Bill Text: NY A02087 | 2009-2010 | General Assembly | Amended
Bill Title: Enacts the childhood lead poisoning prevention and safe housing act of 2010 to make enforcement of lead hazard control standards in the state of New York more certain and more effective; creates a loan fund to assist owners in complying with lead-safe requirements; provides for inspections and certification of inspectors and remediators; requires registration of affected properties; provides tax credits for remediation; provides for appointment of deputy commissioner of housing and community renewal to oversee provisions; provides for educational programs relating to lead poisoning and abatement.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Introduced - Dead) 2010-05-11 - print number 2087a [A02087 Detail]
Download: New_York-2009-A02087-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2087--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. PEOPLES-STOKES, LAVINE, ORTIZ, STIRPE, JAFFEE,
BOYLAND, COLTON, JOHN, JEFFRIES, BENJAMIN, DINOWITZ, ROBINSON, ROSEN-
THAL -- Multi-Sponsored by -- M. of A. DelMONTE, DESTITO, GALEF, HOOP-
ER, LUPARDO, MAISEL, McENENY, SWEENEY, TITONE, TOWNS, WEISENBERG --
read once and referred to the Committee on Health -- recommitted to
the Committee on Health in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law, the real property law, the tax
law, the state finance law, the multiple dwelling law, the multiple
residence law, the social services law, and the insurance law, in
relation to enacting the "childhood lead poisoning prevention and safe
housing act of 2010"; and to repeal certain provisions of the public
health law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "childhood
2 lead poisoning prevention and safe housing act of 2010".
3 S 2. Legislative findings and purposes. 1. (a) Lead poisoning of
4 children persists as one of the most prevalent and preventable environ-
5 mental diseases in New York. At least 10,000 children were newly iden-
6 tified with levels of lead in their blood at 10 micrograms per deciliter
7 (ug/dl) in New York state in 2001. Moreover, only about one-third of
8 children are receiving the lead screenings that are required by law and
9 therefore, the actual number of children affected by the ingestion of
10 lead is undoubtedly significantly greater than reported. Prevention is
11 the only effective way to protect children from irreversible damage.
12 Unless lead poisoning is prevented, elevated blood lead levels will
13 result in impairment of the ability to think, concentrate, and learn.
14 (b) Medical research indicates that children can suffer permanent,
15 irreparable damage at blood levels even lower than 10 ug/dl, and that
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04755-04-0
A. 2087--A 2
1 there is no level of lead ingestion which is without adverse impact.
2 Medical research also indicates that fetal injuries from lead paint can
3 occur if women have elevated blood levels during pregnancy. Because of
4 this, intervention measures that wait until children have been exposed
5 have limited benefits, and the pursuit of primary prevention, which
6 means eliminating lead hazards before children are exposed, has been
7 recommended by the United States centers for disease control and
8 prevention and promoted by leading experts in the field as a critical
9 course of action to protect the health of young children.
10 (c) The predominant cause of lead poisoning in children is the inges-
11 tion of lead particles from deteriorating or abraded lead-based paint
12 from older and poorly maintained residences.
13 (d) Deteriorating lead-based paint or excessive amounts of lead-conta-
14 minated dust in these poorly maintained homes endangers the intellectual
15 and emotional development and physical well being of affected children.
16 In addition, unsafe work practices that inadequately control lead dust
17 in the repair or renovation of older homes can cause substantial lead
18 hazards.
19 (e) Although New York state banned the sale of lead paint in 1970,
20 (l.1970, ch. 338) seventy-four percent of New York's housing stock was
21 constructed prior to 1970. At least ninety percent of lead-based paint
22 still remaining in occupied housing exists in units built before 1960.
23 New York state has both the largest percentage and the largest absolute
24 number of older housing units with lead paint in the nation.
25 (f) The dangers posed by lead-based paint can be substantially
26 reduced, although not eliminated, by taking measures to prevent paint
27 deterioration and limiting children's exposure to paint chips and lead
28 dust.
29 (g) The deterioration of lead-based paint in older residences results
30 in increased expenses each year for the state of New York in the form of
31 special education and other education expenses, medical care for lead-
32 poisoned children, and expenditures for delinquent youth and others
33 needing special supervision.
34 (h) Older housing units remain an important part of New York's housing
35 stock, particularly for those of modest or limited incomes. The problem
36 of lead-based paint in housing affects urban, suburban and rural areas
37 of the state.
38 (i) The existing housing codes and enforcement systems in most juris-
39 dictions do not include primary prevention measures for lead hazards and
40 have proven ineffective in encouraging widespread lead-based paint
41 hazard abatement, mitigation, and control.
42 (j) The financial incentives currently in place have not proven suffi-
43 cient to motivate landlords and other property owners to undertake wide-
44 spread and effective lead-based paint hazard abatement, mitigation, and
45 control; moreover low and moderate income property owners may not have
46 access to the resources to eliminate or reduce substantially lead
47 hazards.
48 (k) Insurance companies are reluctant to provide coverage to property
49 owners in the absence of evidence that lead hazards have been appropri-
50 ately addressed.
51 (l) Knowledge of lead-based paint hazards, their control, mitigation,
52 abatement, and risk avoidance is not sufficiently widespread, especially
53 outside urban areas.
54 2. The purposes of this act are: (a) to increase the supply of afford-
55 able rental housing in the state of New York in which measures have been
A. 2087--A 3
1 taken to eliminate or substantially reduce the risk of childhood lead
2 poisoning;
3 (b) to ensure that New York's response to lead-based paint hazards
4 focuses on primary prevention as the essential tool to combat childhood
5 lead poisoning, and thus to substantially reduce, and eventually elimi-
6 nate, the incidence of childhood lead poisoning in the state of New
7 York;
8 (c) to establish and make enforcement of lead hazard control standards
9 in the state of New York more certain and more effective;
10 (d) to improve public awareness of lead safety issues and to educate
11 both property owners and tenants about practices that can reduce the
12 incidence of lead poisoning;
13 (e) to provide access to the resources for property owners and land-
14 lords who commit to undertake specified lead hazard reduction measures;
15 and
16 (f) to facilitate the availability and affordability of liability
17 insurance protection to those landlords and other owners who undertake
18 specified lead hazard reduction measures.
19 S 3. Section 1370 of the public health law is REPEALED and a new
20 section 1370 is added to read as follows:
21 S 1370. DEFINITIONS. 1. "ABATEMENT" MEANS ANY SET OF MEASURES
22 DESIGNED TO PERMANENTLY ELIMINATE LEAD-BASED PAINT OR LEAD-BASED PAINT
23 HAZARDS. ABATEMENT INCLUDES THE REMOVAL OF LEAD-BASED PAINT, THE PERMA-
24 NENT ENCLOSURE OR ENCAPSULATION OF LEAD-BASED PAINT, THE REPLACEMENT OF
25 COMPONENTS OR FIXTURES PAINTED WITH LEAD-BASED PAINT, AND THE REMOVAL OR
26 PERMANENT COVERING OF SOIL-BASED HAZARDS.
27 2. "AFFECTED PROPERTY" MEANS A ROOM OR GROUP OF ROOMS WITHIN A PROPER-
28 TY CONSTRUCTED BEFORE NINETEEN HUNDRED SEVENTY THAT FORM A SINGLE INDE-
29 PENDENT HABITABLE DWELLING UNIT FOR OCCUPATION BY ONE OR MORE INDIVID-
30 UALS THAT HAS LIVING FACILITIES WITH PERMANENT PROVISIONS FOR LIVING,
31 SLEEPING, EATING, COOKING, AND SANITATION. "AFFECTED PROPERTY" DOES NOT
32 INCLUDE:
33 (A) AN AREA NOT USED FOR LIVING, SLEEPING, EATING, COOKING, OR SANITA-
34 TION, SUCH AS AN UNFINISHED BASEMENT, THAT IS NOT READILY ACCESSIBLE TO
35 CHILDREN UNDER SEVEN YEARS OF AGE;
36 (B) A UNIT WITHIN A HOTEL, MOTEL, OR SIMILAR SEASONAL OR TRANSIENT
37 FACILITY UNLESS SUCH UNIT IS OCCUPIED BY ONE OR MORE PERSONS AT RISK FOR
38 A PERIOD EXCEEDING THIRTY DAYS;
39 (C) AN AREA WHICH IS SECURED AND INACCESSIBLE TO OCCUPANTS;
40 (D) A UNIT WHICH IS NOT OFFERED FOR RENT OR INCIDENT TO EMPLOYMENT;
41 (E) HOUSING FOR THE ELDERLY, OR A RESIDENTIAL PROPERTY DESIGNATED
42 EXCLUSIVELY FOR PERSONS WITH DISABILITIES; EXCEPT THIS EXEMPTION SHALL
43 NOT APPLY IF A PERSON AT RISK RESIDES OR IS EXPECTED TO RESIDE IN THE
44 DWELLING UNIT OR VISITS THE DWELLING UNIT ON A REGULAR BASIS;
45 (F) AN UNOCCUPIED DWELLING UNIT OR RESIDENTIAL PROPERTY THAT IS TO BE
46 DEMOLISHED, PROVIDED THE DWELLING UNIT OR PROPERTY WILL REMAIN UNOCCU-
47 PIED UNTIL DEMOLITION; OR
48 (G) IN CITIES OF MORE THAN ONE MILLION POPULATION, A MULTIPLE DWELL-
49 ING, AS DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW.
50 "AFFECTED PROPERTY" ALSO EXCLUDES ANY PROPERTY OWNED OR OPERATED BY A
51 UNIT OF FEDERAL, STATE, OR LOCAL GOVERNMENT, OR ANY PUBLIC, QUASI-PUBL-
52 IC, OR MUNICIPAL CORPORATION, IF THE PROPERTY IS SUBJECT TO LEAD STAND-
53 ARDS THAT ARE EQUAL TO, OR MORE STRINGENT THAN, THE REQUIREMENTS FOR
54 LEAD-STABILIZED STATUS UNDER SUBDIVISION THREE OF SECTION THIRTEEN
55 HUNDRED SEVENTY-SIX OF THIS TITLE, BUT DOES INCLUDE PRIVATELY-OWNED
56 PROPERTIES THAT RECEIVE GOVERNMENTAL RENTAL ASSISTANCE.
A. 2087--A 4
1 3. "AREA OF HIGH RISK" MEANS AN AREA DESIGNATED AS SUCH BY THE
2 COMMISSIONER OR HIS OR HER REPRESENTATIVE AND CONSISTING OF ONE OR MORE
3 DWELLINGS IN WHICH A CONDITION CONDUCIVE TO LEAD POISONING OF CHILDREN
4 IS PRESENT OR, ADDITIONALLY, ANY CENSUS TRACT OR BLOCK GROUP WITHIN THE
5 STATE WHERE, DURING ANY SINGLE YEAR, MORE THAN TWENTY-FIVE CHILDREN HAVE
6 BEEN IDENTIFIED WITH ELEVATED BLOOD LEAD LEVELS.
7 4. "CHANGE IN OCCUPANCY" MEANS A CHANGE OF TENANT IN AN AFFECTED PROP-
8 ERTY IN WHICH THE PROPERTY IS VACATED AND POSSESSION IS EITHER SURREN-
9 DERED TO THE OWNER OR ABANDONED.
10 5. "CHEWABLE SURFACE" SHALL MEAN A PROTRUDING INTERIOR WINDOWSILL IN
11 A DWELLING UNIT IN AN AFFECTED PROPERTY THAT IS READILY ACCESSIBLE TO A
12 CHILD UNDER AGE SEVEN. "CHEWABLE SURFACE" SHALL ALSO MEAN ANY OTHER TYPE
13 OF INTERIOR EDGE OR PROTRUSION IN A DWELLING UNIT IN AN AFFECTED PROPER-
14 TY, SUCH AS A RAIL OR STAIR, WHERE THERE IS EVIDENCE THAT SUCH OTHER
15 EDGE OR PROTRUSION HAS BEEN CHEWED OR WHERE AN OCCUPANT HAS NOTIFIED THE
16 OWNER THAT A CHILD UNDER AGE SEVEN RESIDING IN THAT AFFECTED PROPERTY
17 HAS MOUTHED OR CHEWED SUCH EDGE OR PROTRUSION.
18 6. "COMMUNITIES OF CONCERN" MEANS THOSE THIRTY MUNICIPALITIES IN THE
19 STATE THAT HAVE THE GREATEST NUMBERS OF CHILDREN IDENTIFIED WITH
20 ELEVATED BLOOD LEAD LEVELS IN THE PRIOR CALENDAR YEAR WITHIN THE MEANING
21 OF SUBDIVISION FOURTEEN OF THIS SECTION.
22 7. "CONDITION CONDUCIVE TO LEAD POISONING" MEANS: (A) A LEAD-BASED
23 PAINT HAZARD; AND/OR (B) OTHER ENVIRONMENTAL CONDITIONS WHICH MAY RESULT
24 IN SIGNIFICANT LEAD EXPOSURE, INCLUDING SOIL-LEAD HAZARDS.
25 8. "CONTAINMENT" MEANS THE PHYSICAL MEASURES TAKEN TO ENSURE THAT DUST
26 AND DEBRIS CREATED OR RELEASED DURING LEAD-BASED PAINT HAZARD REDUCTION
27 ARE NOT SPREAD, BLOWN, OR TRACKED FROM INSIDE TO OUTSIDE OF THE WORK-
28 SITE.
29 9. "COUNCIL" MEANS THE ADVISORY COUNCIL ON LEAD POISONING PREVENTION
30 ESTABLISHED PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-B OF THIS
31 TITLE.
32 10. "DETERIORATED PAINT" MEANS ANY INTERIOR OR EXTERIOR PAINT OR
33 OTHER COATING THAT IS CURLING, SCALING, FLAKING, BLISTERING, PEELING,
34 CHIPPING, CHALKING, CRACKING, OR LOOSE IN ANY MANNER, SUCH THAT A SPACE
35 OR POCKET OF AIR IS BEHIND A PORTION THEREOF OR SUCH THAT THE PAINT IS
36 NOT COMPLETELY ADHERED TO THE UNDERLYING SUBSURFACE, OR IS OTHERWISE
37 DAMAGED OR SEPARATED FROM THE SUBSTRATE.
38 11. "DETERIORATED SUBSURFACE" SHALL MEAN AN UNSTABLE OR UNSOUND PAINT-
39 ED SUBSURFACE, AN INDICATION OF WHICH CAN BE OBSERVED THROUGH A VISUAL
40 INSPECTION, INCLUDING, BUT NOT LIMITED TO, ROTTED OR DECAYED WOOD, OR
41 WOOD OR PLASTER THAT HAS BEEN SUBJECT TO MOISTURE OR DISTURBANCE.
42 12. "DWELLING" MEANS A BUILDING OR STRUCTURE OR PORTION THEREOF,
43 INCLUDING THE PROPERTY OCCUPIED BY AND APPURTENANT TO SUCH DWELLING,
44 WHICH IS OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING
45 PLACE OF ONE OR MORE HUMAN BEINGS AND SHALL, WITHOUT LIMITING THE FORE-
46 GOING, INCLUDE CHILD CARE FACILITIES FOR CHILDREN UNDER SEVEN YEARS OF
47 AGE, KINDERGARTENS AND NURSERY SCHOOLS.
48 13. "DWELLING UNIT" MEANS A:
49 (A) SINGLE-FAMILY DWELLING, INCLUDING ATTACHED STRUCTURES SUCH AS
50 PORCHES AND STOOPS; OR
51 (B) HOUSING UNIT IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE
52 HOUSING UNIT, AND IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR
53 INTENDED TO BE USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE HOME OR
54 SEPARATE LIVING QUARTERS OF ONE OR MORE PERSONS.
55 14. "ELEVATED BLOOD LEAD LEVEL" MEANS A QUANTITY OF LEAD IN WHOLE
56 VENOUS BLOOD, EXPRESSED IN MICROGRAMS PER DECILITER (UG/DL), OF 10 UG/DL
A. 2087--A 5
1 OR GREATER, OR SUCH OTHER MORE STRINGENT LEVEL AS MAY BE SPECIFICALLY
2 PROVIDED IN THIS TITLE OR ADOPTED IN REGULATION BY THE DEPARTMENT PURSU-
3 ANT TO RULE OR REGULATION.
4 15. "ENCAPSULATION" MEANS THE APPLICATION OF A COVERING OR COATING
5 THAT ACTS AS A BARRIER BETWEEN THE LEAD-BASED PAINT AND THE ENVIRONMENT
6 AND THAT RELIES FOR ITS DURABILITY ON ADHESION BETWEEN THE ENCAPSULANT
7 AND THE PAINTED SURFACE, AND ON THE INTEGRITY OF THE EXISTING BONDS
8 BETWEEN PAINT LAYERS AND BETWEEN THE PAINT AND THE SUBSTRATE. ENCAPSULA-
9 TION MAY BE USED AS A METHOD OF ABATEMENT IF IT IS DESIGNED AND
10 PERFORMED SO AS TO BE PERMANENT.
11 16. "EXTERIOR SURFACES" MEANS:
12 (A) ALL FENCES AND PORCHES THAT ARE PART OF A DWELLING THAT IS OR
13 CONTAINS AN AFFECTED PROPERTY;
14 (B) ALL OUTSIDE SURFACES OF A DWELLING THAT IS OR CONTAINS AN AFFECTED
15 PROPERTY THAT ARE ACCESSIBLE TO A CHILD UNDER THE AGE OF SEVEN AND THAT:
16 (1) ARE ATTACHED TO THE OUTSIDE OF SUCH DWELLING; OR
17 (2) CONSIST OF OTHER BUILDINGS THAT ARE APPURTENANT TO SUCH DWELLING,
18 SUCH AS A GARAGE OR SHED; AND
19 (C) ALL PAINTED SURFACES IN STAIRWAYS, HALLWAYS, ENTRANCE AREAS,
20 RECREATION AREAS, LAUNDRY AREAS, AND GARAGES WITHIN A MULTIFAMILY DWELL-
21 ING THAT ARE COMMON TO INDIVIDUAL DWELLING UNITS, ONE OR MORE OF WHICH
22 CONSTITUTES AN AFFECTED PROPERTY, AND ARE ACCESSIBLE TO A CHILD UNDER
23 THE AGE OF SEVEN.
24 17. "FRICTION SURFACE" MEANS AN INTERIOR OR EXTERIOR PAINTED SURFACE
25 THAT TOUCHES OR IS IN CONTACT WITH ANOTHER SURFACE, SUCH THAT THE TWO
26 SURFACES ARE CAPABLE OF RELATIVE MOTION AND ABRADE, SCRAPE, OR BIND WHEN
27 IN RELATIVE MOTION. FRICTION SURFACES SHALL INCLUDE, BUT NOT BE LIMITED
28 TO, WINDOW FRAMES AND JAMBS, DOORS, AND HINGES.
29 18. "G" MEANS GRAM, "MG" MEANS MILLIGRAM (THOUSANDTH OF A GRAM), AND
30 "UG" MEANS MICROGRAM (MILLIONTH OF A GRAM).
31 19. "HAZARD REDUCTION" MEANS MEASURES DESIGNED TO REDUCE OR ELIMINATE
32 HUMAN EXPOSURE TO LEAD-BASED HAZARDS.
33 20. "HEALTH CARE PROVIDER" MEANS ANY HEALTH CARE PRACTITIONER AUTHOR-
34 IZED TO ORDER A BLOOD LEAD TEST AND ANY FACILITY LICENSED PURSUANT TO
35 ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
36 21. "HIGH EFFICIENCY PARTICLE AIR VACUUM" OR "HEPA-VACUUM" MEANS A
37 DEVICE CAPABLE OF FILTERING OUT PARTICLES OF 0.3 MICRONS OR GREATER FROM
38 A BODY OF AIR AT AN EFFICIENCY OF 99.97% OR GREATER; "HEPA-VACUUM"
39 INCLUDES USE OF A HEPA-VACUUM.
40 22. "IMPACT SURFACE" MEANS AN INTERIOR OR EXTERIOR PAINTED SURFACE
41 THAT SHOWS EVIDENCE, SUCH AS MARKING, DENTING, OR CHIPPING, THAT IT IS
42 SUBJECT TO DAMAGE BY REPEATED SUDDEN FORCE, SUCH AS CERTAIN PARTS OF
43 DOOR FRAMES, MOLDINGS, OR BASEBOARDS.
44 23. "INSPECTION" MEANS A COMPREHENSIVE SURVEY BY A PROPERLY ACCREDITED
45 PERSON TO DETERMINE THE PRESENCE OF LEAD-BASED PAINT AND LEAD-BASED
46 PAINT HAZARDS AND THE PROVISION OF A REPORT EXPLAINING THE RESULTS OF
47 THE INSPECTION.
48 24. "INTERIOR WINDOWSILL" MEANS A PORTION OF THE HORIZONTAL WINDOW
49 LEDGE THAT IS PROTRUDING INTO THE INTERIOR OF A ROOM.
50 25. "INVESTIGATION" MEANS AN EXAMINATION CONDUCTED BY THE OWNER OF AN
51 AFFECTED PROPERTY, THE OWNER'S AGENT OR EMPLOYEE, OR SOMEONE RETAINED BY
52 THE OWNER, IN ACCORDANCE WITH THE REQUIREMENTS ESTABLISHED BY THE DEPUTY
53 COMMISSIONER, TO DETERMINE WHETHER THE AFFECTED PROPERTY MEETS THE STAN-
54 DARDS OF LEAD-STABILIZED STATUS AS DEFINED IN SUBDIVISION THREE OF
55 SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THIS TITLE.
A. 2087--A 6
1 26. "LEAD-BASED PAINT" MEANS PAINT OR OTHER SIMILAR SURFACE COATING
2 MATERIAL CONTAINING 1.0 MILLIGRAMS OF LEAD PER SQUARE CENTIMETER OR
3 GREATER, AS DETERMINED BY LABORATORY ANALYSIS, OR BY AN X-RAY FLUORES-
4 CENCE ANALYZER. IF AN X-RAY FLUORESCENCE ANALYZER IS USED, READINGS
5 SHALL BE CORRECTED FOR SUBSTRATE BIAS WHEN NECESSARY AS SPECIFIED BY THE
6 PERFORMANCE CHARACTERISTIC SHEETS RELEASED BY THE UNITED STATES ENVIRON-
7 MENTAL PROTECTION AGENCY AND THE UNITED STATES DEPARTMENT OF HOUSING AND
8 URBAN DEVELOPMENT FOR THE SPECIFIC X-RAY FLUORESCENCE ANALYZER USED.
9 X-RAY FLUORESCENCE READINGS SHALL BE CLASSIFIED AS POSITIVE, NEGATIVE OR
10 INCONCLUSIVE IN ACCORDANCE WITH THE UNITED STATES DEPARTMENT OF HOUSING
11 AND URBAN DEVELOPMENT GUIDELINES FOR THE EVALUATION AND CONTROL OF
12 LEAD-BASED PAINT HAZARDS IN HOUSING (JUNE 1995, REVISED 1997) AND THE
13 PERFORMANCE CHARACTERISTIC SHEETS RELEASED BY THE UNITED STATES ENVIRON-
14 MENTAL PROTECTION AGENCY AND THE UNITED STATES DEPARTMENT OF HOUSING AND
15 URBAN DEVELOPMENT FOR THE SPECIFIC X-RAY FLUORESCENCE ANALYZER USED.
16 X-RAY FLUORESCENCE READINGS THAT FALL WITHIN THE INCONCLUSIVE ZONE, AS
17 DETERMINED BY THE PERFORMANCE CHARACTERISTIC SHEETS, SHALL BE CONFIRMED
18 BY LABORATORY ANALYSIS OF PAINT CHIPS, RESULTS SHALL BE REPORTED IN
19 MILLIGRAMS OF LEAD PER SQUARE CENTIMETER AND THE MEASURE OF SUCH LABORA-
20 TORY ANALYSIS SHALL BE DEFINITIVE. IF LABORATORY ANALYSIS IS USED TO
21 DETERMINE LEAD CONTENT, RESULTS SHALL BE REPORTED IN MILLIGRAMS OF LEAD
22 PER SQUARE CENTIMETER. WHERE THE SURFACE AREA OF A PAINT CHIP SAMPLE
23 CANNOT BE ACCURATELY MEASURED OR IF AN ACCURATELY MEASURED PAINT CHIP
24 SAMPLE CANNOT BE REMOVED, A LABORATORY ANALYSIS MAY BE REPORTED IN
25 PERCENT BY WEIGHT. IN SUCH CASE, LEAD-BASED PAINT SHALL MEAN ANY PAINT
26 OR OTHER SIMILAR SURFACE-COATING MATERIAL CONTAINING MORE THAN 0.5% OF
27 METALLIC LEAD, BASED ON THE NON-VOLATILE CONTENT OF THE PAINT OR OTHER
28 SIMILAR SURFACE-COATING MATERIAL.
29 27. "LEAD-BASED PAINT HAZARD" MEANS ANY CONDITION IN, OR PROXIMATE TO,
30 A DWELLING OR DWELLING UNIT OCCUPIED BY A PERSON AT RISK THAT CAUSES
31 EXPOSURE TO LEAD FROM LEAD-CONTAMINATED DUST, FROM LEAD-BASED PAINT THAT
32 IS DETERIORATED, OR FROM LEAD-BASED PAINT THAT IS PRESENT ON CHEWABLE
33 SURFACES, DETERIORATED SUBSURFACES, FRICTION SURFACES, OR IMPACT
34 SURFACES, OR IN SOIL, THAT WOULD RESULT IN ADVERSE HUMAN HEALTH EFFECTS.
35 28. "LEAD-CONTAINED" MEANS PROPERTY THAT HAS ATTAINED LEAD-CONTAINED
36 PROPERTY STATUS WITHIN THE MEANING OF SUBDIVISION THREE OF SECTION THIR-
37 TEEN HUNDRED SEVENTY-SIX OF THIS TITLE.
38 29. "LEAD-CONTAMINATED DUST" MEANS SURFACE DUST THAT CONTAINS A MASS
39 PER AREA CONCENTRATION OF LEAD EQUAL TO OR EXCEEDING 40 MICROGRAMS PER
40 SQUARE FOOT ("UG/FT2") ON FLOORS, OR 250 UG/FT2 ON INTERIOR WINDOWSILLS
41 BASED ON WIPE SAMPLE, OR 400 UG/FT2 ON WINDOW WELLS, OR SUCH MORE STRIN-
42 GENT STANDARDS AS MAY BE ADOPTED BY THE DEPARTMENT.
43 30. "LEAD-FREE" MEANS PROPERTY THAT HAS ATTAINED LEAD-FREE PROPERTY
44 STATUS WITHIN THE MEANING OF SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED
45 SEVENTY-SIX OF THIS TITLE.
46 31. "LEAD-STABILIZED" MEANS PROPERTY THAT HAS ATTAINED LEAD-STABILIZED
47 PROPERTY STATUS WITHIN THE MEANING OF SUBDIVISION FOUR OF SECTION THIR-
48 TEEN HUNDRED SEVENTY-SIX OF THIS TITLE.
49 32. "LOCAL DESIGNEE" MEANS A MUNICIPAL, COUNTY, OR OTHER OFFICIAL
50 DESIGNATED BY THE DEPUTY COMMISSIONER OF PUBLIC HEALTH AS RESPONSIBLE
51 FOR ASSISTING THE DESIGNATING AUTHORITY, RELEVANT STATE AGENCIES, AND
52 RELEVANT COUNTY AND MUNICIPAL AUTHORITIES, IN IMPLEMENTING THE ACTIV-
53 ITIES SPECIFIED BY THIS ARTICLE FOR THE LOCALITIES.
54 33. "OCCUPANT" MEANS ANY INDIVIDUAL LIVING OR SLEEPING IN A BUILDING,
55 OR HAVING POSSESSION OF A SPACE WITHIN A BUILDING.
A. 2087--A 7
1 34. "OWNER" MEANS A PERSON, FIRM, CORPORATION, NONPROFIT ORGANIZATION,
2 PARTNERSHIP, GOVERNMENT, GUARDIAN, CONSERVATOR, RECEIVER, TRUSTEE, EXEC-
3 UTOR, OR OTHER JUDICIAL OFFICER, OR OTHER ENTITY WHICH, ALONE OR WITH
4 OTHERS, OWNS, HOLDS, OR CONTROLS THE FREEHOLD OR LEASEHOLD TITLE OR PART
5 OF THE TITLE TO PROPERTY, WITH OR WITHOUT ACTUALLY POSSESSING IT. SUCH
6 TERM INCLUDES A VENDEE WHO POSSESSES THE TITLE, BUT DOES NOT INCLUDE A
7 MORTGAGEE OR AN OWNER OF A REVERSIONARY INTEREST UNDER A GROUND RENT
8 LEASE. "OWNER" INCLUDES ANY AUTHORIZED AGENT OF THE OWNER, INCLUDING A
9 PROPERTY MANAGER OR LEASING AGENT.
10 35. "PERMANENT" MEANS AN EXPECTED DESIGN LIFE OF AT LEAST TWENTY
11 YEARS.
12 36. "PERSON" MEANS ANY NATURAL PERSON.
13 37. "PERSON AT RISK" MEANS A CHILD UNDER THE AGE OF SEVEN YEARS OR A
14 PREGNANT WOMAN WHO RESIDES IN AN AFFECTED PROPERTY.
15 38. "PROGRAM" MEANS THE LEAD POISONING PREVENTION PROGRAM IN THE
16 DEPARTMENT ESTABLISHED PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-A OF
17 THIS TITLE.
18 39. "RELOCATION EXPENSES" MEANS ALL EXPENSES NECESSITATED BY THE RELO-
19 CATION OF A TENANT'S HOUSEHOLD TO HOUSING FREE OF LEAD HAZARDS, INCLUD-
20 ING, BUT NOT LIMITED TO, MOVING AND HAULING EXPENSES, THE HEPA-VACUUMING
21 OF ALL UPHOLSTERED FURNITURE, LAUNDERING OF CLOTHES AND LINENS, PAYMENT
22 OF A SECURITY DEPOSIT FOR THE RELOCATION HOUSING, AND INSTALLATION AND
23 CONNECTION OF UTILITIES AND APPLIANCES.
24 40. "SOIL-LEAD HAZARD" MEANS SOIL IN A PLAY AREA WHERE THE SOIL-LEAD
25 CONCENTRATION FROM A COMPOSITE PLAY AREA SAMPLE OF BARE SOIL IS EQUAL TO
26 OR GREATER THAN 400 PARTS PER MILLION; OR IN THE REST OF THE YARD WHEN
27 THE ARITHMETIC MEAN LEAD CONCENTRATION FROM A COMPOSITE SAMPLE (OR
28 ARITHMETIC MEAN OF COMPOSITE SAMPLES) OF BARE SOIL FROM THE REST OF THE
29 YARD (I.E., NON-PLAY AREAS) IS EQUAL TO OR GREATER THAN 1,200 PARTS PER
30 MILLION.
31 41. "TENANT" MEANS THE INDIVIDUAL NAMED AS THE LESSEE IN A LEASE,
32 RENTAL AGREEMENT OR OTHER FORM OF OCCUPANCY AGREEMENT, WHETHER WRITTEN
33 OR ORAL, FOR A DWELLING UNIT, AND INCLUDES TENANCIES INCIDENT TO EMPLOY-
34 MENT. WHERE APPLICABLE, THE TERM "TENANT" SHALL ALSO INCLUDE ANY OCCU-
35 PANT OF THE TENANT'S HOUSEHOLD.
36 42. "WIPE SAMPLE" MEANS A SAMPLE COLLECTED BY AN APPROPRIATELY ACCRED-
37 ITED PERSON WIPING A REPRESENTATIVE SURFACE OF KNOWN AREA, AS DETERMINED
38 BY AMERICAN SOCIETY FOR TESTING MATERIALS (ASTM) E1728 ("STANDARD PRAC-
39 TICE FOR THE FIELD COLLECTION OF SETTLED DUST SAMPLES USING WIPE SAMPL-
40 ING METHODS FOR LEAD DETERMINATION BY ATOMIC SPECTROMETRY TECHNIQUES"),
41 WITH LEAD DETERMINATION CONDUCTED BY AN ACCREDITED LABORATORY PARTIC-
42 IPATING IN THE ENVIRONMENTAL LEAD LABORATORY ACCREDITATION PROGRAM
43 (NLAP).
44 S 4. Subdivision 2 of section 1370-a of the public health law, as
45 added by chapter 485 of the laws of 1992, paragraphs (a) and (c) as
46 amended by section 4 of part A of chapter 58 of the laws of 2009, is
47 amended and three new subdivisions 4, 5 and 6 are added to read as
48 follows:
49 2. The department shall:
50 (a) IDENTIFY AND DESIGNATE AS COMMUNITIES OF CONCERN THE THIRTY MUNI-
51 CIPALITIES IN THE STATE HAVING THE GREATEST NUMBERS OF CHILDREN IDENTI-
52 FIED WITH ELEVATED BLOOD LEAD LEVELS, AND, IN COOPERATION WITH LOCAL
53 HEALTH OFFICIALS AND MUNICIPAL OFFICIALS, DEVELOP A LOCAL PRIMARY
54 PREVENTION PLAN FOR EACH COMMUNITY OF CONCERN TO PREVENT EXPOSURE TO
55 LEAD CONSISTENT WITH THIS TITLE. THE COMMISSIONER IS AUTHORIZED TO
56 ENTER INTO AND SHALL ENTER INTO AGREEMENTS OR MEMORANDA OF UNDERSTANDING
A. 2087--A 8
1 WITH, AND PROVIDE TECHNICAL AND OTHER RESOURCES TO, COMMUNITIES OF
2 CONCERN AND SHALL ENSURE THAT THE PRIMARY PREVENTION PLAN TARGETS
3 PERSONS AT RISK LIVING IN THE HIGHEST RISK AFFECTED HOUSING IN THE
4 COMMUNITY. MUNICIPALITIES IDENTIFIED BY THE COMMISSIONER SHALL COOPER-
5 ATE FULLY WITH THE DEPARTMENT IN THE FORMULATION AND IMPLEMENTATION OF
6 THE PRIMARY PREVENTION PLAN FOR THE DESIGNATED COMMUNITY OF CONCERN;
7 (B) IDENTIFY AND DESIGNATE AS AREAS OF HIGH RISK ANY CENSUS TRACT OR
8 BLOCK GROUP IN THE STATE IN WHICH DURING ANY SINGLE YEAR, MORE THAN
9 TWENTY-FIVE CHILDREN HAVE BEEN IDENTIFIED WITH ELEVATED BLOOD LEAD
10 LEVELS. IN SUCH AREAS OF HIGH RISK, THE DEPARTMENT SHALL FURTHER REQUIRE
11 THAT THE COUNTY COMMISSIONER OF HEALTH, IN COOPERATION WITH APPROPRIATE
12 LOCAL MUNICIPAL OFFICIALS, PRIORITIZE AND IMPLEMENT THE INSPECTION OF
13 AFFECTED PROPERTIES WITH PERSONS AT RISK, AND REQUIRE THE ABATEMENT OF
14 LEAD-BASED PAINT HAZARDS, OR THE STABILIZATION OF ALL CONDITIONS CONDU-
15 CIVE TO LEAD POISONING IN THESE INSPECTED UNITS USING LEAD SAFE WORK
16 PRACTICES, IN ACCORDANCE WITH THE DEFINITIONS AND PROVISIONS OF THIS
17 TITLE;
18 (C) promulgate and enforce regulations [for screening children and
19 pregnant women, including requirements for blood lead testing, for lead
20 poisoning, and for follow up of children and pregnant women who have
21 elevated blood lead levels] NECESSARY FOR THE IMPLEMENTATION OF ALL
22 PORTIONS OF THIS TITLE, EXCEPT WHERE RESPONSIBILITY FOR IMPLEMENTING
23 SPECIFIC PORTIONS OF THIS TITLE IS SPECIFICALLY ASSIGNED TO THE COMMIS-
24 SIONER OF HOUSING AND COMMUNITY RENEWAL OR TO THE COMMISSIONER OF TAXA-
25 TION AND FINANCE;
26 [(b)] (D) enter into interagency agreements to coordinate lead poison-
27 ing prevention, exposure reduction, identification and treatment activ-
28 ities and lead reduction activities with other federal, state and local
29 agencies and programs;
30 [(c)] (E) establish a statewide registry of lead levels of children
31 provided such information is maintained as confidential except for (i)
32 disclosure for medical treatment purposes; (ii) disclosure of non-iden-
33 tifying epidemiological data; and (iii) disclosure of information from
34 such registry to the statewide immunization information system estab-
35 lished by section twenty-one hundred sixty-eight of this chapter; and
36 [(d)] (F) develop and implement public education and community
37 outreach programs on lead exposure, detection and risk reduction.
38 4. THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE SHALL DEVELOP
39 CULTURALLY AND LINGUISTICALLY APPROPRIATE INFORMATION PAMPHLETS REGARD-
40 ING CHILDHOOD LEAD POISONING, THE IMPORTANCE OF TESTING FOR ELEVATED
41 BLOOD LEAD LEVELS, PREVENTION OF CHILDHOOD LEAD POISONING, TREATMENT OF
42 CHILDHOOD LEAD POISONING, AND TENANTS' AND OWNERS' RIGHTS AND RESPONSI-
43 BILITIES UNDER THIS TITLE. THESE INFORMATION PAMPHLETS SHALL BE
44 DISTRIBUTED AS FOLLOWS:
45 (A) BY THE OWNER OF ANY AFFECTED PROPERTY OR HIS OR HER AGENTS OR
46 EMPLOYEES AT THE TIME OF THE INITIATION AND RENEWAL OF A RENTAL AGREE-
47 MENT TO THE TENANT;
48 (B) BY THE HEALTH CARE PROVIDER TO THE PARENT OR GUARDIAN OF A CHILD
49 AT THE TIME OF A CHILD'S BIRTH AND AT THE TIME OF ANY CHILDHOOD IMMUNI-
50 ZATION OR VACCINE UNLESS IT IS ESTABLISHED THAT SUCH INFORMATION
51 PAMPHLET HAS BEEN PROVIDED PREVIOUSLY TO THE PARENT OR LEGAL GUARDIAN BY
52 THE HEALTH CARE PROVIDER WITHIN THE PRIOR TWELVE MONTHS. HEALTH CARE
53 PROVIDERS SHALL ALSO REVISE THEIR PATIENT FORMS TO INCLUDE A REMINDER TO
54 CHECK THE LEAD SCREENING STATUS OF EACH CHILD UNDER SIX YEARS OF AGE;
A. 2087--A 9
1 (C) BY THE OWNER OR OPERATOR OF ANY CHILD CARE FACILITY, PRE-SCHOOL,
2 OR KINDERGARTEN CLASS ON OR BEFORE OCTOBER FIFTEENTH OF EACH CALENDAR
3 YEAR, TO THE PARENT OR GUARDIAN OF A CHILD ENROLLED IN SUCH FACILITY;
4 (D) BY AN OBSTETRICIAN OR GYNECOLOGIST TO EACH PATIENT OF CHILD-BEAR-
5 ING AGE AT THE PATIENT'S FIRST VISIT AND AT EACH PREGNANCY OF THE
6 PATIENT; AND
7 (E) BY THE PROVIDER OF THE WOMEN, INFANTS AND CHILDREN PROGRAM TO EACH
8 PERSON ENROLLED IN SUCH PROGRAM AND UPON ENROLLMENT AND ANNUALLY THERE-
9 AFTER.
10 5. WITHIN THREE MONTHS AFTER THE CLOSE OF THE FISCAL YEAR, THE COMMIS-
11 SIONER SHALL REPORT TO THE ADVISORY COUNCIL ESTABLISHED IN SECTION THIR-
12 TEEN HUNDRED SEVENTY-B OF THIS TITLE ON THE DEPARTMENT'S IMPLEMENTATION
13 OF THIS SECTION DURING THE PRECEDING PERIOD. SUCH REPORT SHALL BE
14 PUBLICLY AVAILABLE AND SHALL INCLUDE, AT A MINIMUM, A DETAILED STATEMENT
15 OF REVENUE AND EXPENDITURES AND STATEMENT OF THE DEPARTMENT'S PROGRAM,
16 SUPPORTED BY A STATISTICAL SECTION WITH GEOGRAPHIC INDEXING DESIGNED TO
17 PROVIDE A DETAILED EXPLANATION OF THE DEPARTMENT'S ENFORCEMENT, INCLUD-
18 ING BUT NOT LIMITED TO THE FOLLOWING:
19 (A) A STATISTICAL PROFILE OF DWELLINGS IN WHICH VIOLATIONS HAVE BEEN
20 PLACED PURSUANT TO THIS TITLE, INDICATING THE AGES OF THE DWELLINGS AND
21 OTHER FACTORS RELEVANT TO THE PREVALENCE OF LEAD-BASED PAINT HAZARDS,
22 WHICH MAY INCLUDE THE PRIOR LEAD POISONING OF A PERSON AT RISK IN THE
23 DWELLING, OUTSTANDING VIOLATIONS, EMERGENCY REPAIR CHARGES, TAX ARREARS
24 AND MORTGAGE DEBT;
25 (B) THE NUMBER OF DWELLING UNITS INSPECTED BY THE DEPARTMENT OR OTHER
26 STATE OR LOCAL AGENCY PURSUANT TO THIS TITLE, THE NUMBER OF SUCH UNITS
27 WHERE A PERSON AT RISK RESIDED, AND THE NUMBER OF INSPECTORS ASSIGNED TO
28 CONDUCT SUCH INSPECTIONS;
29 (C) THE NUMBER OF DWELLING UNITS IN WHICH THE OCCUPANT COMPLAINED OF
30 PEELING PAINT OR A DETERIORATED SUBSURFACE AND THE NUMBER OF PRE-NINE-
31 TEEN HUNDRED SEVENTY DWELLING UNITS IN WHICH THE EXISTENCE OF SUCH
32 CONDITIONS WERE CONFIRMED BY THE DEPARTMENT OR OTHER STATE OR LOCAL
33 AGENCY;
34 (D) THE NUMBER OF DWELLING UNITS WHERE A PERSON AT RISK RESIDES IN
35 WHICH A VIOLATION WAS PLACED PURSUANT TO THIS TITLE, WHETHER THE
36 VIOLATION WAS PLACED IN RESPONSE TO AN OCCUPANT'S COMPLAINT OR OTHER-
37 WISE;
38 (E) AN EVALUATION OF THE DEPARTMENT'S CAPABILITY TO TIMELY INSPECT,
39 SERVE A NOTICE OF VIOLATION, AND ENFORCE THE CORRECTION OF VIOLATIONS;
40 (F) AN EVALUATION OF THE DEPARTMENT'S IMPLEMENTATION OF A PROGRAM OF
41 INSPECTION PURSUANT TO SUBDIVISION SIX OF SECTION THIRTEEN HUNDRED
42 SEVENTY-SEVEN OF THIS TITLE; AND
43 (G) A TABULATION OF ALL MUNICIPALITIES, CENSUS TRACTS, OR CENSUS BLOCK
44 GROUPS WHICH HAVE IN ANY YEAR MORE THAN TWENTY-FIVE CHILDREN WITH
45 ELEVATED BLOOD LEAD LEVELS, INCLUDING TOTALS OF THE NUMBER OF CHILDREN
46 WITH SUCH ELEVATED BLOOD LEAD LEVELS BY FIVE POINT INCREMENTS.
47 6. THE COMMISSIONER SHALL DESIGNATE A DEPUTY COMMISSIONER OF HEALTH
48 RESPONSIBLE FOR FULFILLING THE OBJECTIVES OF THIS TITLE WHEN SUCH OBJEC-
49 TIVES INVOLVE THE RESPONSIBILITIES OF THE DEPARTMENT.
50 S 5. Section 1370-b of the public health law is amended by adding a
51 new subdivision 4 to read as follows:
52 4. THE DEPARTMENT SHALL MAKE RECOMMENDATIONS TO AMEND THIS TITLE IF
53 ANY OF THE FOLLOWING CONDITIONS OCCUR:
54 (A) IN FISCAL YEAR TWO THOUSAND TEN, THE RATE OF CHILDREN WHO OBTAIN
55 BLOOD-LEAD TESTING IN COMPLIANCE WITH SECTION THIRTEEN HUNDRED SEVENTY-C
56 OF THIS TITLE IS LESS THAN SEVENTY-FIVE PERCENT;
A. 2087--A 10
1 (B) IN FISCAL YEAR TWO THOUSAND TEN, THE NUMBER OF CHILDREN IN THIS
2 STATE WHOSE BLOOD-LEAD LEVEL IS EQUAL TO OR EXCEEDS 10 MICROGRAMS PER
3 DECILITER IS GREATER THAN FOUR THOUSAND;
4 (C) IN FISCAL YEAR TWO THOUSAND ELEVEN, THE RATE OF CHILDREN WHO
5 OBTAIN BLOOD-LEAD TESTING IN COMPLIANCE WITH SECTION THIRTEEN HUNDRED
6 SEVENTY-C OF THIS TITLE IS LESS THAN NINETY PERCENT; OR
7 (D) IN FISCAL YEAR TWO THOUSAND ELEVEN, THE NUMBER OF CHILDREN IN THIS
8 STATE WHOSE BLOOD-LEAD LEVEL IS EQUAL TO OR EXCEEDS 10 MICROGRAMS PER
9 DECILITER IS GREATER THAN TWO THOUSAND.
10 SUCH RECOMMENDATIONS SHALL BE SUBMITTED TO THE ADVISORY COUNCIL WITHIN
11 SIX MONTHS AFTER THE CLOSE OF THE FISCAL YEAR IN WHICH THE CONDITION
12 OCCURS.
13 S 6. Subdivision 1 of section 1370-c of the public health law, as
14 added by chapter 485 of the laws of 1992, is amended and four new subdi-
15 visions 5, 6, 7 and 8 are added to read as follows:
16 1. The department [is authorized to] SHALL promulgate AND ENFORCE
17 regulations establishing the means by which and the intervals at which
18 [children and pregnant women] PERSONS AT RISK shall be screened for
19 elevated BLOOD lead levels AND FOR FOLLOW UP OF PERSONS AT RISK WHO HAVE
20 ELEVATED BLOOD LEAD LEVELS. The department is also authorized to
21 require screening for lead poisoning in other high risk groups. AT A
22 MINIMUM, THE DEPARTMENT SHALL ENSURE THAT ALL CHILDREN AT BOTH AGE ONE
23 YEAR AND AT AGE TWO YEARS AND PREGNANT WOMEN SHALL BE SCREENED AND THAT
24 ALL CHILDREN WHO ARE CONSIDERED AT RISK UP TO SIX YEARS OF AGE SHALL BE
25 SCREENED AT LEAST ONCE EACH YEAR.
26 5. EACH HEALTH INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL REPORT
27 ANNUALLY TO THE DEPARTMENT ITS AGGREGATE DATA REGARDING COMPLIANCE WITH
28 THE SCREENING REQUIREMENTS PURSUANT TO THIS SECTION. SUCH DATA SHALL
29 DETAIL THE NUMBER AND PERCENTAGE OF CHILDREN SEEN WHO WERE AGES ONE AND
30 TWO, THE NUMBER AND PERCENTAGE WHO WERE SCREENED AT AGE ONE, AND THE
31 NUMBER AND PERCENTAGE WHO WERE SCREENED AT AGE TWO, SEPARATELY ORGANIZED
32 BY ZIP CODE. THIS REPORT ON SCREENING COMPLIANCE SHALL BE PROVIDED TO
33 THE DEPARTMENT BY MARCH FIRST FOLLOWING THE END OF THE CALENDAR YEAR.
34 THE COMPTROLLER SHALL INCLUDE A REVIEW OF COMPLIANCE WITH THIS SECTION
35 IN ANY AUDIT IT PERFORMS.
36 6. THE DEPARTMENT SHALL INCLUDE THE SCREENING AND REPORTING REQUIRE-
37 MENTS IN ITS CONTRACTS FOR SERVICES UNDER THE MEDICAID AND CHILD HEALTH
38 PLUS PROGRAMS OR ANY OTHER PROGRAMS FUNDED IN WHOLE OR IN PART WITH
39 STATE OR LOCAL FUNDS AND PROVIDING HEALTH SERVICES TO PERSONS AT RISK,
40 AND SHALL IMPOSE COMPLIANCE TARGETS AND APPROPRIATE PENALTIES OR SANC-
41 TIONS IN THE EVENT SUCH TARGETS ARE NOT ACHIEVED.
42 7. BY APRIL FIFTEENTH OF EACH YEAR THE DEPARTMENT SHALL REPORT TO THE
43 HEALTH COMMITTEES OF THE SENATE AND ASSEMBLY AND MAKE PUBLICLY AVAILABLE
44 A REPORT ON SCREENING RATES OF THE PRECEDING YEAR PURSUANT TO THIS
45 SECTION, INCLUDING THE ACTUAL NUMBER AND ESTIMATED PERCENTAGE OF ONE
46 YEAR OLD CHILDREN AND THE ACTUAL NUMBER AND ESTIMATED PERCENTAGE OF TWO
47 YEAR OLD CHILDREN SCREENED FOR BLOOD LEAD, THE ACTUAL NUMBER AND ESTI-
48 MATED PERCENTAGE OF CHILDREN SCREENED AT BOTH ONE YEAR OF AGE AND TWO
49 YEARS OF AGE, THE PERFORMANCE OF MEDICAID AND CHILD HEALTH PLUS PROGRAMS
50 OR ANY OTHER PROGRAMS FUNDED IN WHOLE OR IN PART WITH STATE AND LOCAL
51 FUNDS AND PROVIDING HEALTH SERVICES TO PERSONS AT RISK, AND ITS ACTIONS
52 TO PUBLICIZE AND ENFORCE THE OBLIGATIONS ON HEALTH CARE PROVIDERS PURSU-
53 ANT TO THIS SECTION.
54 8. THE DEPARTMENT SHALL PROMULGATE REGULATIONS ESTABLISHING PENALTIES
55 FOR KNOWING VIOLATIONS OF SUBDIVISION TWO OF THIS SECTION.
A. 2087--A 11
1 S 7. Sections 1373 and 1375 of the public health law are REPEALED and
2 eight new sections 1370-f, 1373, 1375, 1376, 1377, 1378, 1379 and 1379-a
3 are added to read as follows:
4 S 1370-F. RESPONSE TO A CHILD WITH ELEVATED BLOOD LEAD LEVELS AND
5 CONDITIONS CONDUCIVE TO LEAD POISONING. 1. FOR EACH PERSON AT RISK WHO
6 HAS A CONFIRMED ELEVATED BLOOD LEAD LEVEL, PRIMARY HEALTH CARE PROVIDERS
7 SHALL PROVIDE OR MAKE REASONABLE EFFORTS TO ENSURE THE PROVISION OF A
8 COMPLETE DIAGNOSTIC EVALUATION; MEDICAL TREATMENT, IF NECESSARY; AND
9 REFERRAL TO THE APPROPRIATE LOCAL OR STATE HEALTH UNIT FOR ENVIRONMENTAL
10 MANAGEMENT. A COMPLETE DIAGNOSTIC EVALUATION SHALL INCLUDE AT A MINIMUM:
11 A DETAILED LEAD EXPOSURE ASSESSMENT, A NUTRITIONAL ASSESSMENT, INCLUDING
12 IRON STATUS, AND, AS APPROPRIATE, DEVELOPMENT SCREENING.
13 2. THE COMMISSIONER OR THE COMMISSIONER'S DESIGNATED REPRESENTATIVE,
14 AS THE APPROPRIATE LOCAL OR STATE HEALTH UNIT FOR ENVIRONMENTAL MANAGE-
15 MENT, SHALL CONDUCT AN ENVIRONMENTAL ASSESSMENT, WHICH SHALL INCLUDE AN
16 EMERGENCY INSPECTION IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION
17 THIRTEEN HUNDRED SEVENTY-SEVEN OF THIS TITLE, TO DETERMINE THE SOURCE OF
18 EXPOSURE TO LEAD FOR ANY PERSON AT RISK REFERRED PURSUANT TO SUBDIVISION
19 ONE OF THIS SECTION.
20 3. FOR EACH PERSON AT RISK WHO IS REFERRED FOR ENVIRONMENTAL MANAGE-
21 MENT PURSUANT TO THIS SECTION, WHENEVER THE COMMISSIONER OR HIS OR HER
22 DESIGNATED REPRESENTATIVE DETERMINES THAT A CONDITION CONDUCIVE TO LEAD
23 POISONING EXISTS IN A DWELLING, A WRITTEN NOTICE AND DEMAND FOR DISCON-
24 TINUANCE SHALL BE ISSUED IN ACCORDANCE WITH SECTION THIRTEEN HUNDRED
25 SEVENTY-EIGHT OF THIS TITLE. THE COMMISSIONER OR THE COMMISSIONER'S
26 DESIGNATED REPRESENTATIVE SHALL ALSO IMMEDIATELY NOTIFY THE APPROPRIATE
27 PUBLIC WELFARE DEPARTMENT OF THE ISSUANCE OF SUCH WRITTEN NOTICE AND
28 DEMAND PURSUANT TO SECTION ONE HUNDRED FORTY-THREE-B OF THE SOCIAL
29 SERVICES LAW.
30 4. WHENEVER THE COMMISSIONER OR HIS OR HER REPRESENTATIVE SHALL
31 DESIGNATE AN AREA OF HIGH RISK, OTHER THAN A CENSUS TRACT OR BLOCK GROUP
32 SO DESIGNATED PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-A OF THIS
33 TITLE HE OR SHE MAY GIVE WRITTEN NOTICE AND DEMAND, SERVED AS PROVIDED
34 IN SECTION THIRTEEN HUNDRED SEVENTY-EIGHT OF THIS TITLE FOR THE DISCON-
35 TINUANCE OF A PAINT CONDITION CONDUCIVE TO LEAD POISONING IN ANY DESIG-
36 NATED DWELLING IN SUCH AREA WITHIN A SPECIFIED PERIOD OF TIME.
37 5. WHENEVER THE COMMISSIONER OR HIS OR HER DESIGNATED REPRESENTATIVE
38 HAS ISSUED A WRITTEN NOTICE AND DEMAND FOR A DISCONTINUANCE OF A CONDI-
39 TION CONDUCIVE TO LEAD POISONING, PRIOR TO CLEARING SUCH CONDITION AS
40 MEETING THE REQUIREMENTS OF THIS TITLE, THE COMMISSIONER OR HIS OR HER
41 DESIGNATED REPRESENTATIVE SHALL COMPLETE A CLEARANCE EXAMINATION TO
42 CONFIRM THE SAFETY OF THE LOCATION. SUCH CLEARANCE EXAMINATIONS SHALL
43 INCLUDE A VISUAL ASSESSMENT, DUST SAMPLING, SUBMISSION OF SAMPLES FOR
44 ANALYSIS FOR LEAD, INTERPRETATION OF SAMPLING RESULTS, AND PREPARATION
45 OF A REPORT. CLEARANCE EXAMINATIONS SHALL BE PERFORMED IN ACCORDANCE
46 WITH FEDERAL GUIDELINES IN 24 CFR SECTION 35.1340 OR SUCCESSOR REGU-
47 LATION.
48 S 1373. SAFE WORK PRACTICES FOR ACTIVITIES DISTURBING LEAD-BASED PAINT
49 OR PAINT OF UNKNOWN LEAD CONTENT IN AFFECTED PROPERTIES WITH PERSONS AT
50 RISK. 1. ALL WORK PERFORMED BY AN OWNER OR THE OWNER'S AGENTS OR
51 CONTRACTORS, IN AFFECTED PROPERTY OCCUPIED BY A PERSON OR PERSONS AT
52 RISK, THAT DISTURBS LEAD-BASED PAINT OR PAINT OF UNDETERMINED LEAD
53 CONTENT SHALL BE PERFORMED IN ACCORDANCE WITH SAFE WORK REGULATIONS
54 PROMULGATED BY THE COMMISSIONER. SUCH REGULATIONS SHALL PROVIDE FOR,
55 AMONG OTHER THINGS:
56 (A) NOTICE TO TENANTS;
A. 2087--A 12
1 (B) TRAINING REQUIREMENTS, WHICH SHALL REQUIRE THAT SUCH WORK BE
2 PERFORMED BY PERSONS WHO HAVE, AT A MINIMUM, SUCCESSFULLY COMPLETED A
3 COURSE ON LEAD-SAFE WORK PRACTICES GIVEN BY OR ON BEHALF OF THE DEPART-
4 MENT, OR THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY THE UNITED
5 STATES ENVIRONMENTAL PROTECTION AGENCY OR AN ENTITY AUTHORIZED BY IT TO
6 GIVE SUCH COURSE, OR BY THE UNITED STATES DEPARTMENT OF HOUSING AND
7 URBAN DEVELOPMENT OR AN ENTITY AUTHORIZED BY IT TO GIVE SUCH COURSE;
8 (C) PRECAUTIONS TO PREVENT ENTRY INTO THE WORK AREA BY OCCUPANTS UNTIL
9 CLEAN-UP IS COMPLETED AND FOR TEMPORARY RELOCATION PROVIDED BY THE OWNER
10 FOR THE OCCUPANTS OF A DWELLING OR DWELLING UNIT TO APPROPRIATE HOUSING
11 WHEN WORK CANNOT BE PERFORMED SAFELY;
12 (D) PRECAUTIONS TO PREVENT THE DISPERSION OF LEAD DUST AND DEBRIS
13 DURING THE WORK;
14 (E) PROHIBITED PRACTICES OF LEAD PAINT REMOVAL, INCLUDING DRY SCRAPING
15 AND SANDING, USE OF POWER TOOLS WITHOUT PROPER ENVIRONMENTAL CONTROLS,
16 AND THE USE OF TOXIC SUBSTANCES;
17 (F) PROPER DAILY AND FINAL CLEAN-UP REQUIREMENTS;
18 (G) DUST WIPE CLEARANCE TESTING;
19 (H) PRE-NOTIFICATION OF LOCAL MUNICIPAL CODE ENFORCEMENT AGENCIES OR
20 HEALTH DEPARTMENTS, WHERE APPROPRIATE; AND
21 (I) EXCEPTIONS FOR SMALL JOBS THAT INVOLVE DISTURBING LESS THAN TWO
22 SQUARE FEET OF LEAD-BASED PAINT OR PAINT OF UNDETERMINED LEAD CONTENT OR
23 LESS THAN TEN PERCENT OF THE TOTAL SURFACE AREA OF PEELING PAINT ON A
24 TYPE OF COMPONENT WITH A SMALL SURFACE AREA, SUCH AS A WINDOWSILL OR
25 DOOR FRAME.
26 2. A TENANT SHALL ALLOW ACCESS TO AN AFFECTED PROPERTY, AT REASONABLE
27 TIMES, TO THE OWNER TO PERFORM ANY WORK REQUIRED UNDER THIS TITLE.
28 3. IF A TENANT MUST VACATE AN AFFECTED PROPERTY FOR A PERIOD OF TWEN-
29 TY-FOUR HOURS OR MORE IN ORDER TO ALLOW AN OWNER TO PERFORM WORK THAT
30 WILL DISTURB THE PAINT ON INTERIOR SURFACES, THE OWNER SHALL PAY TO THE
31 TENANT IN ADVANCE THE REASONABLE RELOCATION EXPENSES THAT THE TENANT
32 INCURS DIRECTLY RELATED TO THE REQUIRED RELOCATION.
33 4. THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S DESIGNEE,
34 WITHIN ONE HUNDRED TWENTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS
35 SECTION, SHALL ESTABLISH GUIDELINES AND A TRAINER'S MANUAL FOR A "LEAD-
36 SAFE HOUSING AWARENESS SEMINAR" WITH A TOTAL CLASS TIME OF THREE HOURS
37 OR LESS. SUCH GUIDELINES AND MATERIALS SHALL BE MADE AVAILABLE SO THAT
38 SUCH COURSES MAY BE OFFERED BY PROFESSIONAL ASSOCIATIONS AND COMMUNITY
39 ORGANIZATIONS WITH A TRAINING CAPACITY, EXISTING ACCREDITED EDUCATIONAL
40 INSTITUTIONS, AND FOR-PROFIT EDUCATIONAL PROVIDERS. ALL SUCH OFFERING
41 PROPOSALS SHALL BE REVIEWED AND APPROVED, BASED ON SEMINAR CONTENT AND
42 QUALIFICATIONS OF INSTRUCTORS, BY THE DEPUTY COMMISSIONER OF HOUSING AND
43 COMMUNITY RENEWAL OR THE DEPUTY COMMISSIONER'S DESIGNEE.
44 S 1375. ACCREDITATION OF INSPECTORS AND CONTRACTORS PERFORMING WORK.
45 1. NO PERSON SHALL ACT AS A CONTRACTOR OR SUPERVISOR TO PERFORM THE
46 WORK NECESSARY FOR LEAD-BASED PAINT HAZARD ABATEMENT AS DEFINED IN THIS
47 TITLE UNLESS THAT PERSON IS ACCREDITED PURSUANT TO ONE OF THE FOLLOWING:
48 (A) REGULATIONS THAT MAY BE ADOPTED BY THE COMMISSIONER PURSUANT TO
49 THIS SECTION GOVERNING THE ACCREDITATION OF INDIVIDUALS TO ENGAGE IN
50 LEAD-BASED PAINT ACTIVITIES SUFFICIENT TO SATISFY THE REQUIREMENTS OF 40
51 C.F.R. 745.325 OR SUCCESSOR REGULATIONS;
52 (B) CERTIFICATION BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
53 TO ENGAGE IN LEAD-BASED PAINT ACTIVITIES PURSUANT TO 40 C.F.R. 745.226
54 OR SUCCESSOR REGULATION; OR
55 (C) CERTIFICATION BY A STATE OR TRIBAL PROGRAM AUTHORIZED BY THE
56 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY TO CERTIFY INDIVIDUALS
A. 2087--A 13
1 ENGAGED IN LEAD-BASED PAINT ACTIVITIES PURSUANT TO 40 C.F.R. 745.325 OR
2 SUCCESSOR REGULATION.
3 THE COMMISSIONER SHALL, BY REGULATION, CREATE EXCEPTIONS TO THE
4 ACCREDITATION REQUIREMENT FOR INSTANCES WHERE THE DISTURBANCE OF
5 LEAD-BASED PAINT IS SMALL AND INCIDENTAL, SUCH AS WORK THAT DISTURBS
6 SURFACES OF LESS THAN EITHER TWO SQUARE FEET OF PEELING LEAD-BASED PAINT
7 PER ROOM OR TEN PERCENT OF THE TOTAL SURFACE AREA OF PEELING PAINT ON A
8 TYPE OF COMPONENT WITH A SMALL SURFACE AREA, SUCH AS A WINDOWSILL OR
9 DOOR FRAME.
10 2. NO PERSON SHALL CONDUCT AN INSPECTION REQUIRED BY SECTIONS THIRTEEN
11 HUNDRED SEVENTY-SIX AND THIRTEEN HUNDRED SEVENTY-SEVEN OF THIS TITLE,
12 UNLESS THAT PERSON IS ACCREDITED PURSUANT TO ONE OF THE FOLLOWING:
13 (A) REGULATIONS THAT MAY BE ADOPTED BY THE COMMISSIONER PURSUANT TO
14 THIS SECTION GOVERNING THE ACCREDITATION OF INDIVIDUALS ELIGIBLE TO
15 CONDUCT THE INSPECTIONS REQUIRED BY THIS TITLE SUFFICIENT TO SATISFY THE
16 REQUIREMENTS OF 40 C.F.R. 745.325 OR SUCCESSOR REGULATION; OR
17 (B) CERTIFICATION TO CONDUCT INSPECTIONS BY THE UNITED STATES ENVIRON-
18 MENTAL PROTECTION AGENCY PURSUANT TO 40 C.F.R. 745.226(B) OR SUCCESSOR
19 REGULATION; OR
20 (C) CERTIFICATION BY A STATE OR TRIBAL PROGRAM AUTHORIZED BY THE
21 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY TO CERTIFY INDIVIDUALS
22 ENGAGED IN LEAD-BASED PAINT ACTIVITIES PURSUANT TO 40 C.F.R. 745.325 OR
23 SUCCESSOR REGULATION.
24 3. THE COMMISSIONER MAY ADOPT REGULATIONS, SUFFICIENT TO SATISFY THE
25 REQUIREMENTS OF 40 C.F.R. 745.325 OR SUCCESSOR REGULATION, GOVERNING THE
26 ACCREDITATION OF INDIVIDUALS ENGAGING IN LEAD-BASED PAINT ACTIVITIES
27 UNDER THIS TITLE OR ELIGIBLE TO CONDUCT THE INSPECTIONS REQUIRED BY THIS
28 TITLE. THE ACCREDITATION OF SUCH PERSONS PURSUANT TO SUCH REGULATIONS
29 SHALL EXTEND FOR A PERIOD OF THREE YEARS UNLESS THE DEPUTY COMMISSIONER
30 HAS PROBABLE CAUSE TO BELIEVE A PERSON ACCREDITED UNDER THIS SECTION HAS
31 VIOLATED THE TERMS OF THE ACCREDITATION OR ENGAGED IN ILLEGAL OR UNETH-
32 ICAL CONDUCT RELATED TO INSPECTIONS REQUIRED BY THIS TITLE IN WHICH CASE
33 THE ACCREDITATION TO PERFORM INSPECTIONS SHALL BE SUSPENDED PENDING A
34 HEARING IN ACCORDANCE WITH THE PROVISIONS OF THE STATE ADMINISTRATIVE
35 PROCEDURE ACT. THE COMMISSIONER SHALL ESTABLISH BY REGULATION A SCHEDULE
36 OF FEES FOR THE ACCREDITATION AND REGISTRATION OF SUCH PERSONS. SUCH
37 FEES SHALL BE REQUIRED TO BE PAID AT THE TIME OF INITIAL REGISTRATION
38 AND AT THE TIME OF SUBSEQUENT RENEWAL OF REGISTRATION, AND SHALL BE
39 SUFFICIENT TO COVER ALL COSTS, INCLUDING THE COSTS OF STATE PERSONNEL,
40 ATTRIBUTABLE TO ACCREDITATION ACTIVITIES CONDUCTED UNDER THIS SECTION.
41 (A) FEES COLLECTED PURSUANT TO THIS SUBDIVISION WILL BE HELD IN A
42 CONTINUING, NON-LAPSING SPECIAL FUND TO BE USED FOR ACCREDITATION
43 PURPOSES UNDER THIS SECTION.
44 (B) THE FUND ESTABLISHED UNDER THIS SUBDIVISION SHALL BE INVESTED AND
45 REINVESTED AND ANY INVESTMENT EARNINGS SHALL BE PAID INTO THE FUND.
46 4. ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE A MISDE-
47 MEANOR.
48 S 1376. REQUIREMENTS FOR AFFECTED PROPERTIES OCCUPIED BY PERSONS AT
49 RISK. 1. ALL AFFECTED PROPERTIES OCCUPIED BY PERSONS AT RISK SHALL BE
50 MAINTAINED FREE OF CONDITIONS CONDUCIVE TO LEAD PAINT POISONING.
51 2. WITHIN TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION THE
52 OWNER OF ANY AFFECTED PROPERTY THAT IS OCCUPIED BY A PERSON AT RISK MUST
53 CERTIFY, THROUGH A SWORN STATEMENT IN A FORM PRESCRIBED BY THE COMMIS-
54 SIONER, THAT THE PROPERTY MEETS "LEAD STABILIZED" STATUS AS DEFINED BY
55 SUBDIVISION THREE OF THIS SECTION AND THE OWNER IS COMPLYING WITH SUBDI-
56 VISION TWO OF SECTION THIRTEEN HUNDRED SEVENTY-SEVEN OF THIS TITLE,
A. 2087--A 14
1 UNLESS A REPORT HAS BEEN SUBMITTED BY A CERTIFIED INSPECTOR STATING THAT
2 THE PROPERTY IS EITHER "LEAD FREE" OR IS "LEAD CONTAINED" AS PROVIDED
3 FOR IN SUBDIVISION FIVE OR SIX OF THIS SECTION.
4 3. AN AFFECTED PROPERTY WILL BE CONSIDERED TO BE "LEAD STABILIZED"
5 WHEN:
6 (A) ALL EXTERIOR AND INTERIOR PAINTED SURFACES HAVE BEEN VISUALLY
7 REVIEWED; AND ALL CHIPPING, PEELING, OR FLAKING LEAD-BASED PAINT OR
8 PAINT OF UNKNOWN LEAD CONTENT ON EXTERIOR AND INTERIOR PAINTED SURFACES
9 HAS BEEN REMOVED AND REPAINTED, OR STABILIZED AND REPAINTED, AND ANY
10 STRUCTURAL DEFECT THAT IS CAUSING OR LIKELY TO CAUSE LEAD-BASED PAINT OR
11 PAINT OF UNKNOWN LEAD CONTENT TO CHIP, PEEL, OR FLAKE THAT THE OWNER OF
12 THE AFFECTED PROPERTY HAS KNOWLEDGE OF, OR WITH THE EXERCISE OF REASON-
13 ABLE CARE SHOULD HAVE KNOWLEDGE OF, HAS BEEN REPAIRED; AND
14 (B) ALL WINDOW FRICTION SURFACES WITH LEAD-BASED PAINT OR PAINT OF
15 UNKNOWN LEAD CONTENT HAVE HAD SUCH PAINT REMOVED OR PERMANENTLY COVERED,
16 SUCH AS VIA THE INSTALLATION OF REPLACEMENT WINDOW CHANNELS OR SLIDES,
17 AND INTERIOR WINDOW TROUGHS AND WINDOWSILLS HAVE BEEN EITHER STRIPPED
18 AND REPAINTED, REPLACED, OR ENCAPSULATED WITH VINYL, METAL, OR ANY OTHER
19 DURABLE MATERIALS WHICH RENDER THE SURFACE SMOOTH AND CLEANABLE; AND
20 (C) ALL DOORS AND DOORWAYS HAVE BEEN ADJUSTED OR RE-HUNG AS NECESSARY
21 TO PREVENT THE RUBBING TOGETHER OF ANY SURFACE WITH LEAD-BASED PAINT OR
22 PAINT OF UNKNOWN LEAD CONTENT WITH ANOTHER SURFACE; AND
23 (D) ALL BARE FLOORS HAVE BEEN MADE SMOOTH AND CLEANABLE; AND
24 (E) ALL WORK HAS BEEN COMPLETED IN COMPLIANCE WITH THE SAFE WORK PRAC-
25 TICE REGULATIONS PROMULGATED PURSUANT TO SECTION THIRTEEN HUNDRED SEVEN-
26 TY-THREE OF THIS TITLE; AND
27 (F) AT THE COMPLETION OF ANY ACTIVITIES DESCRIBED IN THIS SUBDIVISION
28 THAT DISTURB LEAD-BASED PAINT OR PAINT OF UNKNOWN LEAD CONTENT:
29 (I) THE INTERIOR OF THE AFFECTED PROPERTY HAS BEEN HEPA VACUUMED AND
30 WASHED WITH HIGH PHOSPHATE DETERGENT OR ITS EQUIVALENT; AND
31 (II) CLEARANCE FOR LEAD DUST HAZARDS HAS BEEN ACHIEVED AS DETERMINED
32 BY WIPE SAMPLES IN ALL AREAS ACCESSIBLE TO PERSONS AT RISK, TAKEN BY
33 PROPERLY ACCREDITED INDEPENDENT PERSONNEL AFTER COMPLETION OF ALL ACTIV-
34 ITIES UNDERTAKEN PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
35 4. AN OWNER CERTIFYING THAT AN AFFECTED PROPERTY MEETS "LEAD STABI-
36 LIZED" STATUS UNDER SUBDIVISION TWO OF THIS SECTION SHALL RETAIN THE
37 SWORN CERTIFICATION, WHICH SHALL BE VALID FOR THREE YEARS, AND MAKE IT
38 AVAILABLE FOR INSPECTION BY DEPARTMENT OR LOCAL OFFICIALS, INCLUDING THE
39 RESULTS OF WIPE TESTS WHEN CONDUCTED, AND SHALL PROVIDE A COPY OF THE
40 CERTIFICATION AND WIPE TEST RESULTS TO THE TENANT.
41 5. AN AFFECTED PROPERTY WILL BE CONSIDERED TO BE "LEAD-FREE" FOR THE
42 PURPOSES OF THIS SECTION IF THE OWNER OF THE AFFECTED PROPERTY SUBMITS
43 TO THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE JURISDICTION IN WHICH SUCH
44 PROPERTY IS LOCATED AN INSPECTION REPORT WHICH INDICATES THAT THE
45 AFFECTED PROPERTY HAS BEEN TESTED BY AN INSPECTOR, ACCREDITED PURSUANT
46 TO THE PROVISIONS OF SECTION THIRTEEN HUNDRED SEVENTY-FIVE OF THIS
47 TITLE, FOR THE PRESENCE OF LEAD IN ACCORDANCE WITH STANDARDS AND PROCE-
48 DURES ESTABLISHED BY THE REGULATIONS PROMULGATED BY THE COMMISSIONER AND
49 STATES UNDER PENALTIES OF PERJURY THAT THERE IS NO LEAD-BASED PAINT OR
50 LEAD-CONTAMINATED DUST PRESENT ON THE INTERIOR SURFACES OF THE DWELLING
51 UNIT, NO LEAD-BASED PAINT ON THE INTERIOR SURFACES OF THE COMMON AREAS
52 OF THE PROPERTY, AND NO LEAD-BASED PAINT PRESENT ON ANY OF THE EXTERIOR
53 SURFACES OF THE PROPERTY. A COPY OF THE MOST RECENT INSPECTION REPORT
54 SHALL BE PROVIDED TO THE TENANT.
55 6. AN AFFECTED PROPERTY WILL BE CONSIDERED TO BE "LEAD CONTAINED" FOR
56 THE PURPOSES OF THIS SECTION IF THE OWNER OF THE AFFECTED PROPERTY
A. 2087--A 15
1 SUBMITS A REPORT BY A CERTIFIED INSPECTOR, ACCREDITED PURSUANT TO THE
2 PROVISIONS OF SECTION THIRTEEN HUNDRED SEVENTY-FIVE OF THIS TITLE, WHICH
3 INDICATES THAT THE AFFECTED PROPERTY HAS BEEN TESTED FOR THE PRESENCE OF
4 LEAD-BASED PAINT AND LEAD-CONTAMINATED DUST IN ACCORDANCE WITH THE STAN-
5 DARDS AND PROCEDURES ESTABLISHED BY REGULATIONS PROMULGATED BY THE
6 COMMISSIONER AND STATES UNDER PENALTIES OF PERJURY THAT:
7 (A) ALL INTERIOR SURFACES IN THE AFFECTED PROPERTY EITHER DO NOT
8 CONTAIN LEAD-BASED PAINT OR HAVE BEEN PERMANENTLY ABATED; AND
9 (B)(I) ALL EXTERIOR PAINTED SURFACES OF THE AFFECTED PROPERTY THAT
10 WERE CHIPPING, PEELING, OR FLAKING HAVE BEEN RESTORED WITH NON-LEAD
11 BASED PAINT AND NO EXTERIOR PAINTED SURFACES OF THE AFFECTED PROPERTY
12 ARE CHIPPING, PEELING, OR FLAKING; OR
13 (II) ALL EXTERIOR PAINTED SURFACES OF THE AFFECTED PROPERTY HAVE BEEN
14 COVERED WITH VINYL SIDING OR SIMILAR SIDING AND SEALED IN A MANNER THAT
15 PREVENTS EXPOSURE TO CHIPPING, PEELING, OR FLAKING PAINT; AND
16 (C) CLEARANCE FOR LEAD DUST HAZARDS HAS BEEN ACHIEVED AS DETERMINED BY
17 WIPE SAMPLES IN ALL AREAS ACCESSIBLE TO PERSONS AT RISK, TAKEN BY PROP-
18 ERLY ACCREDITED INDEPENDENT PERSONNEL. A COPY OF THE INSPECTION REPORT
19 SHALL BE PROVIDED TO THE TENANT.
20 7. IN ORDER TO MAINTAIN "LEAD CONTAINED" STATUS THE OWNER OF AN
21 AFFECTED PROPERTY WITH LEAD-BASED PAINT ON ANY EXTERIOR SURFACE WHICH
22 HAS BEEN CERTIFIED AS "LEAD CONTAINED" PURSUANT TO SUBDIVISION SIX OF
23 THIS SECTION SHALL SUBMIT TO THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE
24 JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED EVERY THREE YEARS A
25 CERTIFICATION BY AN INSPECTOR, STATING UNDER PENALTIES OF PERJURY THAT
26 NO EXTERIOR PAINTED SURFACE OF THE AFFECTED PROPERTY IS CHIPPING, PEEL-
27 ING, OR FLAKING, AND THAT THERE HAS BEEN NO COMPROMISE OF ANY INTERIOR
28 ABATEMENT SYSTEM THAT RELIES UPON THE ENCLOSURE OR ENCAPSULATION FOR
29 LEAD-BASED PAINT. A COPY OF SUCH CERTIFICATION SHALL BE RETAINED BY THE
30 OWNER AND MADE AVAILABLE FOR INSPECTION BY DEPARTMENT OR LOCAL OFFICIALS
31 AND SHALL BE PROVIDED TO THE TENANT.
32 S 1377. DUE DILIGENCE INQUIRIES; INVESTIGATION AND INSPECTION OF
33 AFFECTED PROPERTIES. 1. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF
34 THIS SECTION, UNLESS THE OWNER OF AN AFFECTED PROPERTY HAS PREVIOUSLY
35 DOCUMENTED IN THE MANNER REQUIRED BY THE DEPUTY COMMISSIONER THAT A
36 PROPERTY HAS BEEN DETERMINED TO HAVE ACHIEVED "LEAD-FREE" PROPERTY
37 STATUS OR "LEAD-CONTAINED" PROPERTY STATUS, THE OWNER OF AN AFFECTED
38 PROPERTY SHALL MAKE A DUE DILIGENCE INQUIRY TO ASCERTAIN WHETHER A
39 PERSON AT RISK RESIDES IN AN AFFECTED PROPERTY.
40 (A) NO OCCUPANT IN A DWELLING UNIT IN SUCH AFFECTED PROPERTY SHALL
41 REFUSE OR UNREASONABLY FAIL TO PROVIDE ACCURATE AND TRUTHFUL INFORMATION
42 REGARDING THE RESIDENCY OF A PERSON AT RISK.
43 (B) ALL LEASES OFFERED TO TENANTS OR PROSPECTIVE TENANTS IN AFFECTED
44 PROPERTIES MUST CONTAIN A NOTICE, CONSPICUOUSLY SET FORTH THEREIN, WHICH
45 ADVISES TENANTS OF THE OBLIGATIONS OF THE OWNER AND TENANT AS SET FORTH
46 IN THIS SECTION. SUCH NOTICE MUST BE IN A MANNER APPROVED BY THE DEPUTY
47 COMMISSIONER, THE CONTENT OF WHICH SHALL, AT A MINIMUM, BE IN ENGLISH
48 AND SPANISH. THE OWNER OF AN AFFECTED PROPERTY SHALL PROVIDE THE OCCU-
49 PANT OF SUCH DWELLING UNIT WITH A PAMPHLET DEVELOPED PURSUANT TO SUBDI-
50 VISION FOUR OF SECTION THIRTEEN HUNDRED SEVENTY-A OF THIS TITLE.
51 (C)(I) THE OWNER OF SUCH AFFECTED PROPERTY SHALL PROVIDE TO AN OCCU-
52 PANT OF A DWELLING UNIT AT THE SIGNING OF A LEASE, INCLUDING A RENEWAL
53 LEASE, IF ANY, OR UPON ANY AGREEMENT TO LEASE, OR AT THE COMMENCEMENT OF
54 OCCUPANCY IF THERE IS NO LEASE, A NOTICE IN ENGLISH AND SPANISH, THE
55 FORM AND CONTENT OF WHICH SHALL BE APPROVED BY THE DEPARTMENT, INQUIRING
56 WHETHER A PERSON AT RISK RESIDES OR WILL RESIDE THEREIN. IF THERE IS A
A. 2087--A 16
1 LEASE, SUCH NOTICE SHALL BE INCLUDED IN SUCH LEASE OR BE ATTACHED AS A
2 RIDER TO SUCH LEASE. SUCH NOTICE SHALL BE COMPLETED BY THE OCCUPANT AT
3 THE TIME OF SUCH SIGNING OF A LEASE, INCLUDING A RENEWAL LEASE, IF ANY,
4 OR SUCH AGREEMENT TO LEASE, OR AT SUCH COMMENCEMENT OF OCCUPANCY.
5 (II) WHERE AN OCCUPANT HAS RESPONDED TO THE NOTICE PROVIDED BY THE
6 OWNER PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH BY INDICATING THAT
7 NO PERSON AT RISK RESIDES THEREIN, DURING THE PERIOD BETWEEN THE DATE OF
8 SUCH RESPONSE AND THE DELIVERY OF THE NOTICE PROVIDED BY THE OWNER
9 PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION DURING THE IMMEDIATELY
10 FOLLOWING YEAR THE OCCUPANT SHALL HAVE THE RESPONSIBILITY TO INFORM THE
11 OWNER OF ANY PERSON AT RISK THAT COMES TO RESIDE THEREIN DURING SUCH
12 PERIOD.
13 (D)(I) EACH YEAR, AN OWNER OF AN AFFECTED PROPERTY SHALL, NO EARLIER
14 THAN JANUARY FIRST AND NO LATER THAN JANUARY SIXTEENTH, EXCEPT AS
15 PROVIDED FOR IN SUBPARAGRAPH (II) OF PARAGRAPH (C) OF THIS SUBDIVISION,
16 PRESENT TO THE OCCUPANT OF EACH DWELLING UNIT IN SUCH AFFECTED PROPERTY
17 A NOTICE INQUIRING AS TO WHETHER A PERSON AT RISK RESIDES THEREIN. SUCH
18 NOTICE, THE FORM AND CONTENT OF WHICH SHALL BE APPROVED BY THE DEPUTY
19 COMMISSIONER, SHALL BE PRESENTED AS PROVIDED FOR IN SUBPARAGRAPH (II) OF
20 PARAGRAPH (C) OF THIS SUBDIVISION, AND SHALL BE IN ENGLISH AND SPANISH.
21 (II) THE OWNER MAY PRESENT THE NOTICE REQUIRED BY SUBPARAGRAPH (I) OF
22 THIS PARAGRAPH BY DELIVERING SAID NOTICE BY ANY ONE OF THE FOLLOWING
23 METHODS:
24 (1) BY FIRST CLASS MAIL, ADDRESSED TO THE OCCUPANT OF THE DWELLING
25 UNIT;
26 (2) BY HAND DELIVERY TO THE OCCUPANT OF THE DWELLING UNIT; OR
27 (3) BY ENCLOSURE WITH THE JANUARY RENT BILL, IF SUCH RENT BILL IS
28 DELIVERED AFTER DECEMBER FIFTEENTH BUT NO LATER THAN JANUARY SIXTEENTH.
29 (III) (1) UPON RECEIPT OF SUCH NOTICE THE OCCUPANT SHALL HAVE THE
30 RESPONSIBILITY TO DELIVER BY FEBRUARY FIFTEENTH OF THAT YEAR, A WRITTEN
31 RESPONSE TO THE OWNER INDICATING WHETHER OR NOT A PERSON AT RISK RESIDES
32 THEREIN. IF, SUBSEQUENT TO DELIVERY OF SUCH NOTICE, THE OWNER DOES NOT
33 RECEIVE SUCH WRITTEN RESPONSE BY FEBRUARY FIFTEENTH, AND DOES NOT OTHER-
34 WISE HAVE ACTUAL KNOWLEDGE AS TO WHETHER A PERSON AT RISK RESIDES THERE-
35 IN, THEN THE OWNER SHALL AT REASONABLE TIMES AND UPON REASONABLE NOTICE
36 INSPECT THAT OCCUPANT'S DWELLING UNIT TO ASCERTAIN THE RESIDENCY OF A
37 PERSON AT RISK AND, WHEN NECESSARY, CONDUCT AN INVESTIGATION IN ORDER TO
38 MAKE THAT DETERMINATION. WHERE, BETWEEN FEBRUARY SIXTEENTH AND MARCH
39 FIRST OF THAT YEAR, THE OWNER HAS MADE REASONABLE ATTEMPTS TO GAIN
40 ACCESS TO A DWELLING UNIT TO DETERMINE IF A PERSON AT RISK RESIDES IN
41 THAT DWELLING UNIT AND WAS UNABLE TO GAIN ACCESS, THE OWNER SHALL NOTIFY
42 THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S LOCAL DESIGNEE OF
43 THAT CIRCUMSTANCE.
44 (2) WHERE AN OCCUPANT HAS RESPONDED TO THE NOTICE PROVIDED BY THE
45 OWNER PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH BY INDICATING THAT
46 NO PERSON AT RISK RESIDES THEREIN, DURING THE PERIOD BETWEEN THE DATE OF
47 SUCH RESPONSE AND THE DELIVERY OF THE NOTICE PROVIDED BY THE OWNER
48 PURSUANT TO THIS SUBDIVISION DURING THE IMMEDIATELY FOLLOWING YEAR THE
49 OCCUPANT SHALL HAVE THE RESPONSIBILITY TO INFORM THE OWNER OF ANY PERSON
50 AT RISK THAT COMES TO RESIDE THEREIN DURING SUCH PERIOD.
51 (E) THE OWNER SHALL MAKE AND MAINTAIN A RECORD OF ALL DUE DILIGENCE
52 INQUIRIES, IN ELECTRONIC OR HARD-COPY FORMAT, FOR A PERIOD OF SIX YEARS.
53 COPIES OF SUCH RECORDS SHALL BE MADE AVAILABLE UPON REQUEST TO THE DEPU-
54 TY COMMISSIONER OR HIS OR HER LOCAL DESIGNEE.
55 2. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, WHEN
56 THE OWNER DETERMINES THAT A PERSON AT RISK RESIDES AT AN AFFECTED PROP-
A. 2087--A 17
1 ERTY AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, AND THE OWNER OF AN
2 AFFECTED PROPERTY HAS NOT PREVIOUSLY DOCUMENTED IN THE MANNER REQUIRED
3 BY THE DEPUTY COMMISSIONER THAT A PROPERTY HAS BEEN DETERMINED TO HAVE
4 ACHIEVED EITHER "LEAD-FREE" PROPERTY STATUS OR "LEAD-CONTAINED" PROPERTY
5 STATUS, NOTWITHSTANDING ANY CERTIFICATION COMPLETED PURSUANT TO SUBDIVI-
6 SION TWO OF SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THIS TITLE, THE
7 OWNER SHALL THEN CAUSE AN INVESTIGATION TO BE MADE, EITHER DIRECTLY BY
8 THE OWNER, THE OWNER'S AGENT OR EMPLOYEE, OR BY ANY OTHER PERSON AUTHOR-
9 IZED BY THE DEPUTY COMMISSIONER, TO DETERMINE WHETHER SUCH PROPERTY
10 COMPLIES, AT A MINIMUM, WITH "LEAD-STABILIZED" PROPERTY STATUS. ALTERNA-
11 TIVELY, THE OWNER MAY CAUSE AN INSPECTION TO BE MADE BY A PERSON TRAINED
12 AND ACCREDITED FOR SUCH INSPECTIONS AS DESCRIBED IN SECTION THIRTEEN
13 HUNDRED SEVENTY-FIVE OF THIS TITLE FOR THE PURPOSE OF DETERMINING WHETH-
14 ER THE AFFECTED PROPERTY COMPLIES WITH EITHER "LEAD-FREE" PROPERTY
15 STATUS OR "LEAD-CONTAINED" PROPERTY STATUS.
16 (A) THE INVESTIGATION TO ASCERTAIN WHETHER A PROPERTY COMPLIES WITH
17 "LEAD-STABILIZED" PROPERTY STATUS SHALL OCCUR AT LEAST ONCE A YEAR AND
18 MORE OFTEN IF NECESSARY, SUCH AS WHEN THE OWNER KNOWS OR SHOULD REASON-
19 ABLY BE AWARE THAT A PERSON AT RISK HAS BECOME AN OCCUPANT OF THE
20 AFFECTED PROPERTY.
21 (B) AN INSPECTION OR INVESTIGATION SHALL, IN ADDITION, BE CONDUCTED
22 WHEN, IN THE EXERCISE OF REASONABLE CARE, AN OWNER KNOWS OR SHOULD KNOW
23 OF A CONDITION THAT IS REASONABLY FORESEEABLE TO BE CONDUCIVE TO LEAD
24 POISONING, OR WHEN AN OCCUPANT SPECIFICALLY REQUESTS THAT AN INSPECTION
25 OR INVESTIGATION BE MADE BASED UPON HIS OR HER REASONABLE BELIEF THAT
26 SUCH A CONDITION EXISTS, OR WHEN AN OCCUPANT MAKES A COMPLAINT TO THE
27 OWNER CONCERNING A CONDITION THAT THE OWNER KNOWS OR SHOULD KNOW IS
28 REASONABLY FORESEEABLE TO BE CONDUCIVE TO LEAD POISONING.
29 (C) IN ADDITION TO ANY INVESTIGATIONS OR INSPECTIONS REQUIRED UNDER
30 PARAGRAPHS (A) OR (B) OF THIS SUBDIVISION, THE OWNER SHALL CAUSE SUCH AN
31 INVESTIGATION OR INSPECTION TO BE MADE WITHIN THE THIRTY DAYS PRIOR TO
32 THE LEASING, RENTAL, OR OTHER TURNOVER OF AN AFFECTED PROPERTY, AND
33 SHALL REPORT THE FINDINGS OF THAT INVESTIGATION OR INSPECTION TO
34 PROSPECTIVE TENANTS IN ACCORDANCE WITH TITLE X OF THE FEDERAL RESIDEN-
35 TIAL LEAD POISONING PREVENTION ACT AND THIS TITLE.
36 (D) THE OWNER SHALL MAKE AND MAINTAIN A RECORD OF ALL INVESTIGATIONS
37 OR INSPECTIONS CONDUCTED UNDER THIS SUBDIVISION IN A FORM PRESCRIBED BY
38 THE DEPUTY COMMISSIONER. THE OWNER SHALL MAINTAIN SUCH RECORD, IN ELEC-
39 TRONIC OR HARD-COPY FORMAT, FOR A PERIOD OF SIX YEARS. COPIES OF SUCH
40 RECORDS SHALL BE MADE AVAILABLE UPON REQUEST TO THE DEPUTY COMMISSIONER,
41 HIS OR HER LOCAL DESIGNEE, TENANTS AND OCCUPANTS OF THE AFFECTED PROPER-
42 TY, AND ANY PROSPECTIVE TENANTS OR OCCUPANTS OF THE AFFECTED PROPERTY.
43 (E) THE OWNER SHALL CAUSE A SUMMARY OF SUCH INVESTIGATION OR
44 INSPECTION REPORT, IN A FORM PRESCRIBED BY THE DEPUTY COMMISSIONER, TO
45 BE CONSPICUOUSLY POSTED IN A COMMON AREA OF THE DWELLING IN OR ADJACENT
46 TO MAIN ENTRANCES. WHERE THERE IS MORE THAN ONE AFFECTED PROPERTY IN THE
47 DWELLING, THE SUMMARY SHALL BE POSTED IN A COMMON AREA OF THE DWELLING
48 IN, OR ADJACENT TO, THE MAIN ENTRANCE OR ENTRANCES. IN CASES WHERE IT IS
49 NOT FEASIBLE TO POST SUCH REPORTS IN A COMMON AREA, THE OWNER OR AGENT
50 SHALL DELIVER INDIVIDUAL COPIES OF SUCH SUMMARY TO EACH AFFECTED UNIT.
51 SAID SUMMARY SHALL INDICATE THAT THE FULL REPORT OF SUCH INVESTIGATION
52 OR INSPECTION IS AVAILABLE TO TENANTS UPON REQUEST.
53 3. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
54 DEPUTY COMMISSIONER'S DESIGNEE FOR THE JURISDICTION IN WHICH SUCH PROP-
55 ERTY IS LOCATED SHALL ORDER AN INSPECTION OF AN AFFECTED PROPERTY BY AN
56 INSPECTOR ACCREDITED PURSUANT TO THE PROVISIONS OF SECTION THIRTEEN
A. 2087--A 18
1 HUNDRED SEVENTY-FIVE OF THIS TITLE, AT THE EXPENSE OF THE OWNER OF THE
2 AFFECTED PROPERTY, WHENEVER THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE
3 JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED, RECEIVES NOTIFICATION
4 THAT THE AFFECTED PROPERTY DOES NOT REASONABLY APPEAR TO COMPLY WITH
5 EITHER THE LEAD-FREE, LEAD-CONTAINED, OR LEAD-STABILIZED PROPERTY STATUS
6 AND THAT A PERSON AT RISK RESIDES IN THE AFFECTED PROPERTY. ANY STATE OR
7 LOCAL AGENCY EMPLOYEES WHO HAVE OCCASION TO OBSERVE DETERIORATED PAINT
8 OR ANY OTHER CONDITION BELIEVED TO BE CONDUCIVE TO LEAD POISONING AT AN
9 AFFECTED PROPERTY ARE AUTHORIZED TO REPORT, AND SHALL REPORT, SUCH
10 CONDITIONS TO THE DEPUTY COMMISSIONER'S DESIGNEE, AND IN SUCH INSTANCE,
11 THE DEPUTY COMMISSIONER'S DESIGNEE SHALL REQUIRE AN INSPECTION TO BE
12 MADE OF THE AFFECTED PROPERTY. AN INSPECTION REQUIRED UNDER THIS SUBDI-
13 VISION SHALL BE COMPLETED WITHIN NINETY DAYS AFTER NOTIFICATION OF THE
14 DEPUTY COMMISSIONER'S DESIGNEE FOR THE JURISDICTION IN WHICH SUCH PROP-
15 ERTY IS LOCATED. IN THE EVENT SUCH INSPECTION RESULTS IN A FINDING OF
16 LEAD HAZARDS, A REPORT OF SUCH FINDINGS SHALL BE IMMEDIATELY TRANSMITTED
17 BY THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE
18 JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED TO THE APPROPRIATE LOCAL
19 SOCIAL SERVICES DEPARTMENT PURSUANT TO SECTION ONE HUNDRED FORTY-THREE-B
20 OF THE SOCIAL SERVICES LAW.
21 4. THE DEPUTY COMMISSIONER, OR THE DEPUTY COMMISSIONER'S DESIGNEE FOR
22 THE JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED, SHALL ORDER AN
23 INSPECTION OF AN AFFECTED PROPERTY FOR CONDITIONS CONDUCIVE TO LEAD
24 POISONING, BY AN INSPECTOR ACCREDITED PURSUANT TO THE PROVISIONS OF
25 SECTION THIRTEEN HUNDRED SEVENTY-FIVE OF THIS TITLE, AT THE EXPENSE OF
26 THE OWNER OF THE AFFECTED PROPERTY, WHENEVER THE DEPUTY COMMISSIONER OR
27 THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE JURISDICTION IN WHICH SUCH
28 PROPERTY IS LOCATED IS NOTIFIED THAT A PERSON AT RISK WHO RESIDES IN THE
29 AFFECTED PROPERTY OR SPENDS MORE THAN FIFTEEN HOURS PER WEEK IN THE
30 AFFECTED PROPERTY HAS AN ELEVATED BLOOD LEAD LEVEL. AN INSPECTION UNDER
31 THIS SUBDIVISION SHALL BE COMPLETED WITHIN FIFTEEN DAYS AFTER NOTIFICA-
32 TION OF THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S DESIGNEE
33 FOR THE JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED. IN THE EVENT
34 SUCH INSPECTION RESULTS IN A FINDING OF CONDITIONS CONDUCIVE TO LEAD
35 POISONING, A REPORT OF SUCH FINDING SHALL BE PROMPTLY TRANSMITTED BY THE
36 DEPUTY COMMISSIONER, OR THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE
37 JURISDICTION IN WHICH THE SUBJECT PROPERTY IS LOCATED, TO THE APPROPRI-
38 ATE LOCAL SOCIAL SERVICES DEPARTMENT PURSUANT TO SECTION ONE HUNDRED
39 FORTY-THREE-B OF THE SOCIAL SERVICES LAW.
40 5. AN OWNER OF AN AFFECTED PROPERTY AT ANY TIME AFTER THE EFFECTIVE
41 DATE OF THIS SECTION, MAY REQUEST VOLUNTARILY THAT THE DEPUTY COMMIS-
42 SIONER, OR THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE JURISDICTION IN
43 WHICH SUCH PROPERTY IS LOCATED, CONDUCT AN INSPECTION BY AN INSPECTOR
44 ACCREDITED PURSUANT TO THE PROVISIONS OF SECTION THIRTEEN HUNDRED SEVEN-
45 TY-FIVE OF THIS TITLE, OF AN AFFECTED PROPERTY, AT THE EXPENSE OF THE
46 OWNER, TO DETERMINE WHETHER IT COMPLIES WITH THE REQUIREMENTS FOR LEAD-
47 FREE PROPERTY, LEAD-CONTAINED PROPERTY STATUS, OR LEAD-STABILIZED PROP-
48 ERTY STATUS. SUCH INSPECTION SHALL BE COMPLETED WITHIN THIRTY DAYS AFTER
49 THE OWNER'S REQUEST.
50 6. THE DEPUTY COMMISSIONER SHALL ESTABLISH A PRIMARY PREVENTION
51 INSPECTION PROGRAM IN AREAS OF HIGH RISK TO IDENTIFY AND TARGET AFFECTED
52 PROPERTIES WHERE THERE ARE PERSONS WHO MAY BE EXPOSED TO LEAD-BASED
53 PAINT HAZARDS IN ORDER THAT INSPECTIONS MAY BE CONDUCTED WITHOUT THE
54 RECEIPT OF A COMPLAINT OR OTHER SUCH EVENT TRIGGERING AN INSPECTION, AND
55 REQUIRE FOR EACH SUCH AREA OF HIGH RISK THAT THE COUNTY COMMISSIONER OF
56 HEALTH OR HIS OR HER OTHER LOCAL DESIGNEE, AND SUCH LOCAL MUNICIPAL
A. 2087--A 19
1 BUILDING OR PROPERTY MAINTENANCE CODE ENFORCEMENT OFFICIALS HAVING
2 JURISDICTION OVER SUCH AREA AS THE DEPUTY COMMISSIONER SHALL DESIGNATE,
3 PREPARE AND IMPLEMENT A STRATEGY TO:
4 (A) ASSURE THAT A SUFFICIENT NUMBER OF QUALIFIED INSPECTION PERSONNEL
5 ARE AVAILABLE;
6 (B) IDENTIFY THE AFFECTED PROPERTIES WITH PERSONS AT RISK IN THAT
7 MUNICIPALITY, CENSUS TRACT OR CENSUS BLOCK GROUP THAT ARE MOST LIKELY TO
8 CONTAIN CONDITIONS CONDUCIVE TO LEAD POISONING;
9 (C) REQUIRE, AT THE OWNER'S EXPENSE, THE INSPECTION OF AFFECTED PROP-
10 ERTIES FOR CONDITIONS CONDUCIVE TO LEAD POISONING; AND
11 (D) REQUIRE THAT SUCH INSPECTED PROPERTIES ATTAIN LEAD-FREE, LEAD-CON-
12 TAINED, OR LEAD-STABILIZED STATUS, AND ELIMINATION OF ALL CONDITIONS
13 CONDUCIVE TO LEAD POISONING IN SUCH PROPERTIES, USING LEAD SAFE WORK
14 PRACTICES IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
15 IN PREPARING THIS PRIMARY PREVENTION INSPECTION STRATEGY, THE RESPONSI-
16 BLE OFFICIALS SHALL, AMONG OTHER FACTORS, CONSIDER REPORTS OF PERSONS AT
17 RISK WITH ELEVATED BLOOD LEAD LEVELS IN OTHER UNITS IN A BUILDING; THE
18 AGE AND MAINTENANCE HISTORY OF A BUILDING; AND ANY AVAILABLE DATA ON THE
19 PRESENCE OF YOUNG CHILDREN FROM BIRTH CERTIFICATES ISSUED BY THE DEPART-
20 MENT.
21 7. AN INSPECTOR SHALL SUBMIT A VERIFIED REPORT OF THE RESULT OF THE
22 INSPECTION CONDUCTED PURSUANT TO SUBDIVISION TWO, THREE, FOUR, FIVE OR
23 SIX OF THIS SECTION TO THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSION-
24 ER'S DESIGNEE FOR THE JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED,
25 THE OWNER, AND THE TENANT, IF ANY, OF THE AFFECTED PROPERTY. SUCH REPORT
26 SHALL BE COMPLETED SUBJECT TO PENALTIES FOR PERJURY AND INCLUDE THE
27 INSPECTOR'S STATE REGISTRATION NUMBER AND DATE OF CERTIFICATION TO
28 PERFORM SUCH INSPECTIONS. IN THE EVENT SUCH INSPECTION RESULTS IN A
29 FINDING OF LEAD-BASED PAINT HAZARDS OR CONDITIONS CONDUCIVE TO LEAD
30 POISONING, A REPORT OF SUCH FINDINGS SHALL BE PROMPTLY TRANSMITTED BY
31 THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE
32 JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED AND TO THE APPROPRIATE
33 LOCAL SOCIAL SERVICES DEPARTMENT PURSUANT TO SECTION ONE HUNDRED FORTY-
34 THREE-B OF THE SOCIAL SERVICES LAW.
35 8. UNLESS AN AFFECTED PROPERTY HAS BEEN CERTIFIED AS "LEAD-FREE PROP-
36 ERTY STATUS" AS PROVIDED IN SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED
37 SEVENTY OF THIS TITLE, ANY WRITTEN OR PRINTED LEASE FOR THE LEASE OR
38 RENTING OF AN AFFECTED PROPERTY FOR A TERM BEGINNING AT A DATE MORE THAN
39 ONE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS TITLE SHALL INCLUDE THE
40 FOLLOWING PROVISIONS, IN BOTH ENGLISH AND SPANISH, IN PROMINENTLY
41 DISPLAYED AND EASILY READABLE TYPE OR PRINTING:
42 "THIS PROPERTY, CONSTRUCTED BEFORE JANUARY 1, 1970, MAY CONTAIN LEAD-
43 BASED PAINT. LEAD-BASED PAINT, IF IT IS NOT PROPERLY REMOVED OR MAIN-
44 TAINED, MAY CAUSE BRAIN DAMAGE OR OTHER SERIOUS HEALTH IMPACTS IN CHIL-
45 DREN LESS THAN SEVEN YEARS OF AGE AND FETAL INJURY IN PREGNANT WOMEN.
46 NEW YORK STATE LAW REQUIRES THE LANDLORD TO COMPLY WITH MAINTENANCE
47 STANDARDS TO AVOID LEAD-BASED PAINT HAZARDS. THIS PROPERTY (OWNER OR
48 AGENT TO CHECK APPROPRIATE BOX):
49 HAS BEEN INSPECTED BY AN INDEPENDENT INSPECTOR CERTIFIED UNDER
50 NEW YORK STATE LAW WITHIN THE PAST SIXTY DAYS AND FOUND NOT TO CONTAIN
51 LEAD-BASED PAINT HAZARDS.
52 HAS BEEN INVESTIGATED BY THE OWNER, MANAGER, OR HIS/HER AGENT
53 WITHIN THE PAST THIRTY DAYS AND OBSERVABLE LEAD-BASED PAINT HAZARDS HAVE
54 BEEN STABILIZED.
A. 2087--A 20
1 HAS NOT BEEN INSPECTED FOR LEAD-BASED PAINT HAZARDS. THIS PROP-
2 ERTY MAY CONTAIN LEAD-BASED PAINT HAZARDS DANGEROUS TO A CHILD LESS THAN
3 SEVEN YEARS OF AGE."
4 9. AT THE TIME OF THE LEASE OR RENTING OF AN AFFECTED PROPERTY WITHOUT
5 A WRITTEN OR PRINTED LEASE AT A DATE MORE THAN ONE YEAR FOLLOWING THE
6 EFFECTIVE DATE OF THIS SECTION, THE FRONT ENTRANCEWAY OR DOOR OF THE
7 AFFECTED PROPERTY SHALL BE POSTED WITH A SIGN CONTAINING THE LANGUAGE
8 QUOTED IN SUBDIVISION EIGHT OF THIS SECTION, IN BOTH ENGLISH AND SPAN-
9 ISH, AND IN PROMINENTLY DISPLAYED AND EASILY READABLE TYPE OR PRINTING.
10 S 1378. ENFORCEMENT. 1. WHENEVER THE DEPUTY COMMISSIONER OR DEPUTY
11 COMMISSIONER'S DESIGNEE FINDS AN AFFECTED PROPERTY TO NOT BE IN COMPLI-
12 ANCE WITH THE APPLICABLE REQUIREMENTS FOR EITHER LEAD-FREE, OR LEAD-CON-
13 TAINED, OR LEAD-STABILIZED PROPERTY STATUS, THE DEPUTY COMMISSIONER OR
14 DEPUTY COMMISSIONER'S DESIGNEE SHALL GIVE WRITTEN NOTICE AND DEMAND,
15 SERVED AS PROVIDED HEREIN, FOR THE DISCONTINUANCE OF ANY CONDITION FAIL-
16 ING TO COMPLY WITH EITHER THE LEAD-FREE, LEAD-CONTAINED, OR LEAD-STABI-
17 LIZED STANDARDS IN AN AFFECTED PROPERTY WITHIN A SPECIFIED PERIOD OF
18 TIME NOT TO EXCEED THIRTY DAYS. THE DEPUTY COMMISSIONER OR DEPUTY
19 COMMISSIONER'S DESIGNEE SHALL ALSO IMMEDIATELY NOTIFY THE APPROPRIATE
20 LOCAL SOCIAL SERVICES DEPARTMENT OF THE ISSUANCE OF SUCH WRITTEN NOTICE
21 AND DEMAND PURSUANT TO SECTION ONE HUNDRED FORTY-THREE-B OF THE SOCIAL
22 SERVICES LAW.
23 2. IN THE EVENT OF FAILURE TO COMPLY WITH A NOTICE AND DEMAND, THE
24 DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S DESIGNEE SHALL CONDUCT
25 A FORMAL HEARING UPON DUE NOTICE IN ACCORDANCE WITH THE PROVISIONS OF
26 THIS SECTION AND ON PROOF OF VIOLATION OF SUCH NOTICE AND DEMAND SHALL
27 ORDER THE OWNER OF AN AFFECTED PROPERTY TO TAKE SPECIFIED CORRECTIVE
28 ACTIONS TO HAVE THE AFFECTED PROPERTY SATISFY THE REQUIREMENTS, AT A
29 MINIMUM, OF LEAD-CONTAINED OR LEAD-STABILIZED PROPERTY AND MAY ASSESS A
30 PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH
31 AFFECTED PROPERTY. IN THE EVENT THAT SUCH FAILURE TO COMPLY CONCERNS A
32 NOTICE AND DEMAND ISSUED IN RESPONSE TO AN ENVIRONMENTAL ASSESSMENT
33 UNDERTAKEN PURSUANT TO SUBDIVISION THREE OF SECTION THIRTEEN HUNDRED
34 SEVENTY-SEVEN OF THIS TITLE, THE DEPUTY COMMISSIONER OR THE DEPUTY
35 COMMISSIONER'S DESIGNEE, SHALL CAUSE THE CONDITION TO BE REMEDIATED
36 WITHIN THE NEXT THIRTY DAYS, AND MAY PLACE A LIEN ON SUCH PROPERTY AND
37 COMMENCE SUCH LEGAL ACTIONS AS ARE NECESSARY TO RECOVER FROM THE OWNER
38 OF SUCH PROPERTY THE DEPUTY COMMISSIONER'S EXPENDITURES IN CONNECTION
39 THEREWITH, INCLUDING LEGAL FEES.
40 3. A NOTICE REQUIRED BY THIS SECTION MAY BE SERVED UPON AN OWNER OR
41 OCCUPANT OF THE DWELLING OR AGENT OF THE OWNER IN THE SAME MANNER AS A
42 SUMMONS IN A CIVIL ACTION OR BY REGISTERED OR CERTIFIED MAIL TO HIS OR
43 HER LAST KNOWN ADDRESS OR PLACE OF RESIDENCE.
44 4. THE DEPUTY COMMISSIONER'S DESIGNEE HAVING JURISDICTION, COUNTY AND
45 CITY COMMISSIONERS OF HEALTH, AND LOCAL HOUSING CODE ENFORCEMENT AGEN-
46 CIES DESIGNATED BY THE DEPUTY COMMISSIONER'S DESIGNEE HAVING JURISDIC-
47 TION OR COUNTY OR CITY COMMISSIONER OF HEALTH SHALL HAVE THE SAME
48 AUTHORITY, POWERS AND DUTIES WITHIN THEIR RESPECTIVE JURISDICTIONS AS
49 HAS THE DEPUTY COMMISSIONER UNDER THE PROVISIONS OF THIS TITLE.
50 5. THE DEPUTY COMMISSIONER OR DEPUTY COMMISSIONER'S REPRESENTATIVE AND
51 AN OFFICIAL OR AGENCY SPECIFIED IN SUBDIVISION ONE OF THIS SECTION MAY
52 REQUEST AND SHALL RECEIVE FROM ALL PUBLIC OFFICERS, DEPARTMENTS AND
53 AGENCIES OF THE STATE AND ITS POLITICAL SUBDIVISIONS SUCH COOPERATION
54 AND ASSISTANCE AS MAY BE NECESSARY OR PROPER IN THE ENFORCEMENT OF THE
55 PROVISIONS OF THIS TITLE.
A. 2087--A 21
1 6. ANY VIOLATION OF THE REQUIREMENTS OF SECTION THIRTEEN HUNDRED
2 SEVENTY-SIX OF THIS TITLE SHALL ALSO CONSTITUTE A VIOLATION OF ANY
3 MUNICIPAL OR OTHER LOCAL HOUSING CODE AND SHALL SUBJECT THE OWNER OF AN
4 AFFECTED PROPERTY TO ALL ORDERS, CRIMINAL PENALTIES, AND OTHER CIVIL
5 FORFEITURES OR PENALTIES THAT ARE POSSIBLE UNDER SUCH MUNICIPAL OR LOCAL
6 HOUSING CODE, AND SHALL ALSO CONSTITUTE A RENT IMPAIRING VIOLATION WITH-
7 IN THE MEANING OF SECTION THREE HUNDRED TWO-A OF THE MULTIPLE DWELLING
8 LAW AND SECTION THREE HUNDRED FIVE-A OF THE MULTIPLE RESIDENCE LAW.
9 7. NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED TO ALTER OR
10 ABRIDGE ANY DUTIES AND POWERS NOW OR HEREAFTER EXISTING IN THE DEPUTY
11 COMMISSIONER, COUNTY BOARDS OF HEALTH, CITY AND COUNTY COMMISSIONERS OF
12 HEALTH, THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVEL-
13 OPMENT AND THE DEPARTMENT OF HEALTH, LOCAL BOARDS OF HEALTH OR OTHER
14 PUBLIC AGENCIES OR PUBLIC OFFICIALS, OR ANY PRIVATE PARTY, INCLUDING THE
15 POWER TO IMPOSE MORE STRINGENT MEASURES TO PROTECT PUBLIC HEALTH.
16 8. THE OFFICE OF THE ATTORNEY GENERAL AND ALL LOCAL AUTHORITIES
17 RESPONSIBLE FOR THE ENFORCEMENT OF STATE, MUNICIPAL, AND OTHER LOCAL
18 HOUSING CODES ARE HEREBY EMPOWERED TO AND SHALL VIGOROUSLY ENFORCE CIVIL
19 REMEDIES AND/OR CRIMINAL PENALTIES PROVIDED FOR BY LAW ARISING OUT OF
20 THE FAILURE TO COMPLY WITH THE REQUIREMENTS OF SECTIONS THIRTEEN HUNDRED
21 SEVENTY-FIVE, THIRTEEN HUNDRED SEVENTY-SIX, OR THIRTEEN HUNDRED SEVEN-
22 TY-EIGHT OF THIS TITLE AND MAY SEEK INJUNCTIVE RELIEF WHERE APPROPRIATE.
23 9. (A) ANY ADMINISTRATIVE PROCEEDING OR CIVIL OR CRIMINAL ACTION BY
24 STATE OR LOCAL OFFICIALS TO ENFORCE THE PROVISIONS OF THIS SECTION SHALL
25 BE REPORTED TO THE DEPUTY COMMISSIONER.
26 (B) THE DEPUTY COMMISSIONER SHALL ISSUE AN ANNUAL REPORT OUTLINING
27 SPECIFICALLY THE ENFORCEMENT ACTIONS BROUGHT PURSUANT TO THIS SECTION,
28 THE IDENTITY OF THE OWNERS OF THE AFFECTED PROPERTIES, THE AUTHORITY
29 BRINGING THE ENFORCEMENT ACTION, THE NATURE OF THE ACTION, AND DESCRIB-
30 ING THE CRIMINAL PENALTIES AND/OR CIVIL RELIEF.
31 10. THE REMOVAL OF A TENANT FROM OR THE SURRENDER BY THE TENANT OF A
32 DWELLING WITH RESPECT TO WHICH THE DEPUTY COMMISSIONER OR HIS OR HER
33 REPRESENTATIVE, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, HAS GIVEN
34 WRITTEN NOTICE AND DEMAND FOR THE DISCONTINUANCE OF A CONDITION CONDU-
35 CIVE TO LEAD POISONING SHALL NOT ABSOLVE, RELIEVE OR DISCHARGE ANY
36 PERSONS CHARGEABLE THEREWITH FROM THE OBLIGATION AND RESPONSIBILITY TO
37 DISCONTINUE SUCH CONDITION CONDUCIVE TO LEAD POISONING IN ACCORDANCE
38 WITH THE METHOD OF DISCONTINUANCE PRESCRIBED THEREFOR IN SUCH NOTICE AND
39 DEMAND.
40 S 1379. INJUNCTIVE RELIEF. 1. IF AN OWNER OF AN AFFECTED PROPERTY
41 FAILS TO COMPLY WITH THE REQUIREMENTS OF SECTION THIRTEEN HUNDRED SEVEN-
42 TY-SIX OF THIS TITLE, A PERSON AT RISK OR THE PARENT OR LEGAL GUARDIAN
43 OF A PERSON AT RISK OR OTHER INTERESTED PERSONS MAY SEEK INJUNCTIVE
44 RELIEF FROM A COURT OF COMPETENT JURISDICTION AGAINST THE OWNER OF THE
45 AFFECTED PROPERTY IN THE FORM OF A COURT ORDER TO COMPEL COMPLIANCE.
46 2. A COURT SHALL NOT GRANT THE INJUNCTIVE RELIEF REQUESTED PURSUANT TO
47 SUBDIVISION ONE OF THIS SECTION, UNLESS, AT LEAST THIRTY DAYS PRIOR TO
48 THE FILING REQUESTING THE INJUNCTION, THE OWNER OF THE AFFECTED PROPERTY
49 HAS RECEIVED WRITTEN NOTICE OF THE VIOLATION OF STANDARDS CONTAINED IN
50 SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THIS TITLE AND HAS FAILED TO
51 BRING THE AFFECTED PROPERTY INTO COMPLIANCE WITH THE APPLICABLE STAND-
52 ARDS. THIS NOTICE TO THE OWNER OF THE AFFECTED PROPERTY IS SATISFIED
53 WHEN ANY OF THE FOLLOWING HAS OCCURRED:
54 (A) A PERSON AT RISK, HIS OR HER PARENT OR LEGAL GUARDIAN, OR ATTOR-
55 NEY, HAS NOTIFIED THE OWNER OF AN AFFECTED PROPERTY THAT THE PROPERTY
A. 2087--A 22
1 FAILS TO MEET THE REQUIREMENTS FOR EITHER LEAD-CONTAINED PROPERTY STATUS
2 OR LEAD-STABILIZED PROPERTY STATUS;
3 (B) THE DEPUTY COMMISSIONER, THE COMMISSIONER OF HOUSING AND COMMUNITY
4 RENEWAL, OR THE DESIGNEE OF EITHER OF THESE SUCH OFFICIALS, A MUNICIPAL
5 OR OTHER LOCAL AUTHORITY WITH RESPONSIBILITY FOR ENFORCING ANY LOCAL
6 HOUSING CODE OR CODES, OR A LOCAL OR MUNICIPAL DEPARTMENT OF HEALTH HAS
7 NOTIFIED THE OWNER OF THE AFFECTED PROPERTY OF VIOLATIONS OF THE
8 PROVISIONS OF THIS TITLE OCCURRING WITHIN AN AFFECTED PROPERTY OR OF THE
9 FAILURE TO REGISTER AND FILE REPORTS AS REQUIRED BY THIS TITLE; OR
10 (C) A CRIMINAL OR CIVIL ACTION PURSUANT TO THIS TITLE HAS BEEN BROUGHT
11 BY EITHER STATE OR LOCAL ENFORCEMENT OFFICIALS TO ENFORCE THIS TITLE.
12 3. THE NOTICE REQUIREMENT OF SUBDIVISION TWO OF THIS SECTION SHALL NOT
13 APPLY WITH RESPECT TO APPLICATIONS FOR PRELIMINARY INJUNCTIVE RELIEF.
14 4. A PERSON WHO PREVAILS IN AN ACTION TO ENFORCE THE PROVISIONS OF
15 THIS TITLE IS ENTITLED TO AN AWARD OF THE COSTS OF THE LITIGATION AND TO
16 AN AWARD OF REASONABLE ATTORNEYS' FEES IN AN AMOUNT TO BE FIXED BY THE
17 COURT.
18 5. CASES BROUGHT BEFORE THE COURT UNDER THIS SECTION SHALL BE GRANTED
19 AN ACCELERATED HEARING.
20 6. THE LEGAL REMEDIES CREATED UNDER THIS SECTION SHALL BE IN ADDITION
21 TO ANY OTHER COMMON LAW OR STATUTORY REMEDIES, WHICH MAY BE PURSUED IN
22 THE SAME OR SEPARATE ACTION OR PROCEEDING.
23 S 1379-A. RETALIATORY EVICTIONS PROHIBITED. 1. AN OWNER OF AN
24 AFFECTED PROPERTY MAY NOT EVICT OR TAKE ANY OTHER RETALIATORY ACTION
25 AGAINST A PERSON AT RISK OR HIS OR HER PARENT OR LEGAL GUARDIAN IN
26 RESPONSE TO THE ACTIONS OF THE PERSON AT RISK, HIS OR HER PARENT OR
27 LEGAL GUARDIAN IN:
28 (A) PROVIDING INFORMATION TO THE OWNER OF THE AFFECTED PROPERTY, THE
29 DEPUTY COMMISSIONER, THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL,
30 OR THE DESIGNEE OF EITHER OF THESE OFFICIALS, A LOCAL OR MUNICIPAL
31 DEPARTMENT OF HEALTH, OR A MUNICIPAL OR OTHER LOCAL AUTHORITY WITH
32 RESPONSIBILITY FOR ENFORCING ANY LOCAL HOUSING CODE OR CODES CONCERNING
33 LEAD-BASED PAINT HAZARDS WITHIN AN AFFECTED PROPERTY OR ELEVATED BLOOD
34 LEAD LEVELS OF A PERSON AT RISK; OR
35 (B) ENFORCING ANY OF HIS OR HER RIGHTS UNDER THIS TITLE.
36 2. FOR PURPOSES OF THIS SECTION, A RETALIATORY ACTION INCLUDES ANY OF
37 THE FOLLOWING ACTIONS IN WHICH THE ACTIVITIES PROTECTED UNDER SUBDIVI-
38 SION ONE OF THIS SECTION ARE A MATERIAL FACTOR IN MOTIVATING SAID
39 ACTION:
40 (A) A REFUSAL TO RENEW A LEASE;
41 (B) TERMINATION OF A TENANCY;
42 (C) AN ARBITRARY RENT INCREASE OR DECREASE IN SERVICES TO WHICH THE
43 PERSON AT RISK OR HIS OR HER PARENT OR LEGAL GUARDIAN IS ENTITLED; OR
44 (D) ANY FORM OF CONSTRUCTIVE EVICTION.
45 3. A PERSON AT RISK OR HIS OR HER PARENT OR LEGAL GUARDIAN SUBJECT TO
46 AN EVICTION OR RETALIATORY ACTION UNDER THIS SECTION IS ENTITLED TO THE
47 RELIEF AS MAY BE PROVIDED BY STATUTE AND/OR ANY FURTHER RELIEF DEEMED
48 JUST AND EQUITABLE BY THE COURT, AND IS ELIGIBLE FOR REASONABLE ATTOR-
49 NEYS' FEES AND COSTS.
50 S 8. The real property law is amended by adding two new sections 236-a
51 and 242-a to read as follows:
52 S 236-A. DISCRIMINATION AGAINST PERSONS AND FAMILIES RECEIVING PUBLIC
53 ASSISTANCE OR GOVERNMENTAL HOUSING SUBSIDIES PROHIBITED. 1. ANY PERSON,
54 FIRM OR CORPORATION OWNING OR HAVING IN CHARGE ANY APARTMENT HOUSE,
55 TENEMENT HOUSE OR OTHER BUILDING OR MANUFACTURED HOME PARK USED FOR
56 DWELLING PURPOSES WHO SHALL REFUSE TO RENT ANY OR PART OF ANY SUCH
A. 2087--A 23
1 BUILDING OR MANUFACTURED HOME PARK TO ANY PERSON OR FAMILY, OR WHO
2 DISCRIMINATES IN THE TERMS, CONDITIONS, OR PRIVILEGES OF ANY SUCH
3 RENTAL, ON THE GROUND THAT SUCH PERSON OR FAMILY RECEIVES PUBLIC ASSIST-
4 ANCE OR ANY OTHER GOVERNMENT SUBSIDY FOR PAYMENT OF RENT SHALL BE GUILTY
5 OF A MISDEMEANOR AND ON CONVICTION THEREOF SHALL BE PUNISHED BY A FINE
6 OF NOT LESS THAN FIVE HUNDRED NOR MORE THAN ONE THOUSAND DOLLARS FOR
7 EACH OFFENSE.
8 2. (A) WHERE DISCRIMINATORY CONDUCT PROHIBITED BY THIS SECTION HAS
9 OCCURRED, AN AGGRIEVED INDIVIDUAL SHALL HAVE A CAUSE OF ACTION IN ANY
10 COURT OF COMPETENT JURISDICTION FOR DAMAGES, DECLARATORY AND INJUNCTIVE
11 RELIEF.
12 (B) IN ALL ACTIONS BROUGHT UNDER THIS SECTION, THE COURT SHALL ALLOW
13 THE PREVAILING PLAINTIFF REASONABLE ATTORNEY'S FEES AND, UPON A FINDING
14 THAT DEFENDANT'S DISCRIMINATORY CONDUCT WAS WILLFUL, AN ADDITIONAL
15 AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWO THOUSAND FIVE HUNDRED DOLLARS
16 SHALL BE AWARDED.
17 S 242-A. INSPECTION OF RESIDENTIAL REAL PROPERTY FOR LEAD-BASED PAINT
18 PRIOR TO TRANSFER. 1. (A) EFFECTIVE JANUARY FIRST, TWO THOUSAND ELEVEN,
19 THE TRANSFEROR OR GRANTOR OF ANY RESIDENTIAL REAL PROPERTY ERECTED PRIOR
20 TO THE YEAR NINETEEN HUNDRED SEVENTY, OR IN CITIES WITH A POPULATION OF
21 ONE MILLION OR MORE A DWELLING ERECTED PRIOR TO THE YEAR NINETEEN
22 HUNDRED SIXTY, SHALL PROVIDE TO THE TRANSFEREE OR GRANTEE A CERTIFICATE
23 THAT SUCH PROPERTY HAS BEEN TESTED FOR THE PRESENCE OF LEAD-BASED PAINT,
24 AS DEFINED IN SUBDIVISION TWENTY-SIX OF SECTION THIRTEEN HUNDRED SEVENTY
25 OF THE PUBLIC HEALTH LAW, AND A REPORT OF SUCH TEST INDICATING THE
26 LOCATIONS WHERE LEAD-BASED PAINT HAS BEEN DETECTED, IF ANY. SUCH TESTING
27 SHALL NOT BE VALID UNLESS PERFORMED BY A PERSON ACCREDITED PURSUANT TO
28 SECTION THIRTEEN HUNDRED SEVENTY-FIVE OF THE PUBLIC HEALTH LAW. A COPY
29 OF SUCH CERTIFICATE SHALL BE FILED WITH THE DEPARTMENT OF HEALTH.
30 (B) THE PRESENTATION OF A CERTIFICATE OF SUCH TESTING BY A PRIOR OWNER
31 OF SAID PROPERTY AND EVIDENCE OF FILING SUCH CERTIFICATE AND REPORT WITH
32 THE DEPARTMENT OF HEALTH SHALL BE DEEMED TO BE IN COMPLIANCE WITH THE
33 PROVISIONS OF THIS SUBDIVISION.
34 (C) IN THE EVENT THE TRANSFEROR OR GRANTOR HAS NOT RECEIVED FROM A
35 PRIOR OWNER A CERTIFICATION AND REPORT OF SUCH TESTS AS SET FORTH IN
36 THIS SUBDIVISION, THE COSTS OF TESTING FOR LEAD-BASED PAINT AND THE
37 PREPARATION OF A CERTIFICATE AND REPORT THEREOF AS PROVIDED IN THIS
38 SUBDIVISION SHALL BE DEDUCTIBLE BY THE TRANSFEROR OR GRANTOR, UP TO THE
39 AMOUNT OF FIVE HUNDRED DOLLARS, OR IN A BUILDING WITH MORE THAN ONE
40 DWELLING UNIT UP TO FOUR HUNDRED DOLLARS PER DWELLING UNIT TESTED, FROM
41 THE TAXES IMPOSED BY SECTIONS FOURTEEN HUNDRED TWO AND FOURTEEN HUNDRED
42 TWO-A OF THE TAX LAW.
43 2. ANY PROVISION IN A PURCHASE OFFER, CONTRACT OF SALE, LEASE, OFFER
44 TO LEASE, OR ANY OTHER DOCUMENT RELATED TO THE TRANSFER OF AN INTEREST
45 IN REAL PROPERTY THAT PURPORTS TO WAIVE ANY RIGHT CREATED UNDER STATE OR
46 FEDERAL LAW FOR THE PURCHASER, TENANT, OR TRANSFEREE TO CONDUCT A RISK
47 ASSESSMENT OR INSPECTION OF THE PROPERTY TO DETERMINE THE PRESENCE OF
48 LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, OR ANY ORAL AGREEMENT
49 THAT PURPORTS TO WAIVE SUCH RIGHT, IS NULL AND VOID AS AGAINST PUBLIC
50 POLICY, NOTWITHSTANDING THAT SUCH WAIVERS MIGHT OTHERWISE BE PERMITTED
51 BY FEDERAL LAW.
52 S 9. Section 210 of the tax law is amended by adding a new subdivision
53 41 to read as follows:
54 41. LEAD HAZARD REDUCTION TAX CREDIT. (A) TAX CREDIT FOR ACTIVITIES
55 RESULTING IN LEAD-FREE OR LEAD-CONTAINED STATUS. A TAXPAYER SHALL BE
56 ALLOWED A CREDIT AGAINST TAX IMPOSED BY THIS ARTICLE FOR ACTIVITIES
A. 2087--A 24
1 NECESSARY TO BRING ANY AFFECTED PROPERTY INTO LEAD-FREE OR LEAD-CON-
2 TAINED STATUS WITHIN THE MEANING OF SECTIONS THIRTEEN HUNDRED SEVENTY
3 AND THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW, PROVIDED THAT
4 THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF PARAGRAPH
5 (D) OF THIS SUBDIVISION.
6 (B) TAX CREDIT FOR MULTIPLE DWELLING UNITS LOCATED WITHIN MUNICI-
7 PALITIES OF MORE THAN ONE MILLION INHABITANTS. A TAXPAYER ALSO SHALL BE
8 ELIGIBLE FOR THE TAX CREDIT UNDER PARAGRAPH (A) OF THIS SUBDIVISION IF A
9 DWELLING UNIT THAT SATISFIES ALL THE REQUIREMENTS FOR AN AFFECTED PROP-
10 ERTY CONTAINED IN SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED SEVENTY OF
11 THE PUBLIC HEALTH LAW BUT SUCH DWELLING UNIT IS LOCATED IN A CITY WITH A
12 POPULATION OF ONE MILLION OR MORE. IN SUCH CASE, THE TAXPAYER MUST
13 COMPLY WITH EQUIVALENT STANDARDS IN LOCAL LAWS CONCERNING LEAD HAZARDS
14 THAT APPLY TO MULTIPLE DWELLINGS.
15 (C) TAX CREDITS FOR CERTAIN RENOVATIONS AS PART OF ACHIEVING LEAD-STA-
16 BILIZED STATUS. A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST TAX IMPOSED
17 BY THIS ARTICLE FOR THE COSTS OF CERTAIN ACTIVITIES NECESSARY TO BRING
18 ANY AFFECTED PROPERTY INTO LEAD-STABILIZED STATUS WITHIN THE MEANING OF
19 SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW, PROVIDED
20 THAT THE EXPECTED USEFUL LIFE OF SUCH RENOVATIONS IS TEN YEARS OR MORE
21 AND THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF PARA-
22 GRAPH (D) OF THIS SUBDIVISION. THE DEPUTY COMMISSIONER OF HEALTH SHALL
23 PROMULGATE REGULATIONS DEFINING THOSE ACTIVITIES NECESSARY TO ACHIEVE
24 LEAD-STABILIZED STATUS WITH AN EXPECTED USEFUL LIFE OF MORE THAN TEN
25 YEARS. TAXPAYERS WHO HAVE COMPLETED RENOVATIONS OF HABITABLE DWELLING
26 UNITS CONTAINED IN MULTIPLE DWELLINGS, AS DEFINED IN SECTION FOUR OF THE
27 MULTIPLE DWELLING LAW IN A CITY OF MORE THAN ONE MILLION POPULATION ALSO
28 SHALL BE ALLOWED A CREDIT UNDER THIS SUBDIVISION PROVIDED THAT THE
29 TAXPAYER COMPLIES WITH SIMILAR STANDARDS IN LOCAL LAWS CONCERNING LEAD
30 HAZARDS THAT APPLY TO MULTIPLE DWELLINGS.
31 (D) DOCUMENTATION REQUIRED FOR CREDIT ALLOWANCE. NO CREDIT SHALL BE
32 ALLOWED UNDER PARAGRAPH (A), (B), OR (C) OF THIS SUBDIVISION UNLESS THE
33 TAXPAYER PROVIDES DOCUMENTATION TO THE DEPUTY COMMISSIONER OF HEALTH
34 THAT:
35 (1) THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN PERFORMED BY A CONTRACTOR
36 ACCREDITED PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-FIVE OF THE
37 PUBLIC HEALTH LAW;
38 (2) THE AFFECTED PROPERTY WAS CONSTRUCTED PRIOR TO NINETEEN HUNDRED
39 SEVENTY;
40 (3) THE TAXPAYER HAS PAID FOR THE ACTIVITIES DESCRIBED ABOVE; AND
41 (4) INCLUDES A WRITTEN CERTIFICATION OBTAINED BY THE TAXPAYER FROM AN
42 INSPECTOR, ACCREDITED PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-FIVE
43 OF THE PUBLIC HEALTH LAW, THAT THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN
44 COMPLETED IN ACCORDANCE WITH ALL APPLICABLE REQUIREMENTS AND THAT
45 EITHER:
46 (A) WHERE APPLICABLE, THE AFFECTED PROPERTY OR PROPERTY UNIT CAN NOW
47 BE CERTIFIED AS EITHER LEAD-FREE OR LEAD-CONTAINED UNDER SECTION THIR-
48 TEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW; OR
49 (B) WHERE APPLICABLE, THE AFFECTED PROPERTY HAS UNDERGONE RENOVATIONS
50 THAT SATISFY THE REQUIREMENTS ESTABLISHED BY REGULATION BY THE DEPUTY
51 COMMISSIONER OF HEALTH AS ACTIVITIES NECESSARY TO ACHIEVE LEAD-STABI-
52 LIZED STATUS WITH AN EXPECTED USEFUL LIFE OF MORE THAN TEN YEARS.
53 (E) AMOUNT OF CREDIT. THE TAX CREDIT SHALL BE EQUAL TO THE AMOUNT
54 ACTUALLY PAID FOR THE ACTIVITIES DESCRIBED IN THIS SUBDIVISION UP TO A
55 MAXIMUM OF THREE THOUSAND DOLLARS PER AFFECTED PROPERTY FOR A CREDIT
56 ALLOWED UNDER EITHER PARAGRAPH (A) OR (B) OF THIS SUBDIVISION OR A MAXI-
A. 2087--A 25
1 MUM OF ONE THOUSAND FIVE HUNDRED DOLLARS FOR A CREDIT ALLOWED UNDER
2 PARAGRAPH (C) OF THIS SUBDIVISION.
3 (F) CARRY-OVER OF CREDIT. ANY AMOUNT OF TAX CREDIT NOT USED IN THE
4 TAXABLE YEAR OF CERTIFICATION MAY BE CARRIED FORWARD AND APPLIED TO THE
5 CORPORATION'S TAX LIABILITY FOR ANY ONE OR MORE OF THE SUCCEEDING FIVE
6 TAXABLE YEARS. THE CREDIT MAY NOT BE APPLIED UNTIL ALL OTHER CREDITS
7 AVAILABLE TO THE TAXPAYER FOR THAT TAXABLE YEAR HAVE BEEN APPLIED.
8 S 10. Section 606 of the tax law is amended by adding a new subsection
9 (qq) to read as follows:
10 (QQ) LEAD-HAZARD REDUCTION IN HOUSING TAX CREDIT. (1) ALLOWANCE OF
11 CREDIT FOR ACTIVITIES RESULTING IN LEAD-FREE OR LEAD-CONTAINED STATUS. A
12 TAXPAYER SHALL BE ALLOWED A CREDIT AS PROVIDED IN THIS SUBSECTION FOR
13 ACTIVITIES NECESSARY TO BRING ANY AFFECTED PROPERTY INTO LEAD-FREE OR
14 LEAD-CONTAINED STATUS WITHIN THE MEANING OF SECTIONS THIRTEEN HUNDRED
15 SEVENTY AND THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW,
16 PROVIDED THAT THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS
17 OF PARAGRAPH FOUR OF THIS SUBSECTION.
18 (2) TAX CREDIT FOR MULTIPLE DWELLING UNITS LOCATED WITHIN MUNICI-
19 PALITIES OF MORE THAN ONE MILLION INHABITANTS. A TAXPAYER ALSO SHALL BE
20 ELIGIBLE FOR THE TAX CREDIT UNDER PARAGRAPH ONE OF THIS SUBSECTION IF A
21 DWELLING UNIT THAT SATISFIES ALL THE REQUIREMENTS FOR AN AFFECTED PROP-
22 ERTY CONTAINED IN SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED SEVENTY OF
23 THE PUBLIC HEALTH LAW BUT SUCH DWELLING UNIT IS LOCATED IN A CITY WITH A
24 POPULATION OF ONE MILLION OR MORE. IN SUCH CASE, THE TAXPAYER MUST
25 COMPLY WITH EQUIVALENT STANDARDS IN LOCAL LAWS CONCERNING LEAD HAZARDS
26 THAT APPLY TO MULTIPLE DWELLINGS.
27 (3) TAX CREDITS FOR CERTAIN RENOVATIONS AS PART OF ACHIEVING LEAD-STA-
28 BILIZED STATUS. A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST TAX IMPOSED
29 BY THIS ARTICLE FOR THE COSTS OF CERTAIN ACTIVITIES NECESSARY TO BRING
30 ANY AFFECTED PROPERTY INTO LEAD-STABILIZED STATUS WITHIN THE MEANING OF
31 SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW, PROVIDED
32 THAT THE EXPECTED USEFUL LIFE OF SUCH RENOVATIONS IS TEN YEARS OR MORE
33 AND THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF PARA-
34 GRAPH FOUR OF THIS SUBSECTION. THE DEPUTY COMMISSIONER OF HEALTH SHALL
35 PROMULGATE REGULATIONS DEFINING THOSE ACTIVITIES NECESSARY TO ACHIEVE
36 LEAD-STABILIZED STATUS WITH AN EXPECTED USEFUL LIFE OF MORE THAN TEN
37 YEARS. TAXPAYERS WHO HAVE COMPLETED RENOVATIONS OF HABITABLE DWELLING
38 UNITS CONTAINED IN MULTIPLE DWELLINGS, AS DEFINED IN SECTION FOUR OF THE
39 MULTIPLE DWELLING LAW IN A CITY OF MORE THAN ONE MILLION POPULATION ALSO
40 SHALL BE ALLOWED A CREDIT UNDER THIS PARAGRAPH PROVIDED THAT THE TAXPAY-
41 ER COMPLIES WITH SIMILAR STANDARDS IN LOCAL LAWS CONCERNING LEAD HAZARDS
42 THAT APPLY TO MULTIPLE DWELLINGS.
43 (4) DOCUMENTATION REQUIRED FOR CREDIT ALLOWANCE. NO CREDIT SHALL BE
44 ALLOWED UNDER PARAGRAPH ONE, TWO OR THREE OF THIS SUBSECTION UNLESS THE
45 TAXPAYER PROVIDES DOCUMENTATION TO THE DEPUTY COMMISSIONER OF HEALTH
46 THAT:
47 (A) THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN PERFORMED BY A CONTRACTOR
48 ACCREDITED PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-FIVE OF THE
49 PUBLIC HEALTH LAW;
50 (B) THE AFFECTED PROPERTY WAS CONSTRUCTED PRIOR TO NINETEEN HUNDRED
51 SEVENTY;
52 (C) THE TAXPAYER HAS PAID FOR THE ACTIVITIES DESCRIBED ABOVE; AND
53 (D) INCLUDES A WRITTEN CERTIFICATION OBTAINED BY THE TAXPAYER FROM AN
54 INSPECTOR, ACCREDITED PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-FIVE
55 OF THE PUBLIC HEALTH LAW, THAT THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN
A. 2087--A 26
1 COMPLETED IN ACCORDANCE WITH ALL APPLICABLE REQUIREMENTS AND THAT
2 EITHER:
3 (I) WHERE APPLICABLE, THE AFFECTED PROPERTY CAN NOW BE CERTIFIED AS
4 EITHER LEAD-FREE OR LEAD-CONTAINED UNDER SECTION THIRTEEN HUNDRED SEVEN-
5 TY-SIX OF THE PUBLIC HEALTH LAW; OR
6 (II) WHERE APPLICABLE, THE AFFECTED PROPERTY HAS UNDERGONE RENOVATIONS
7 THAT SATISFY THE REQUIREMENTS ESTABLISHED BY REGULATION BY THE DEPUTY
8 COMMISSIONER OF HEALTH AS ACTIVITIES NECESSARY TO ACHIEVE LEAD-STABI-
9 LIZED STATUS WITH AN EXPECTED USEFUL LIFE OF MORE THAN TEN YEARS.
10 (5) THE TAX CREDIT PURSUANT TO THIS SUBSECTION SHALL BE AVAILABLE TO
11 SOMEONE WHO OWNS AND OCCUPIES HIS OR HER OWN DWELLING UNIT IN THE SAME
12 MANNER AND TO THE SAME EXTENT AS IT IS AVAILABLE TO THE OWNER OF AN
13 AFFECTED PROPERTY WHO LEASES THE PREMISES.
14 (6) AMOUNT OF CREDIT. THE TAX CREDIT SHALL BE EQUAL TO THE AMOUNT
15 ACTUALLY PAID FOR THE ACTIVITIES DESCRIBED IN THIS SUBSECTION UP TO A
16 MAXIMUM OF THREE THOUSAND DOLLARS PER AFFECTED PROPERTY FOR A CREDIT
17 ALLOWED UNDER EITHER PARAGRAPH ONE OR TWO OF THIS SUBSECTION OR A MAXI-
18 MUM OF ONE THOUSAND FIVE HUNDRED DOLLARS FOR A CREDIT ALLOWED UNDER
19 PARAGRAPH THREE OF THIS SUBSECTION.
20 (7) APPLICATION OF CREDIT. ANY AMOUNT OF TAX CREDIT NOT USED IN THE
21 TAXABLE YEAR OF CERTIFICATION MAY BE CARRIED FORWARD AND APPLIED TO THE
22 INDIVIDUAL'S TAX LIABILITY FOR ANY ONE OR MORE OF THE SUCCEEDING FIVE
23 TAXABLE YEARS. THE CREDIT MAY NOT BE APPLIED UNTIL ALL OTHER CREDITS
24 AVAILABLE TO THE TAXPAYER FOR THAT TAXABLE YEAR HAVE BEEN APPLIED.
25 S 11. The state finance law is amended by adding a new section 99-r to
26 read as follows:
27 S 99-R. RESIDENTIAL PROPERTY LEAD-BASED PAINT HAZARD ABATEMENT REVOLV-
28 ING LOAN FUND. 1. THERE IS CREATED, AS A SEPARATE FUND WITHIN THE
29 GENERAL FUND, A FUND TO BE KNOWN AS THE RESIDENTIAL PROPERTY LEAD-BASED
30 PAINT HAZARD ABATEMENT REVOLVING LOAN FUND. SUCH FUND SHALL CONSIST OF
31 PROCEEDS RECEIVED FROM THE SALE OF BONDS PURSUANT TO SUBDIVISION TWO OF
32 THIS SECTION, AND ANY SUMS THAT THE STATE MAY FROM TIME TO TIME DEEM
33 APPROPRIATE, AS WELL AS DONATIONS, GIFTS, BEQUESTS, OR OTHERWISE FROM
34 ANY PUBLIC OR PRIVATE SOURCE, WHICH MONEY IS INTENDED TO ASSIST OWNERS
35 OF RESIDENTIAL PROPERTIES IN MEETING THE STANDARDS FOR EITHER LEAD-FREE
36 OR LEAD-CONTAINED CERTIFICATION PURSUANT TO SECTION THIRTEEN HUNDRED
37 SEVENTY-SIX OF THE PUBLIC HEALTH LAW, OR, FOR MULTIPLE DWELLINGS IN
38 CITIES OF ONE MILLION POPULATION OR MORE, COMPLIANCE WITH LOCAL LAWS
39 CONCERNING THE CONTROL OF LEAD-BASED PAINT HAZARDS IN SUCH MULTIPLE
40 DWELLINGS.
41 2. THE STATE SHALL ISSUE BONDS IN AN AMOUNT SPECIFIED FOR THE PURPOSE
42 OF FUNDING THE RESIDENTIAL PROPERTY LEAD ABATEMENT REVOLVING LOAN FUND.
43 (A) ANY BONDS ISSUED OR TO BE ISSUED PURSUANT TO THIS SUBDIVISION
44 SHALL BE SUBJECT TO ALL THE REQUIREMENTS AND CONDITIONS ESTABLISHED BY
45 THE STATE FOR THE SALE OF BONDS.
46 (B) THE INTEREST RATE AND OTHER TERMS UPON WHICH BONDS ARE ISSUED
47 PURSUANT TO THIS SUBDIVISION SHALL NOT CREATE A PROSPECTIVE OBLIGATION
48 OF THE STATE OF NEW YORK IN EXCESS OF THE AMOUNT OF REVENUES THAT CAN
49 REASONABLY BE EXPECTED FROM THE LOAN REPAYMENTS, INTEREST ON SUCH LOANS,
50 AND FEES THAT THE STATE OF NEW YORK CAN REASONABLY EXPECT TO CHARGE
51 UNDER THE PROVISIONS OF TITLE TEN OF ARTICLE THIRTEEN OF THE PUBLIC
52 HEALTH LAW.
53 (C) ALL MONEY RECEIVED FROM THE SALE OF BONDS SHALL BE DEPOSITED INTO
54 THE RESIDENTIAL PROPERTY LEAD ABATEMENT REVOLVING LOAN FUND.
55 3. THE COMPTROLLER SHALL CONTRACT FOR THE ADMINISTRATION AND DISBURSE-
56 MENT OF FUNDING. THE DEPUTY COMMISSIONER OF HEALTH SHALL ADOPT RULES AND
A. 2087--A 27
1 REGULATIONS WHICH PROVIDE FOR THE ORDERLY AND EQUITABLE DISBURSEMENT AND
2 REPAYMENT OF FUNDS.
3 4. FUNDS PLACED IN THE RESIDENTIAL PROPERTY LEAD-BASED PAINT HAZARD
4 ABATEMENT REVOLVING LOAN FUND SHALL BE MADE AVAILABLE, AT THE DISCRETION
5 OF THE DEPUTY COMMISSIONER OF HEALTH, TO THE OWNERS OF AFFECTED PROPER-
6 TIES INCLUDING THOSE LOCATED WITHIN MUNICIPALITIES OF MORE THAN ONE
7 MILLION INHABITANTS, AND TO NON-PROFIT ORGANIZATIONS FOR THE PURPOSE OF
8 BRINGING AFFECTED PROPERTIES INTO COMPLIANCE WITH THE STANDARDS FOR
9 LEAD-FREE, LEAD-CONTAINED, OR LEAD-STABILIZED PROPERTY STATUS AS SPECI-
10 FIED BY SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW,
11 OR, FOR MULTIPLE DWELLINGS IN CITIES WITH A POPULATION OF ONE MILLION OR
12 MORE, COMPLIANCE WITH LOCAL LAWS CONCERNING THE CONTROL OF LEAD-BASED
13 PAINT HAZARDS IN SUCH MULTIPLE DWELLINGS. AN OWNER OF A PRE-NINETEEN
14 HUNDRED SEVENTY PROPERTY WHO OWNS AND OCCUPIES THE DWELLING UNIT SHALL
15 BE ELIGIBLE FOR LOANS UNDER THIS SECTION IN THE SAME MANNER, AND TO THE
16 SAME EXTENT, AS AN OWNER OF AN AFFECTED PROPERTY.
17 5. LOANS MADE AVAILABLE UNDER THE PROVISIONS OF THIS SECTION MAY BE
18 MADE DIRECTLY, OR IN COOPERATION WITH OTHER PUBLIC AND PRIVATE LENDERS,
19 OR ANY AGENCY, DEPARTMENT, OR BUREAU OF THE FEDERAL GOVERNMENT OR THE
20 STATE.
21 6. THE PROCEEDS FROM THE REPAYMENT OF ANY LOANS MADE FOR THAT PURPOSE
22 SHALL BE DEPOSITED IN AND RETURNED TO THE RESIDENTIAL PROPERTY LEAD
23 ABATEMENT REVOLVING LOAN FUND TO CONSTITUTE A CONTINUING REVOLVING FUND
24 FOR THE PURPOSES PROVIDED IN THIS SECTION.
25 7. THE DEPUTY COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL TAKE
26 ANY ACTION NECESSARY TO OBTAIN FEDERAL ASSISTANCE FOR LEAD HAZARD
27 REDUCTION TO BE USED IN CONJUNCTION WITH THE RESIDENTIAL PROPERTY LEAD
28 ABATEMENT REVOLVING LOAN FUND.
29 S 12. Paragraph a of subdivision 2 of section 302-a of the multiple
30 dwelling law, as added by chapter 911 of the laws of 1965, is amended to
31 read as follows:
32 a. A "rent impairing" violation within the meaning of this section
33 shall designate a condition in a multiple dwelling which, in the opinion
34 of the department, constitutes, or if not promptly corrected, will
35 constitute, a fire hazard, A LEAD-BASED PAINT HAZARD WITHIN THE MEANING
36 OF SUBDIVISION TWENTY-SEVEN OF SECTION THIRTEEN HUNDRED SEVENTY OF THE
37 PUBLIC HEALTH LAW, or a serious threat to the life, health or safety of
38 occupants thereof.
39 S 13. Paragraph a of subdivision 2 of section 305-a of the multiple
40 residence law, as added by chapter 291 of the laws of 1966, is amended
41 to read as follows:
42 a. A "rent impairing" violation within the meaning of this section
43 shall designate a condition in a multiple dwelling which, in the opinion
44 of the state building code council, constitutes, or if not promptly
45 corrected, will constitute, a fire hazard, A LEAD-BASED PAINT HAZARD
46 WITHIN THE MEANING OF SUBDIVISION TWENTY-SEVEN OF SECTION THIRTEEN
47 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW, or a serious threat to the
48 life, health or safety of occupants thereof.
49 S 14. The social services law is amended by adding a new section 131-y
50 to read as follows:
51 S 131-Y. SUPPLEMENTAL SHELTER ALLOWANCE. EVERY PUBLIC WELFARE OFFICIAL
52 SHALL PAY, IN ADDITION TO THE SHELTER ALLOWANCE COMPONENTS ESTABLISHED
53 BY THE DEPARTMENT PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE-A OF THIS
54 TITLE, A SUPPLEMENTAL SHELTER ALLOWANCE FOR UNITS FOR WHICH THE OWNER
55 HAS SUBMITTED DOCUMENTATION CERTIFYING THAT THE DWELLING UNIT IS IN
56 COMPLIANCE WITH SUBDIVISION SEVEN OF SECTION ONE HUNDRED FORTY-THREE-B
A. 2087--A 28
1 OF THIS TITLE. THIS MONTHLY LEAD-SAFE HOUSING SUPPLEMENT SHALL BE IN THE
2 AMOUNT OF FIFTY DOLLARS FOR EFFICIENCY OR ONE-BEDROOM UNITS; ONE HUNDRED
3 DOLLARS FOR TWO-BEDROOM UNITS; ONE HUNDRED FIFTY DOLLARS FOR THREE-BED-
4 ROOM UNITS; AND TWO HUNDRED DOLLARS FOR UNITS WITH FOUR OR MORE
5 BEDROOMS; OR SUCH HIGHER AMOUNTS AS THE DEPARTMENT MAY ESTABLISH BY
6 REGULATION AS APPROPRIATE TO INDUCE LANDLORDS IN HIGH RISK LEAD-PAINT
7 POISONING AREAS TO VOLUNTARILY REMOVE LEAD-PAINT HAZARDS FROM THEIR
8 UNITS USING LEAD SAFE WORK PRACTICES. THIS SUPPLEMENTAL SHELTER ALLOW-
9 ANCE FOR LEAD-SAFE HOUSING SHALL BE PAID FOR A PERIOD OF TWELVE MONTHS
10 FOLLOWING THE SUBMISSION OF THE MOST RECENT CERTIFICATION OF COMPLIANCE
11 AND SHALL BE RENEWED FOR SUBSEQUENT TWELVE MONTH PERIODS UPON THE
12 SUBMISSION OF FURTHER CERTIFICATIONS OF COMPLIANCE BASED UPON MORE
13 RECENT INSPECTIONS.
14 S 15. Subdivision 2 of section 143-b of the social services law, as
15 added by chapter 997 of the laws of 1962, is amended and a new subdivi-
16 sion 7 is added to read as follows:
17 2. Every public welfare official shall have power to and [may] SHALL
18 withhold the payment of any such rent in any case where he has knowledge
19 that there exists or there is outstanding any violation of law in
20 respect to the building containing the housing accommodations occupied
21 by the person entitled to such assistance which is dangerous, hazardous
22 or detrimental to life or health. A report of each such violation shall
23 be made to the appropriate public welfare department by the appropriate
24 department or agency having jurisdiction over violations.
25 7. NO STATE OR LOCAL AGENCY SHALL ARRANGE TO PLACE A FAMILY CONSISTING
26 OF A PERSON OR PERSONS UNDER SEVEN YEARS OF AGE OR A KNOWN PREGNANT
27 WOMAN IN ANY DWELLING UNIT CONSTRUCTED PRIOR TO NINETEEN HUNDRED SEVEN-
28 TY, OR, IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, ANY DWELLING
29 UNIT CONSTRUCTED PRIOR TO NINETEEN HUNDRED SIXTY, FOR WHICH RENT IS PAID
30 IN ANY PART WITH STATE FUNDS UNLESS SUCH DWELLING UNIT HAS BEEN FIRST
31 INSPECTED BY A PERSON ACCREDITED PURSUANT TO SECTION THIRTEEN HUNDRED
32 SEVENTY-FIVE OF THE PUBLIC HEALTH LAW, AND DETERMINED TO BE FREE OF
33 LEAD-BASED HAZARDS, AS DEFINED BY SUBDIVISION TWENTY-SEVEN OF SECTION
34 THIRTEEN HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW, AND UNLESS SUCH AGEN-
35 CY HAS FIRST OBTAINED APPROPRIATE DOCUMENTATION ACCEPTABLE TO THE
36 COMMISSIONER THAT SUCH DWELLING UNIT IS IN COMPLIANCE WITH THE REQUIRE-
37 MENTS OF SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW,
38 OR, FOR MULTIPLE DWELLINGS IN CITIES WITH A POPULATION OF ONE MILLION OR
39 MORE, IN COMPLIANCE WITH LOCAL LAWS CONCERNING THE CONTROL OF LEAD-BASED
40 PAINT HAZARDS IN SUCH MULTIPLE DWELLINGS. A WRITTEN REPORT SHALL BE
41 PREPARED OF ANY INSPECTION PERFORMED PURSUANT TO THIS SUBDIVISION AND
42 SHALL BE PROVIDED TO THE FAMILY.
43 S 16. Section 390-a of the social services law is amended by adding a
44 new subdivision 5 to read as follows:
45 5. NO LICENSE OR REGISTRATION SHALL BE ISSUED TO A CHILD DAY CARE
46 CENTER, A FAMILY DAY CARE HOME, OR A GROUP FAMILY DAY CARE HOME AND NO
47 SUCH REGISTRATION SHALL BE RENEWED UNTIL IT CAN BE DEMONSTRATED THAT
48 THOSE PORTIONS OF THE FACILITY IN WHICH SUCH CHILD DAY CARE CENTER,
49 FAMILY DAY CARE HOME, OR GROUP FAMILY DAY CARE HOME IS LOCATED AND THOSE
50 PORTIONS OF SUCH FACILITY THAT ARE READILY ACCESSIBLE TO CHILDREN IN
51 SUCH CHILD DAY CARE CENTER, FAMILY DAY CARE HOME, OR GROUP FAMILY DAY
52 CARE HOME, MEET THE STANDARDS FOR LEAD-FREE PROPERTY STATUS, LEAD-CON-
53 TAINED PROPERTY STATUS, OR LEAD-STABILIZED PROPERTY STATUS SET FORTH IN
54 SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW, OR, FOR
55 MULTIPLE DWELLINGS IN CITIES WITH A POPULATION OF ONE MILLION OR MORE,
A. 2087--A 29
1 WITH ALL LOCAL LAWS CONCERNING THE CONTROL OF LEAD-BASED PAINT HAZARDS
2 THAT APPLY TO MULTIPLE DWELLING UNITS WHERE CHILDREN RESIDE.
3 S 17. The insurance law is amended by adding a new section 3453 to
4 read as follows:
5 S 3453. INSURANCE COVERAGE FOR LEAD POISONING. (A) FOR THE PURPOSE OF
6 THIS SECTION, THE TERM "AFFECTED PROPERTY" SHALL MEAN A ROOM OR GROUP OF
7 ROOMS WITHIN A PROPERTY CONSTRUCTED BEFORE NINETEEN HUNDRED SEVENTY, OR
8 CONSTRUCTED BEFORE NINETEEN HUNDRED SIXTY IN CITIES WITH A POPULATION OF
9 ONE MILLION OR MORE, THAT FORM A SINGLE INDEPENDENT HABITABLE DWELLING
10 UNIT FOR OCCUPATION BY ONE OR MORE INDIVIDUALS THAT HAS LIVING FACILI-
11 TIES WITH PERMANENT PROVISIONS FOR LIVING, SLEEPING, EATING, COOKING,
12 AND SANITATION. "AFFECTED PROPERTY" SHALL NOT INCLUDE:
13 (1) AN AREA NOT USED FOR LIVING, SLEEPING, EATING, COOKING, OR SANITA-
14 TION, SUCH AS AN UNFINISHED BASEMENT, THAT IS NOT READILY ACCESSIBLE TO
15 CHILDREN UNDER SEVEN YEARS OF AGE;
16 (2) A UNIT WITHIN A HOTEL, MOTEL, OR SIMILAR SEASONAL OR TRANSIENT
17 FACILITY UNLESS SUCH UNIT IS OCCUPIED BY ONE OR MORE PERSONS AT RISK
18 FOR A PERIOD EXCEEDING THIRTY DAYS;
19 (3) AN AREA WHICH IS SECURED AND INACCESSIBLE TO OCCUPANTS;
20 (4) HOUSING FOR THE ELDERLY, OR A RESIDENTIAL PROPERTY DESIGNATED
21 EXCLUSIVELY FOR PERSONS WITH DISABILITIES; EXCEPT THIS EXEMPTION SHALL
22 NOT APPLY IF A PERSON AT RISK RESIDES OR IS EXPECTED TO RESIDE IN THE
23 DWELLING UNIT OR VISITS THE DWELLING UNIT ON A REGULAR BASIS; OR
24 (5) AN UNOCCUPIED DWELLING UNIT OR RESIDENTIAL PROPERTY THAT IS TO BE
25 DEMOLISHED, PROVIDED THE DWELLING UNIT OR PROPERTY WILL REMAIN UNOCCU-
26 PIED UNTIL DEMOLITION.
27 FOR THE PURPOSE OF THIS SECTION, THE TERM "AFFECTED PROPERTY" SHALL
28 NOT MEAN ANY PROPERTY OWNED OR OPERATED BY A UNIT OF FEDERAL, STATE, OR
29 LOCAL GOVERNMENT, OR ANY PUBLIC, QUASI-PUBLIC, OR MUNICIPAL CORPORATION,
30 BUT DOES INCLUDE PRIVATELY-OWNED PROPERTIES THAT RECEIVE GOVERNMENTAL
31 RENTAL ASSISTANCE.
32 (B) AFTER FOURTEEN MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS
33 SECTION, NO INSURER LICENSED OR PERMITTED BY THE DEPARTMENT TO PROVIDE
34 LIABILITY COVERAGE TO RENTAL PROPERTY OWNERS SHALL EXCLUDE, EXCEPT AS
35 OTHERWISE PROVIDED BY THIS SECTION, AN AFFECTED PROPERTY COVERED UNDER A
36 POLICY COVERAGE FOR LOSSES OR DAMAGES CAUSED BY EXPOSURE TO LEAD-BASED
37 PAINT. THE DEPARTMENT SHALL NOT PERMIT, AUTHORIZE OR APPROVE ANY EXCLU-
38 SION FOR INJURY OR DAMAGE RESULTING FROM EXPOSURE TO LEAD-BASED PAINT,
39 EXCEPT AS SPECIFICALLY PROVIDED FOR IN LAW, THAT WAS NOT IN EFFECT AS OF
40 THE EFFECTIVE DATE OF THIS SECTION, AND ALL PREVIOUSLY APPROVED EXCLU-
41 SIONS SHALL TERMINATE ON OR BEFORE FOURTEEN MONTHS FOLLOWING THE EFFEC-
42 TIVE DATE OF THIS SECTION.
43 (C) ALL INSURERS ISSUING LIABILITY INSURANCE POLICIES, INCLUDING
44 COMMERCIAL LINES INSURANCE POLICIES, PERSONAL LINES INSURANCE POLICIES,
45 AND/OR ANY OTHER POLICIES, COVERING AFFECTED PROPERTIES SHALL OFFER
46 COVERAGE FOR BODILY INJURY CAUSED BY EXPOSURE TO LEAD-BASED PAINT.
47 (D) RATES FOR THE COVERAGE SPECIFIED IN SUBSECTION (C) OF THIS SECTION
48 SHALL BE APPROVED BY THE SUPERINTENDENT USING THE FOLLOWING STANDARDS:
49 (1) SUCH RATES MUST NOT BE EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRI-
50 MINATORY; AND
51 (2) IN ESTABLISHING SUCH RATES, CONSIDERATION WILL BE GIVEN TO:
52 (A) PAST AND PROSPECTIVE LOSS EXPERIENCE;
53 (B) A REASONABLE MARGIN FOR PROFITS AND CONTINGENCIES;
54 (C) PAST AND PROSPECTIVE EXPENSES;
55 (D) SUCH OTHER DATA AS THE DEPARTMENT MAY DEEM NECESSARY;
A. 2087--A 30
1 (E) THE PAST HISTORY OF THE OWNER WITH REGARD TO LEAD POISONING OR ANY
2 OTHER LIABILITY OR VIOLATIONS OF ORDINANCES OR STATUTES RELATING TO THE
3 AFFECTED PROPERTY OR SIMILAR PROPERTIES REASONABLY BELIEVED BY THE
4 INSURER TO BE RELEVANT; AND
5 (F) COMPLIANCE WITH THE REQUIREMENTS OF EITHER SECTION THIRTEEN
6 HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW OR, FOR MULTIPLE DWELLINGS
7 IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, WITH ALL LOCAL LAWS
8 CONCERNING THE CONTROL OF LEAD-BASED PAINT HAZARDS IN SUCH MULTIPLE
9 DWELLINGS.
10 (E) THE DEPARTMENT SHALL DETERMINE WITHIN TWO YEARS FOLLOWING THE
11 EFFECTIVE DATE OF THIS SECTION THE AVAILABILITY IN THE STATE OF LIABIL-
12 ITY PERSONAL INJURY/BODILY INJURY COVERAGE DESCRIBED IN SUBSECTION (B)
13 OF THIS SECTION, AND MAY IF SUCH COVERAGE IS NOT GENERALLY AVAILABLE,
14 ESTABLISH A MARKET ASSISTANCE PLAN OR TAKE OTHER MEASURES TO ASSURE THE
15 AVAILABILITY OF SUCH COVERAGE THAT OFFERS A LIABILITY LIMIT WHICH IS AT
16 LEAST THREE HUNDRED THOUSAND DOLLARS OR SHALL REQUIRE THAT SUCH COVERAGE
17 BE MADE AVAILABLE THROUGH A JOINT UNDERWRITING PLAN.
18 (F) AN OWNER MAY NOT ASSIGN LIABILITY NOR REQUIRE A TENANT TO LIMIT OR
19 WAIVE LIABILITY AND ANY SUCH LIMIT OR WAIVER SHALL BE VOID AS CONTRARY
20 TO THE PUBLIC POLICY OF NEW YORK STATE.
21 (G) THE SUPERINTENDENT SHALL, WITHIN TWELVE MONTHS AFTER THE EFFECTIVE
22 DATE OF THIS SECTION:
23 (1) ADOPT RULES FOR AND ISSUE AN ADVISORY BULLETIN TO ALL STATE
24 LICENSED, ADMITTED INSURERS PROVIDING LIABILITY COVERAGE FOR PROPERTY
25 OWNERS REGARDING THEIR RESPONSIBILITIES UNDER THIS SECTION; AND
26 (2) ADOPT RULES FOR AND ISSUE AN ADVISORY BULLETIN TO ALL STATE
27 LICENSED INSURANCE AGENTS AND BROKERS OUTLINING THE PROVISIONS OF THIS
28 SECTION AND THE NEW REQUIREMENTS FOR STATE LICENSED, ADMITTED INSURERS.
29 S 18. This act shall take effect immediately.
