commonly known as #617 violations) in a dwelling unit or common area, where the positive XRF reading was taken on a surface with a metal or ceramic substrate. Metal, ceramic, concrete and other underlying materials commonly cause interference with X-rays, leading to inaccurate readings. Door frames, surfaces covered with older mesh-containing plaster, and even rogue screws can lead to false positives.

Building owners and managers can now contest such violations with paint chip samples taken by someone who is not an agent of the building owner or of any contractor hired by the building owner to remediate LBP hazards in the building. The challenge must be submitted by the date set for correction in the notice of violation and must include: (1) a sworn written statement by the person who performed the paint chip sampling with details described in the regulation; (2) a copy of such person’s certificate of training as a certified lead-based paint inspector or risk assessor; and (3) a copy of the inspection report for the paint chip sampling; and (4) a copy of the laboratory results.

Prior to the new regulation, such violations could not be contested, even if the building owner or manager had an XRF or paint chip reading that contradicted HPD’s XRF reading. Instead, HPD required building owners or managers to abate the LBP and certify the work.

Note that although the text of the regulation sets the effective date as January 1, 2026, the New York City website for adopted rules sets the effective date as February 2, 2026. HPD has verbally confirmed the February 2 effective date.