a. The owner of any multiple dwelling or dwelling that performs any work or provides any notices pursuant to this article shall retain all records relating to such work or notices for a period of no less than ten years from the completion date of such work or notification as provided in the rules of the department and this article. If the multiple dwelling is subject to the requirements of section 27-2056.4 or section 27-2056.8, for each dwelling unit in such dwelling the owner shall keep a record of: (i) the date that such unit turned over whenever such turnover occurs; (ii) the name of each inspector, risk assessor or contractor who performed required investigations pursuant to subdivision a-1 of section 27-2056.4; (iii) all testing results performed pursuant to subdivision a-1 of section 27-2056.4 and any other lead based paint testing that has occurred in such unit; and (iv) whether the department has granted an exemption from the presumption established by section 27-2056.5 for any unit in the multiple dwelling. The owner shall make any such records required to be retained by this article available to the department upon the department's request, and shall transfer such records to the owner's successor in title.
b. To determine compliance with the requirements of this article, in addition to the audits required by section 27-2056.7, the department shall audit the records required to be kept pursuant to this article, including pursuant to section 27-2056.4 and 27-2056.8, for a minimum of 200 buildings each fiscal year. Such additional 200 buildings shall also be inspected for violations of section 27-2056.6 in accordance with subdivision b of section 27-2056.9, and for violations of section 27-2056.8 in accordance with subdivision d-1 of section 27-2056.9. Such additional 200 buildings shall be selected by the department, in consultation with the department of health and mental hygiene, using criteria set forth in the rules of the department that shall include, but need not be limited to:
(1) buildings with peeling lead-based paint violations issued as a result of positive x-ray fluorescence tests pursuant to section 27-2056.6, considering the number of such violations and data on the prevalence of elevated blood lead levels in certain geographic areas identified by the department of health and mental hygiene;
(2) buildings with violations that have been issued for other indicators of deteriorated subsurfaces including, but not limited to, mold and leaks, considering the number of such violations and data on the prevalence of elevated blood lead levels in certain geographic areas identified by the department of health and mental hygiene; and
(3) buildings with violations that have been issued pursuant to section 27-2056.8, considering the number of such violations and data on the prevalence of elevated blood lead levels in certain geographic areas identified by the department of health and mental hygiene.
b-1. When the department issues a violation pursuant to section 27-2056.6 for a dwelling unit where a child of applicable age resides, the department shall notify the owner of the multiple dwelling where the dwelling unit is located that the owner shall, within 45 days of the department’s notice, provide to the department records of the annual notice and, where appropriate, records of investigations conducted by such owner, for the immediately previous year. On and after August 1, 2025, the department shall require all records of any x-ray fluorescence analysis conducted pursuant to subdivision a-1 of section 27-2056.4. The failure to furnish such records shall be a separate violation of this section. Nothing in this subdivision shall affect the validity of a certification of correction of a lead-based paint hazard violation issued pursuant to section 27-2056.6.
c. The department shall issue a violation pursuant to subdivision c of section 27-2056.8 to any owner who fails, in response to a demand by the department and in accordance with rules of the department, to produce a record required to be retained by this article pertaining to compliance with the provisions of section 27-2056.8 if the department obtains information from the tenant or another source regarding the date upon which the current tenancy of such dwelling unit began. Such owner may rebut such information provided by the tenant or another source by submitting documents in accordance with rules of the department.
d. The department shall issue a violation pursuant to section 27-2056.4 to any owner who fails, in response to a demand by the department and in accordance with rules of the department, to produce within 45 days of such request such records as are required to be retained by this article pertaining to compliance with the provisions of section 27-2056.4.
e. Notwithstanding any inconsistent provision of section 27-2115, any owner who fails, in response to a demand by the department and in accordance with rules of the department, to produce a record required to be retained by this article within 45 days of such request, shall be liable for a class C immediately hazardous violation, and a civil penalty of not less than $1,000 and not more than $5,000.
f. Notwithstanding any other provision of law, a violation issued to an owner of a multiple dwelling pursuant to section 27-2056.4, 27-2056.7, or 27-2056.17 which requires keeping or producing records for 10 years shall be dismissed as having been corrected if the owner submits: (i) a violation dismissal request form for such violation with the required consecutive 10 years of records, including such records for the year in which the owner is submitting the dismissal request; or (ii) the appropriate violation dismissal request form for such violation with documentation demonstrating that the owner has kept the required records for a period of at least 3 consecutive years, including such records for the year in which the owner is submitting the dismissal request, and upon notification from the department that such submitted documentation is sufficient, a payment of $1,000 for each year of the 10 years that the owner does not submit documentation.
(Am. L.L. 2019/070, 4/14/2019, eff. 10/11/2019; Am. L.L. 2020/031, 2/11/2020, eff. 8/9/2020; Am. L.L. 2020/028, 2/11/2020, eff. 2/11/2021; Am. L.L. 2023/122, 9/3/2023, eff. 9/1/2024; Am. L.L. 2023/127, 9/3/2023, eff. 9/3/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/038 and L.L. 2004/001.