Bill Text: NY A10190 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the childhood lead poisoning prevention and safe housing act 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 1-0)
Status: (Introduced - Dead) 2018-03-22 - referred to health [A10190 Detail]
Download: New_York-2017-A10190-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10190 IN ASSEMBLY March 22, 2018 ___________ Introduced by M. of A. BICHOTTE -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, the real property law, the tax law, the state finance law, the social services law, the insurance law, the multiple dwelling law and the multiple residence law, in relation to enacting the "childhood lead poisoning prevention and safe housing act of 2018"; 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 2018". 3 § 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 16 there is no level of lead ingestion which is without adverse impact. 17 Medical research also indicates that fetal injuries from lead paint can 18 occur if women have elevated blood levels during pregnancy. Because of 19 this, intervention measures that wait until children have been exposed 20 have limited benefits, and the pursuit of primary prevention, which 21 means eliminating lead hazards before children are exposed, has been 22 recommended by the United States centers for disease control and 23 prevention and promoted by leading experts in the field as a critical 24 course of action to protect the health of young children. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08197-03-8A. 10190 2 1 (c) The predominant cause of lead poisoning in children is the inges- 2 tion of lead particles from deteriorating or abraded lead-based paint 3 from older and poorly maintained residences. 4 (d) Deteriorating lead-based paint or excessive amounts of lead-conta- 5 minated dust in these poorly maintained homes endangers the intellectual 6 and emotional development and physical well being of affected children. 7 In addition, unsafe work practices that inadequately control lead dust 8 in the repair or renovation of older homes can cause substantial lead 9 hazards. 10 (e) Although New York state banned the sale of lead paint in 1970, 11 (l.1970, ch. 338) seventy-four percent of New York's housing stock was 12 constructed prior to 1970. At least ninety percent of lead-based paint 13 still remaining in occupied housing exists in units built before 1960. 14 New York state has both the largest percentage and the largest absolute 15 number of older housing units with lead paint in the nation. 16 (f) The dangers posed by lead-based paint can be substantially 17 reduced, although not eliminated, by taking measures to prevent paint 18 deterioration and limiting children's exposure to paint chips and lead 19 dust. 20 (g) The deterioration of lead-based paint in older residences results 21 in increased expenses each year for the state of New York in the form of 22 special education and other education expenses, medical care for lead- 23 poisoned children, and expenditures for delinquent youth and others 24 needing special supervision. 25 (h) Older housing units remain an important part of New York's housing 26 stock, particularly for those of modest or limited incomes. The problem 27 of lead-based paint in housing affects urban, suburban and rural areas 28 of the state. 29 (i) The existing housing codes and enforcement systems in most juris- 30 dictions do not include primary prevention measures for lead hazards and 31 have proven ineffective in encouraging widespread lead-based paint 32 hazard abatement, mitigation, and control. 33 (j) The financial incentives currently in place have not proven suffi- 34 cient to motivate landlords and other property owners to undertake wide- 35 spread and effective lead-based paint hazard abatement, mitigation, and 36 control; moreover low and moderate income property owners may not have 37 access to the resources to eliminate or reduce substantially lead 38 hazards. 39 (k) Insurance companies are reluctant to provide coverage to property 40 owners in the absence of evidence that lead hazards have been appropri- 41 ately addressed. 42 (l) Knowledge of lead-based paint hazards, their control, mitigation, 43 abatement, and risk avoidance is not sufficiently widespread, especially 44 outside urban areas. 45 2. The purposes of this act are: (a) to increase the supply of afford- 46 able rental housing in the state of New York in which measures have been 47 taken to eliminate or substantially reduce the risk of childhood lead 48 poisoning; 49 (b) to ensure that New York's response to lead-based paint hazards 50 focuses on primary prevention as the essential tool to combat childhood 51 lead poisoning, and thus to substantially reduce, and eventually elimi- 52 nate, the incidence of childhood lead poisoning in the state of New 53 York; 54 (c) to establish and make enforcement of lead hazard control standards 55 in the state of New York more certain and more effective;A. 10190 3 1 (d) to improve public awareness of lead safety issues and to educate 2 both property owners and tenants about practices that can reduce the 3 incidence of lead poisoning; 4 (e) to provide access to the resources for property owners and land- 5 lords who commit to undertake specified lead hazard reduction measures; 6 and 7 (f) to facilitate the availability and affordability of liability 8 insurance protection to those landlords and other owners who undertake 9 specified lead hazard reduction measures. 10 § 3. Section 1370 of the public health law is REPEALED and a new 11 section 1370 is added to read as follows: 12 § 1370. Definitions. 1. "Abatement" means any set of measures 13 designed to permanently eliminate lead-based paint or lead-based paint 14 hazards. Abatement includes the removal of lead-based paint, the perma- 15 nent enclosure or encapsulation of lead-based paint, the replacement of 16 components or fixtures painted with lead-based paint, and the removal or 17 permanent covering of soil-based hazards. 18 2. "Affected property" means a room or group of rooms within a proper- 19 ty constructed before nineteen hundred seventy that form a single inde- 20 pendent habitable dwelling unit for occupation by one or more individ- 21 uals that has living facilities with permanent provisions for living, 22 sleeping, eating, cooking, and sanitation. "Affected property" does not 23 include: 24 (a) an area not used for living, sleeping, eating, cooking, or sanita- 25 tion, such as an unfinished basement, that is not readily accessible to 26 children under seven years of age; 27 (b) a unit within a hotel, motel, or similar seasonal or transient 28 facility unless such unit is occupied by one or more persons at risk for 29 a period exceeding thirty days; 30 (c) an area which is secured and inaccessible to occupants; 31 (d) a unit which is not offered for rent or incident to employment; 32 (e) housing for the elderly, or a residential property designated 33 exclusively for persons with disabilities; except this exemption shall 34 not apply if a person at risk resides or is expected to reside in the 35 dwelling unit or visits the dwelling unit on a regular basis; 36 (f) an unoccupied dwelling unit or residential property that is to be 37 demolished, provided the dwelling unit or property will remain unoccu- 38 pied until demolition; or 39 (g) in cities of more than one million population, a multiple dwell- 40 ing, as defined in section four of the multiple dwelling law. 41 "Affected property" also excludes any property owned or operated by a 42 unit of federal, state, or local government, or any public, quasi-publ- 43 ic, or municipal corporation, if the property is subject to lead stand- 44 ards that are equal to, or more stringent than, the requirements for 45 lead-stabilized status under subdivision three of section thirteen 46 hundred seventy-six of this title, but does include privately-owned 47 properties that receive governmental rental assistance. 48 3. "Area of high risk" means an area designated as such by the 49 commissioner or his or her representative and consisting of one or more 50 dwellings in which a condition conducive to lead poisoning of children 51 is present or, additionally, any census tract or block group within the 52 state where, during any single year, more than twenty-five children have 53 been identified with elevated blood lead levels. 54 4. "Change in occupancy" means a change of tenant in an affected prop- 55 erty in which the property is vacated and possession is either surren- 56 dered to the owner or abandoned.A. 10190 4 1 5. "Chewable surface" shall mean a protruding interior windowsill in 2 a dwelling unit in an affected property that is readily accessible to a 3 child under age seven. "Chewable surface" shall also mean any other type 4 of interior edge or protrusion in a dwelling unit in an affected proper- 5 ty, such as a rail or stair, where there is evidence that such other 6 edge or protrusion has been chewed or where an occupant has notified the 7 owner that a child under age seven residing in that affected property 8 has mouthed or chewed such edge or protrusion. 9 6. "Communities of concern" means those thirty municipalities in the 10 state that have the greatest numbers of children identified with 11 elevated blood lead levels in the prior calendar year within the meaning 12 of subdivision fourteen of this section. 13 7. "Condition conducive to lead poisoning" means: (a) a lead-based 14 paint hazard; and/or (b) other environmental conditions which may result 15 in significant lead exposure, including soil-lead hazards. 16 8. "Containment" means the physical measures taken to ensure that dust 17 and debris created or released during lead-based paint hazard reduction 18 are not spread, blown, or tracked from inside to outside of the work- 19 site. 20 9. "Council" means the advisory council on lead poisoning prevention 21 established pursuant to section thirteen hundred seventy-b of this 22 title. 23 10. "Deteriorated paint" means any interior or exterior paint or 24 other coating that is curling, scaling, flaking, blistering, peeling, 25 chipping, chalking, cracking, or loose in any manner, such that a space 26 or pocket of air is behind a portion thereof or such that the paint is 27 not completely adhered to the underlying subsurface, or is otherwise 28 damaged or separated from the substrate. 29 11. "Deteriorated subsurface" shall mean an unstable or unsound paint- 30 ed subsurface, an indication of which can be observed through a visual 31 inspection, including, but not limited to, rotted or decayed wood, or 32 wood or plaster that has been subject to moisture or disturbance. 33 12. "Dwelling" means a building or structure or portion thereof, 34 including the property occupied by and appurtenant to such dwelling, 35 which is occupied in whole or in part as the home, residence or sleeping 36 place of one or more human beings and shall, without limiting the fore- 37 going, include child care facilities for children under seven years of 38 age, kindergartens and nursery schools. 39 13. "Dwelling unit" means a: 40 (a) single-family dwelling, including attached structures such as 41 porches and stoops; or 42 (b) housing unit in a structure that contains more than one separate 43 housing unit, and in which each such unit is used or occupied, or 44 intended to be used or occupied, in whole or in part, as the home or 45 separate living quarters of one or more persons. 46 14. "Elevated blood lead level" means a quantity of lead in whole 47 venous blood, expressed in micrograms per deciliter (ug/dl), of 10 ug/dl 48 or greater, or such other more stringent level as may be specifically 49 provided in this title or adopted in regulation by the department pursu- 50 ant to rule or regulation. 51 15. "Encapsulation" means the application of a covering or coating 52 that acts as a barrier between the lead-based paint and the environment 53 and that relies for its durability on adhesion between the encapsulant 54 and the painted surface, and on the integrity of the existing bonds 55 between paint layers and between the paint and the substrate. Encapsula-A. 10190 5 1 tion may be used as a method of abatement if it is designed and 2 performed so as to be permanent. 3 16. "Exterior surfaces" means: 4 (a) all fences and porches that are part of a dwelling that is or 5 contains an affected property; 6 (b) all outside surfaces of a dwelling that is or contains an affected 7 property that are accessible to a child under the age of seven and that: 8 (1) are attached to the outside of such dwelling; or 9 (2) consist of other buildings that are appurtenant to such dwelling, 10 such as a garage or shed; and 11 (c) all painted surfaces in stairways, hallways, entrance areas, 12 recreation areas, laundry areas, and garages within a multifamily dwell- 13 ing that are common to individual dwelling units, one or more of which 14 constitutes an affected property, and are accessible to a child under 15 the age of seven. 16 17. "Friction surface" means an interior or exterior painted surface 17 that touches or is in contact with another surface, such that the two 18 surfaces are capable of relative motion and abrade, scrape, or bind when 19 in relative motion. Friction surfaces shall include, but not be limited 20 to, window frames and jambs, doors, and hinges. 21 18. "g" means gram, "mg" means milligram (thousandth of a gram), and 22 "ug" means microgram (millionth of a gram). 23 19. "Hazard reduction" means measures designed to reduce or eliminate 24 human exposure to lead-based hazards. 25 20. "Health care provider" means any health care practitioner author- 26 ized to order a blood lead test and any facility licensed pursuant to 27 article twenty-eight of this chapter. 28 21. "High efficiency particle air vacuum" or "hepa-vacuum" means a 29 device capable of filtering out particles of 0.3 microns or greater from 30 a body of air at an efficiency of 99.97% or greater; "hepa-vacuum" 31 includes use of a hepa-vacuum. 32 22. "Impact surface" means an interior or exterior painted surface 33 that shows evidence, such as marking, denting, or chipping, that it is 34 subject to damage by repeated sudden force, such as certain parts of 35 door frames, moldings, or baseboards. 36 23. "Inspection" means a comprehensive survey by a properly accredited 37 person to determine the presence of lead-based paint and lead-based 38 paint hazards and the provision of a report explaining the results of 39 the inspection. 40 24. "Interior windowsill" means a portion of the horizontal window 41 ledge that is protruding into the interior of a room. 42 25. "Investigation" means an examination conducted by the owner of an 43 affected property, the owner's agent or employee, or someone retained by 44 the owner, in accordance with the requirements established by the deputy 45 commissioner, to determine whether the affected property meets the stan- 46 dards of lead-stabilized status as defined in subdivision three of 47 section thirteen hundred seventy-six of this title. 48 26. "Lead-based paint" means paint or other similar surface coating 49 material containing 1.0 milligrams of lead per square centimeter or 50 greater, as determined by laboratory analysis, or by an x-ray fluores- 51 cence analyzer. If an x-ray fluorescence analyzer is used, readings 52 shall be corrected for substrate bias when necessary as specified by the 53 performance characteristic sheets released by the United States environ- 54 mental protection agency and the United States department of housing and 55 urban development for the specific x-ray fluorescence analyzer used. 56 X-ray fluorescence readings shall be classified as positive, negative orA. 10190 6 1 inconclusive in accordance with the United States department of housing 2 and urban development guidelines for the evaluation and control of lead- 3 based paint hazards in housing (June 1995, revised 1997) and the 4 performance characteristic sheets released by the United States environ- 5 mental protection agency and the United States department of housing and 6 urban development for the specific x-ray fluorescence analyzer used. 7 X-ray fluorescence readings that fall within the inconclusive zone, as 8 determined by the performance characteristic sheets, shall be confirmed 9 by laboratory analysis of paint chips, results shall be reported in 10 milligrams of lead per square centimeter and the measure of such labora- 11 tory analysis shall be definitive. If laboratory analysis is used to 12 determine lead content, results shall be reported in milligrams of lead 13 per square centimeter. Where the surface area of a paint chip sample 14 cannot be accurately measured or if an accurately measured paint chip 15 sample cannot be removed, a laboratory analysis may be reported in 16 percent by weight. In such case, lead-based paint shall mean any paint 17 or other similar surface-coating material containing more than 0.5% of 18 metallic lead, based on the non-volatile content of the paint or other 19 similar surface-coating material. 20 27. "Lead-based paint hazard" means any condition in, or proximate to, 21 a dwelling or dwelling unit occupied by a person at risk that causes 22 exposure to lead from lead-contaminated dust, from lead-based paint that 23 is deteriorated, or from lead-based paint that is present on chewable 24 surfaces, deteriorated subsurfaces, friction surfaces, or impact 25 surfaces, or in soil, that would result in adverse human health effects. 26 28. "Lead-contained" means property that has attained lead-contained 27 property status within the meaning of subdivision six of section thir- 28 teen hundred seventy-six of this title. 29 29. "Lead-contaminated dust" means surface dust that contains a mass 30 per area concentration of lead equal to or exceeding 40 micrograms per 31 square foot ("ug/ft2") on floors, or 250 ug/ft2 on interior windowsills 32 based on wipe sample, or 400 ug/ft2 on window wells, or such more strin- 33 gent standards as may be adopted by the department. 34 30. "Lead-free" means property that has attained lead-free property 35 status within the meaning of subdivision five of section thirteen 36 hundred seventy-six of this title. 37 31. "Lead-stabilized" means property that has attained lead-stabilized 38 property status within the meaning of subdivision four of section thir- 39 teen hundred seventy-six of this title. 40 32. "Local designee" means a municipal, county, or other official 41 designated by the deputy commissioner of public health as responsible 42 for assisting the designating authority, relevant state agencies, and 43 relevant county and municipal authorities, in implementing the activ- 44 ities specified by this article for the localities. 45 33. "Occupant" means any individual living or sleeping in a building, 46 or having possession of a space within a building. 47 34. "Owner" means a person, firm, corporation, nonprofit organization, 48 partnership, government, guardian, conservator, receiver, trustee, exec- 49 utor, or other judicial officer, or other entity which, alone or with 50 others, owns, holds, or controls the freehold or leasehold title or part 51 of the title to property, with or without actually possessing it. Such 52 term includes a vendee who possesses the title, but does not include a 53 mortgagee or an owner of a reversionary interest under a ground rent 54 lease. "Owner" includes any authorized agent of the owner, including a 55 property manager or leasing agent.A. 10190 7 1 35. "Permanent" means an expected design life of at least twenty 2 years. 3 36. "Person" means any natural person. 4 37. "Person at risk" means a child under the age of seven years or a 5 pregnant woman who resides in an affected property. 6 38. "Program" means the lead poisoning prevention program in the 7 department established pursuant to section thirteen hundred seventy-a of 8 this title. 9 39. "Relocation expenses" means all expenses necessitated by the relo- 10 cation of a tenant's household to housing free of lead hazards, includ- 11 ing, but not limited to, moving and hauling expenses, the hepa-vacuuming 12 of all upholstered furniture, laundering of clothes and linens, payment 13 of a security deposit for the relocation housing, and installation and 14 connection of utilities and appliances. 15 40. "Soil-lead hazard" means soil in a play area where the soil-lead 16 concentration from a composite play area sample of bare soil is equal to 17 or greater than 400 parts per million; or in the rest of the yard when 18 the arithmetic mean lead concentration from a composite sample (or 19 arithmetic mean of composite samples) of bare soil from the rest of the 20 yard (i.e., non-play areas) is equal to or greater than 1,200 parts per 21 million. 22 41. "Tenant" means the individual named as the lessee in a lease, 23 rental agreement or other form of occupancy agreement, whether written 24 or oral, for a dwelling unit, and includes tenancies incident to employ- 25 ment. Where applicable, the term "tenant" shall also include any occu- 26 pant of the tenant's household. 27 42. "Wipe sample" means a sample collected by an appropriately accred- 28 ited person wiping a representative surface of known area, as determined 29 by American Society for Testing Materials (ASTM) e1728 ("standard prac- 30 tice for the field collection of settled dust samples using wipe sampl- 31 ing methods for lead determination by atomic spectrometry techniques"), 32 with lead determination conducted by an accredited laboratory partic- 33 ipating in the environmental lead laboratory accreditation program 34 (nlap). 35 § 4. Subdivision 2 of section 1370-a of the public health law, as 36 added by chapter 485 of the laws of 1992, paragraphs (a) and (c) as 37 amended by section 4 of part A of chapter 58 of the laws of 2009, is 38 amended and three new subdivisions 4, 5 and 6 are added to read as 39 follows: 40 2. The department shall: 41 (a) identify and designate as communities of concern the thirty muni- 42 cipalities in the state having the greatest numbers of children identi- 43 fied with elevated blood lead levels, and, in cooperation with local 44 health officials and municipal officials, develop a local primary 45 prevention plan for each community of concern to prevent exposure to 46 lead consistent with this title. The commissioner is authorized to 47 enter into and shall enter into agreements or memoranda of understanding 48 with, and provide technical and other resources to, communities of 49 concern and shall ensure that the primary prevention plan targets 50 persons at risk living in the highest risk affected housing in the 51 community. Municipalities identified by the commissioner shall cooper- 52 ate fully with the department in the formulation and implementation of 53 the primary prevention plan for the designated community of concern; 54 (b) identify and designate as areas of high risk any census tract or 55 block group in the state in which during any single year, more than 56 twenty-five children have been identified with elevated blood leadA. 10190 8 1 levels. In such areas of high risk, the department shall further require 2 that the county commissioner of health, in cooperation with appropriate 3 local municipal officials, prioritize and implement the inspection of 4 affected properties with persons at risk, and require the abatement of 5 lead-based paint hazards, or the stabilization of all conditions condu- 6 cive to lead poisoning in these inspected units using lead safe work 7 practices, in accordance with the definitions and provisions of this 8 title; 9 (c) promulgate and enforce regulations [for screening children and10pregnant women, including requirements for blood lead testing, for lead11poisoning, and for follow up of children and pregnant women who have12elevated blood lead levels] necessary for the implementation of all 13 portions of this title, except where responsibility for implementing 14 specific portions of this title is specifically assigned to the commis- 15 sioner of housing and community renewal or to the commissioner of taxa- 16 tion and finance; 17 [(b)] (d) enter into interagency agreements to coordinate lead poison- 18 ing prevention, exposure reduction, identification and treatment activ- 19 ities and lead reduction activities with other federal, state and local 20 agencies and programs; 21 [(c)] (e) establish a statewide registry of lead levels of children 22 provided such information is maintained as confidential except for (i) 23 disclosure for medical treatment purposes; (ii) disclosure of non-iden- 24 tifying epidemiological data; and (iii) disclosure of information from 25 such registry to the statewide immunization information system estab- 26 lished by section twenty-one hundred sixty-eight of this chapter; and 27 [(d)] (f) develop and implement public education and community 28 outreach programs on lead exposure, detection and risk reduction. 29 4. The commissioner or the commissioner's designee shall develop 30 culturally and linguistically appropriate information pamphlets regard- 31 ing childhood lead poisoning, the importance of testing for elevated 32 blood lead levels, prevention of childhood lead poisoning, treatment of 33 childhood lead poisoning, and tenants' and owners' rights and responsi- 34 bilities under this title. These information pamphlets shall be 35 distributed as follows: 36 (a) by the owner of any affected property or his or her agents or 37 employees at the time of the initiation and renewal of a rental agree- 38 ment to the tenant; 39 (b) by the health care provider to the parent or guardian of a child 40 at the time of a child's birth and at the time of any childhood immuni- 41 zation or vaccine unless it is established that such information 42 pamphlet has been provided previously to the parent or legal guardian by 43 the health care provider within the prior twelve months. Health care 44 providers shall also revise their patient forms to include a reminder to 45 check the lead screening status of each child under six years of age; 46 (c) by the owner or operator of any child care facility, pre-school, 47 or kindergarten class on or before October fifteenth of each calendar 48 year, to the parent or guardian of a child enrolled in such facility; 49 (d) by an obstetrician or gynecologist to each patient of child-bear- 50 ing age at the patient's first visit and at each pregnancy of the 51 patient; and 52 (e) by the provider of the women, infants and children program to each 53 person enrolled in such program and upon enrollment and annually there- 54 after. 55 5. Within three months after the close of the fiscal year, the commis- 56 sioner shall report to the advisory council established in section thir-A. 10190 9 1 teen hundred seventy-b of this title on the department's implementation 2 of this section during the preceding period. Such report shall be 3 publicly available and shall include, at a minimum, a detailed statement 4 of revenue and expenditures and statement of the department's program, 5 supported by a statistical section with geographic indexing designed to 6 provide a detailed explanation of the department's enforcement, includ- 7 ing but not limited to the following: 8 (a) a statistical profile of dwellings in which violations have been 9 placed pursuant to this title, indicating the ages of the dwellings and 10 other factors relevant to the prevalence of lead-based paint hazards, 11 which may include the prior lead poisoning of a person at risk in the 12 dwelling, outstanding violations, emergency repair charges, tax arrears 13 and mortgage debt; 14 (b) the number of dwelling units inspected by the department or other 15 state or local agency pursuant to this title, the number of such units 16 where a person at risk resided, and the number of inspectors assigned to 17 conduct such inspections; 18 (c) the number of dwelling units in which the occupant complained of 19 peeling paint or a deteriorated subsurface and the number of pre-nine- 20 teen hundred seventy dwelling units in which the existence of such 21 conditions were confirmed by the department or other state or local 22 agency; 23 (d) the number of dwelling units where a person at risk resides in 24 which a violation was placed pursuant to this title, whether the 25 violation was placed in response to an occupant's complaint or other- 26 wise; 27 (e) an evaluation of the department's capability to timely inspect, 28 serve a notice of violation, and enforce the correction of violations; 29 (f) an evaluation of the department's implementation of a program of 30 inspection pursuant to subdivision six of section thirteen hundred 31 seventy-seven of this title; and 32 (g) a tabulation of all municipalities, census tracts, or census block 33 groups which have in any year more than twenty-five children with 34 elevated blood lead levels, including totals of the number of children 35 with such elevated blood lead levels by five point increments. 36 6. The commissioner shall designate a deputy commissioner of health 37 responsible for fulfilling the objectives of this title when such objec- 38 tives involve the responsibilities of the department. 39 § 5. Section 1370-b of the public health law is amended by adding a 40 new subdivision 4 to read as follows: 41 4. The department shall make recommendations to amend this title if 42 any of the following conditions occur: 43 (a) In fiscal year two thousand thirteen, the rate of children who 44 obtain blood-lead testing in compliance with section thirteen hundred 45 seventy-c of this title is less than seventy-five percent; 46 (b) In fiscal year two thousand thirteen, the number of children in 47 this state whose blood-lead level is equal to or exceeds 10 micrograms 48 per deciliter is greater than four thousand; 49 (c) In fiscal year two thousand fourteen, the rate of children who 50 obtain blood-lead testing in compliance with section thirteen hundred 51 seventy-c of this title is less than ninety percent; or 52 (d) In fiscal year two thousand fourteen, the number of children in 53 this state whose blood-lead level is equal to or exceeds 10 micrograms 54 per deciliter is greater than two thousand.A. 10190 10 1 Such recommendations shall be submitted to the advisory council within 2 six months after the close of the fiscal year in which the condition 3 occurs. 4 § 6. Subdivision 1 of section 1370-c of the public health law, as 5 added by chapter 485 of the laws of 1992, is amended and four new subdi- 6 visions 5, 6, 7 and 8 are added to read as follows: 7 1. The department [is authorized to] shall promulgate and enforce 8 regulations establishing the means by which and the intervals at which 9 [children and pregnant women] persons at risk shall be screened for 10 elevated blood lead levels and for follow up of persons at risk who have 11 elevated blood lead levels. The department is also authorized to 12 require screening for lead poisoning in other high risk groups. At a 13 minimum, the department shall ensure that all children at both age one 14 year and at age two years and pregnant women shall be screened and that 15 all children who are considered at risk up to six years of age shall be 16 screened at least once each year. 17 5. Each health insurer or health maintenance organization shall report 18 annually to the department its aggregate data regarding compliance with 19 the screening requirements pursuant to this section. Such data shall 20 detail the number and percentage of children seen who were ages one and 21 two, the number and percentage who were screened at age one, and the 22 number and percentage who were screened at age two, separately organized 23 by zip code. This report on screening compliance shall be provided to 24 the department by March first following the end of the calendar year. 25 The comptroller shall include a review of compliance with this section 26 in any audit it performs. 27 6. The department shall include the screening and reporting require- 28 ments in its contracts for services under the medicaid and child health 29 plus programs or any other programs funded in whole or in part with 30 state or local funds and providing health services to persons at risk, 31 and shall impose compliance targets and appropriate penalties or sanc- 32 tions in the event such targets are not achieved. 33 7. By April fifteenth of each year the department shall report to the 34 health committees of the senate and assembly and make publicly available 35 a report on screening rates of the preceding year pursuant to this 36 section, including the actual number and estimated percentage of one 37 year old children and the actual number and estimated percentage of two 38 year old children screened for blood lead, the actual number and esti- 39 mated percentage of children screened at both one year of age and two 40 years of age, the performance of medicaid and child health plus programs 41 or any other programs funded in whole or in part with state and local 42 funds and providing health services to persons at risk, and its actions 43 to publicize and enforce the obligations on health care providers pursu- 44 ant to this section. 45 8. The department shall promulgate regulations establishing penalties 46 for knowing violations of subdivision two of this section. 47 § 7. Sections 1373 and 1375 of the public health law are REPEALED and 48 eight new sections 1370-f, 1373, 1375, 1376, 1377, 1378, 1379 and 1379-a 49 are added to read as follows: 50 § 1370-f. Response to a child with elevated blood lead levels and 51 conditions conducive to lead poisoning. 1. For each person at risk who 52 has a confirmed elevated blood lead level, primary health care providers 53 shall provide or make reasonable efforts to ensure the provision of a 54 complete diagnostic evaluation; medical treatment, if necessary; and 55 referral to the appropriate local or state health unit for environmental 56 management. A complete diagnostic evaluation shall include at a minimum:A. 10190 11 1 a detailed lead exposure assessment, a nutritional assessment, including 2 iron status, and, as appropriate, development screening. 3 2. The commissioner or the commissioner's designated representative, 4 as the appropriate local or state health unit for environmental manage- 5 ment, shall conduct an environmental assessment, which shall include an 6 emergency inspection in accordance with subdivision three of section 7 thirteen hundred seventy-seven of this title, to determine the source of 8 exposure to lead for any person at risk referred pursuant to subdivision 9 one of this section. 10 3. For each person at risk who is referred for environmental manage- 11 ment pursuant to this section, whenever the commissioner or his or her 12 designated representative determines that a condition conducive to lead 13 poisoning exists in a dwelling, a written notice and demand for discon- 14 tinuance shall be issued in accordance with section thirteen hundred 15 seventy-eight of this title. The commissioner or the commissioner's 16 designated representative shall also immediately notify the appropriate 17 public welfare department of the issuance of such written notice and 18 demand pursuant to section one hundred forty-three-b of the social 19 services law. 20 4. Whenever the commissioner or his or her representative shall 21 designate an area of high risk, other than a census tract or block group 22 so designated pursuant to section thirteen hundred seventy-a of this 23 title he or she may give written notice and demand, served as provided 24 in section thirteen hundred seventy-eight of this title for the discon- 25 tinuance of a paint condition conducive to lead poisoning in any desig- 26 nated dwelling in such area within a specified period of time. 27 5. Whenever the commissioner or his or her designated representative 28 has issued a written notice and demand for a discontinuance of a condi- 29 tion conducive to lead poisoning, prior to clearing such condition as 30 meeting the requirements of this title, the commissioner or his or her 31 designated representative shall complete a clearance examination to 32 confirm the safety of the location. Such clearance examinations shall 33 include a visual assessment, dust sampling, submission of samples for 34 analysis for lead, interpretation of sampling results, and preparation 35 of a report. Clearance examinations shall be performed in accordance 36 with federal guidelines in 24 C.F.R. section 35.1340 or successor regu- 37 lation. 38 § 1373. Safe work practices for activities disturbing lead-based paint 39 or paint of unknown lead content in affected properties with persons at 40 risk. 1. All work performed by an owner or the owner's agents or 41 contractors, in affected property occupied by a person or persons at 42 risk, that disturbs lead-based paint or paint of undetermined lead 43 content shall be performed in accordance with safe work regulations 44 promulgated by the commissioner. Such regulations shall provide for, 45 among other things: 46 (a) notice to tenants; 47 (b) training requirements, which shall require that such work be 48 performed by persons who have, at a minimum, successfully completed a 49 course on lead-safe work practices given by or on behalf of the depart- 50 ment, or the division of housing and community renewal, by the United 51 States environmental protection agency or an entity authorized by it to 52 give such course, or by the United States department of housing and 53 urban development or an entity authorized by it to give such course; 54 (c) precautions to prevent entry into the work area by occupants until 55 clean-up is completed and for temporary relocation provided by the ownerA. 10190 12 1 for the occupants of a dwelling or dwelling unit to appropriate housing 2 when work cannot be performed safely; 3 (d) precautions to prevent the dispersion of lead dust and debris 4 during the work; 5 (e) prohibited practices of lead paint removal, including dry scraping 6 and sanding, use of power tools without proper environmental controls, 7 and the use of toxic substances; 8 (f) proper daily and final clean-up requirements; 9 (g) dust wipe clearance testing; 10 (h) pre-notification of local municipal code enforcement agencies or 11 health departments, where appropriate; and 12 (i) exceptions for small jobs that involve disturbing less than two 13 square feet of lead-based paint or paint of undetermined lead content or 14 less than ten percent of the total surface area of peeling paint on a 15 type of component with a small surface area, such as a windowsill or 16 door frame. 17 2. A tenant shall allow access to an affected property, at reasonable 18 times, to the owner to perform any work required under this title. 19 3. If a tenant must vacate an affected property for a period of twen- 20 ty-four hours or more in order to allow an owner to perform work that 21 will disturb the paint on interior surfaces, the owner shall pay to the 22 tenant in advance the reasonable relocation expenses that the tenant 23 incurs directly related to the required relocation. 24 4. The deputy commissioner or the deputy commissioner's designee, 25 within one hundred twenty days following the effective date of this 26 section, shall establish guidelines and a trainer's manual for a "lead- 27 safe housing awareness seminar" with a total class time of three hours 28 or less. Such guidelines and materials shall be made available so that 29 such courses may be offered by professional associations and community 30 organizations with a training capacity, existing accredited educational 31 institutions, and for-profit educational providers. All such offering 32 proposals shall be reviewed and approved, based on seminar content and 33 qualifications of instructors, by the deputy commissioner of housing and 34 community renewal or the deputy commissioner's designee. 35 § 1375. Accreditation of inspectors and contractors performing work. 36 1. No person shall act as a contractor or supervisor to perform the 37 work necessary for lead-based paint hazard abatement as defined in this 38 title unless that person is accredited pursuant to one of the following: 39 (a) Regulations that may be adopted by the commissioner pursuant to 40 this section governing the accreditation of individuals to engage in 41 lead-based paint activities sufficient to satisfy the requirements of 40 42 C.F.R. 745.325 or successor regulations; 43 (b) Certification by the United States environmental protection agency 44 to engage in lead-based paint activities pursuant to 40 C.F.R. 745.226 45 or successor regulation; or 46 (c) Certification by a state or tribal program authorized by the 47 United States environmental protection agency to certify individuals 48 engaged in lead-based paint activities pursuant to 40 C.F.R. 745.325 or 49 successor regulation. 50 The commissioner shall, by regulation, create exceptions to the 51 accreditation requirement for instances where the disturbance of lead- 52 based paint is small and incidental, such as work that disturbs surfaces 53 of less than either two square feet of peeling lead-based paint per room 54 or ten percent of the total surface area of peeling paint on a type of 55 component with a small surface area, such as a windowsill or door frame.A. 10190 13 1 2. No person shall conduct an inspection required by sections thirteen 2 hundred seventy-six and thirteen hundred seventy-seven of this title, 3 unless that person is accredited pursuant to one of the following: 4 (a) regulations that may be adopted by the commissioner pursuant to 5 this section governing the accreditation of individuals eligible to 6 conduct the inspections required by this title sufficient to satisfy the 7 requirements of 40 C.F.R. 745.325 or successor regulation; or 8 (b) certification to conduct inspections by the United States environ- 9 mental protection agency pursuant to 40 C.F.R. 745.226(b) or successor 10 regulation; or 11 (c) certification by a state or tribal program authorized by the 12 United States environmental protection agency to certify individuals 13 engaged in lead-based paint activities pursuant to 40 C.F.R. 745.325 or 14 successor regulation. 15 3. The commissioner may adopt regulations, sufficient to satisfy the 16 requirements of 40 C.F.R. 745.325 or successor regulation, governing the 17 accreditation of individuals engaging in lead-based paint activities 18 under this title or eligible to conduct the inspections required by this 19 title. The accreditation of such persons pursuant to such regulations 20 shall extend for a period of three years unless the deputy commissioner 21 has probable cause to believe a person accredited under this section has 22 violated the terms of the accreditation or engaged in illegal or uneth- 23 ical conduct related to inspections required by this title in which case 24 the accreditation to perform inspections shall be suspended pending a 25 hearing in accordance with the provisions of the state administrative 26 procedure act. The commissioner shall establish by regulation a schedule 27 of fees for the accreditation and registration of such persons. Such 28 fees shall be required to be paid at the time of initial registration 29 and at the time of subsequent renewal of registration, and shall be 30 sufficient to cover all costs, including the costs of state personnel, 31 attributable to accreditation activities conducted under this section. 32 (a) Fees collected pursuant to this subdivision will be held in a 33 continuing, non-lapsing special fund to be used for accreditation 34 purposes under this section. 35 (b) The fund established under this subdivision shall be invested and 36 reinvested and any investment earnings shall be paid into the fund. 37 4. Any violation of the provisions of this section shall be a misde- 38 meanor. 39 § 1376. Requirements for affected properties occupied by persons at 40 risk. 1. All affected properties occupied by persons at risk shall be 41 maintained free of conditions conducive to lead paint poisoning. 42 2. Within two years following the effective date of this section the 43 owner of any affected property that is occupied by a person at risk must 44 certify, through a sworn statement in a form prescribed by the commis- 45 sioner, that the property meets "lead stabilized" status as defined by 46 subdivision three of this section and the owner is complying with subdi- 47 vision two of section thirteen hundred seventy-seven of this title, 48 unless a report has been submitted by a certified inspector stating that 49 the property is either "lead free" or is "lead contained" as provided 50 for in subdivision five or six of this section. 51 3. An affected property will be considered to be "lead stabilized" 52 when: 53 (a) All exterior and interior painted surfaces have been visually 54 reviewed; and all chipping, peeling, or flaking lead-based paint or 55 paint of unknown lead content on exterior and interior painted surfaces 56 has been removed and repainted, or stabilized and repainted, and anyA. 10190 14 1 structural defect that is causing or likely to cause lead-based paint or 2 paint of unknown lead content to chip, peel, or flake that the owner of 3 the affected property has knowledge of, or with the exercise of reason- 4 able care should have knowledge of, has been repaired; and 5 (b) All window friction surfaces with lead-based paint or paint of 6 unknown lead content have had such paint removed or permanently covered, 7 such as via the installation of replacement window channels or slides, 8 and interior window troughs and windowsills have been either stripped 9 and repainted, replaced, or encapsulated with vinyl, metal, or any other 10 durable materials which render the surface smooth and cleanable; and 11 (c) All doors and doorways have been adjusted or re-hung as necessary 12 to prevent the rubbing together of any surface with lead-based paint or 13 paint of unknown lead content with another surface; and 14 (d) All bare floors have been made smooth and cleanable; and 15 (e) All work has been completed in compliance with the safe work prac- 16 tice regulations promulgated pursuant to section thirteen hundred seven- 17 ty-three of this title; and 18 (f) At the completion of any activities described in this subdivision 19 that disturb lead-based paint or paint of unknown lead content: 20 (i) the interior of the affected property has been HEPA vacuumed and 21 washed with high phosphate detergent or its equivalent; and 22 (ii) clearance for lead dust hazards has been achieved as determined 23 by wipe samples in all areas accessible to persons at risk, taken by 24 properly accredited independent personnel after completion of all activ- 25 ities undertaken pursuant to subdivision two of this section. 26 4. An owner certifying that an affected property meets "lead stabi- 27 lized" status under subdivision two of this section shall retain the 28 sworn certification, which shall be valid for three years, and make it 29 available for inspection by department or local officials, including the 30 results of wipe tests when conducted, and shall provide a copy of the 31 certification and wipe test results to the tenant. 32 5. An affected property will be considered to be "lead-free" for the 33 purposes of this section if the owner of the affected property submits 34 to the deputy commissioner's designee for the jurisdiction in which such 35 property is located an inspection report which indicates that the 36 affected property has been tested by an inspector, accredited pursuant 37 to the provisions of section thirteen hundred seventy-five of this 38 title, for the presence of lead in accordance with standards and proce- 39 dures established by the regulations promulgated by the commissioner and 40 states under penalties of perjury that there is no lead-based paint or 41 lead-contaminated dust present on the interior surfaces of the dwelling 42 unit, no lead-based paint on the interior surfaces of the common areas 43 of the property, and no lead-based paint present on any of the exterior 44 surfaces of the property. A copy of the most recent inspection report 45 shall be provided to the tenant. 46 6. An affected property will be considered to be "lead contained" for 47 the purposes of this section if the owner of the affected property 48 submits a report by a certified inspector, accredited pursuant to the 49 provisions of section thirteen hundred seventy-five of this title, which 50 indicates that the affected property has been tested for the presence of 51 lead-based paint and lead-contaminated dust in accordance with the stan- 52 dards and procedures established by regulations promulgated by the 53 commissioner and states under penalties of perjury that: 54 (a) All interior surfaces in the affected property either do not 55 contain lead-based paint or have been permanently abated; andA. 10190 15 1 (b)(i) All exterior painted surfaces of the affected property that 2 were chipping, peeling, or flaking have been restored with non-lead 3 based paint and no exterior painted surfaces of the affected property 4 are chipping, peeling, or flaking; or 5 (ii) All exterior painted surfaces of the affected property have been 6 covered with vinyl siding or similar siding and sealed in a manner that 7 prevents exposure to chipping, peeling, or flaking paint; and 8 (c) Clearance for lead dust hazards has been achieved as determined by 9 wipe samples in all areas accessible to persons at risk, taken by prop- 10 erly accredited independent personnel. A copy of the inspection report 11 shall be provided to the tenant. 12 7. In order to maintain "lead contained" status the owner of an 13 affected property with lead-based paint on any exterior surface which 14 has been certified as "lead contained" pursuant to subdivision six of 15 this section shall submit to the deputy commissioner's designee for the 16 jurisdiction in which such property is located every three years a 17 certification by an inspector, stating under penalties of perjury that 18 no exterior painted surface of the affected property is chipping, peel- 19 ing, or flaking, and that there has been no compromise of any interior 20 abatement system that relies upon the enclosure or encapsulation for 21 lead-based paint. A copy of such certification shall be retained by the 22 owner and made available for inspection by department or local officials 23 and shall be provided to the tenant. 24 § 1377. Due diligence inquiries; investigation and inspection of 25 affected properties. 1. Beginning two years after the effective date of 26 this section, unless the owner of an affected property has previously 27 documented in the manner required by the deputy commissioner that a 28 property has been determined to have achieved "lead-free" property 29 status or "lead-contained" property status, the owner of an affected 30 property shall make a due diligence inquiry to ascertain whether a 31 person at risk resides in an affected property. 32 (a) No occupant in a dwelling unit in such affected property shall 33 refuse or unreasonably fail to provide accurate and truthful information 34 regarding the residency of a person at risk. 35 (b) All leases offered to tenants or prospective tenants in affected 36 properties must contain a notice, conspicuously set forth therein, which 37 advises tenants of the obligations of the owner and tenant as set forth 38 in this section. Such notice must be in a manner approved by the deputy 39 commissioner, the content of which shall, at a minimum, be in English 40 and Spanish. The owner of an affected property shall provide the occu- 41 pant of such dwelling unit with a pamphlet developed pursuant to subdi- 42 vision four of section thirteen hundred seventy-a of this title. 43 (c)(i) The owner of such affected property shall provide to an occu- 44 pant of a dwelling unit at the signing of a lease, including a renewal 45 lease, if any, or upon any agreement to lease, or at the commencement of 46 occupancy if there is no lease, a notice in English and Spanish, the 47 form and content of which shall be approved by the department, inquiring 48 whether a person at risk resides or will reside therein. If there is a 49 lease, such notice shall be included in such lease or be attached as a 50 rider to such lease. Such notice shall be completed by the occupant at 51 the time of such signing of a lease, including a renewal lease, if any, 52 or such agreement to lease, or at such commencement of occupancy. 53 (ii) Where an occupant has responded to the notice provided by the 54 owner pursuant to subparagraph (i) of this paragraph by indicating that 55 no person at risk resides therein, during the period between the date of 56 such response and the delivery of the notice provided by the ownerA. 10190 16 1 pursuant to paragraph (d) of this subdivision during the immediately 2 following year the occupant shall have the responsibility to inform the 3 owner of any person at risk that comes to reside therein during such 4 period. 5 (d)(i) Each year, an owner of an affected property shall, no earlier 6 than January first and no later than January sixteenth, except as 7 provided for in subparagraph (ii) of paragraph (c) of this subdivision, 8 present to the occupant of each dwelling unit in such affected property 9 a notice inquiring as to whether a person at risk resides therein. Such 10 notice, the form and content of which shall be approved by the deputy 11 commissioner, shall be presented as provided for in subparagraph (ii) of 12 paragraph (c) of this subdivision, and shall be in English and Spanish. 13 (ii) The owner may present the notice required by subparagraph (i) of 14 this paragraph by delivering said notice by any one of the following 15 methods: 16 (1) by first class mail, addressed to the occupant of the dwelling 17 unit; 18 (2) by hand delivery to the occupant of the dwelling unit; or 19 (3) by enclosure with the January rent bill, if such rent bill is 20 delivered after December fifteenth but no later than January sixteenth. 21 (iii) (1) Upon receipt of such notice the occupant shall have the 22 responsibility to deliver by February fifteenth of that year, a written 23 response to the owner indicating whether or not a person at risk resides 24 therein. If, subsequent to delivery of such notice, the owner does not 25 receive such written response by February fifteenth, and does not other- 26 wise have actual knowledge as to whether a person at risk resides there- 27 in, then the owner shall at reasonable times and upon reasonable notice 28 inspect that occupant's dwelling unit to ascertain the residency of a 29 person at risk and, when necessary, conduct an investigation in order to 30 make that determination. Where, between February sixteenth and March 31 first of that year, the owner has made reasonable attempts to gain 32 access to a dwelling unit to determine if a person at risk resides in 33 that dwelling unit and was unable to gain access, the owner shall notify 34 the deputy commissioner or the deputy commissioner's local designee of 35 that circumstance. 36 (2) Where an occupant has responded to the notice provided by the 37 owner pursuant to subparagraph (i) of this paragraph by indicating that 38 no person at risk resides therein, during the period between the date of 39 such response and the delivery of the notice provided by the owner 40 pursuant to this subdivision during the immediately following year the 41 occupant shall have the responsibility to inform the owner of any person 42 at risk that comes to reside therein during such period. 43 (e) The owner shall make and maintain a record of all due diligence 44 inquiries, in electronic or hard-copy format, for a period of six years. 45 Copies of such records shall be made available upon request to the depu- 46 ty commissioner or his or her local designee. 47 2. Beginning two years after the effective date of this section, when 48 the owner determines that a person at risk resides at an affected prop- 49 erty as provided in subdivision one of this section, and the owner of an 50 affected property has not previously documented in the manner required 51 by the deputy commissioner that a property has been determined to have 52 achieved either "lead-free" property status or "lead-contained" property 53 status, notwithstanding any certification completed pursuant to subdivi- 54 sion two of section thirteen hundred seventy-six of this title, the 55 owner shall then cause an investigation to be made, either directly by 56 the owner, the owner's agent or employee, or by any other person author-A. 10190 17 1 ized by the deputy commissioner, to determine whether such property 2 complies, at a minimum, with "lead-stabilized" property status. Alterna- 3 tively, the owner may cause an inspection to be made by a person trained 4 and accredited for such inspections as described in section thirteen 5 hundred seventy-five of this title for the purpose of determining wheth- 6 er the affected property complies with either "lead-free" property 7 status or "lead-contained" property status. 8 (a) The investigation to ascertain whether a property complies with 9 "lead-stabilized" property status shall occur at least once a year and 10 more often if necessary, such as when the owner knows or should reason- 11 ably be aware that a person at risk has become an occupant of the 12 affected property. 13 (b) An inspection or investigation shall, in addition, be conducted 14 when, in the exercise of reasonable care, an owner knows or should know 15 of a condition that is reasonably foreseeable to be conducive to lead 16 poisoning, or when an occupant specifically requests that an inspection 17 or investigation be made based upon his or her reasonable belief that 18 such a condition exists, or when an occupant makes a complaint to the 19 owner concerning a condition that the owner knows or should know is 20 reasonably foreseeable to be conducive to lead poisoning. 21 (c) In addition to any investigations or inspections required under 22 paragraphs (a) or (b) of this subdivision, the owner shall cause such an 23 investigation or inspection to be made within the thirty days prior to 24 the leasing, rental, or other turnover of an affected property, and 25 shall report the findings of that investigation or inspection to 26 prospective tenants in accordance with Title X of the federal residen- 27 tial lead poisoning prevention act and this title. 28 (d) The owner shall make and maintain a record of all investigations 29 or inspections conducted under this subdivision in a form prescribed by 30 the deputy commissioner. The owner shall maintain such record, in elec- 31 tronic or hard-copy format, for a period of six years. Copies of such 32 records shall be made available upon request to the deputy commissioner, 33 his or her local designee, tenants and occupants of the affected proper- 34 ty, and any prospective tenants or occupants of the affected property. 35 (e) The owner shall cause a summary of such investigation or 36 inspection report, in a form prescribed by the deputy commissioner, to 37 be conspicuously posted in a common area of the dwelling in or adjacent 38 to main entrances. Where there is more than one affected property in the 39 dwelling, the summary shall be posted in a common area of the dwelling 40 in, or adjacent to, the main entrance or entrances. In cases where it is 41 not feasible to post such reports in a common area, the owner or agent 42 shall deliver individual copies of such summary to each affected unit. 43 Said summary shall indicate that the full report of such investigation 44 or inspection is available to tenants upon request. 45 3. Beginning two years after the effective date of this section, the 46 deputy commissioner's designee for the jurisdiction in which such prop- 47 erty is located shall order an inspection of an affected property by an 48 inspector accredited pursuant to the provisions of section thirteen 49 hundred seventy-five of this title, at the expense of the owner of the 50 affected property, whenever the deputy commissioner's designee for the 51 jurisdiction in which such property is located, receives notification 52 that the affected property does not reasonably appear to comply with 53 either the lead-free, lead-contained, or lead-stabilized property status 54 and that a person at risk resides in the affected property. Any state or 55 local agency employees who have occasion to observe deteriorated paint 56 or any other condition believed to be conducive to lead poisoning at anA. 10190 18 1 affected property are authorized to report, and shall report, such 2 conditions to the deputy commissioner's designee, and in such instance, 3 the deputy commissioner's designee shall require an inspection to be 4 made of the affected property. An inspection required under this subdi- 5 vision shall be completed within ninety days after notification of the 6 deputy commissioner's designee for the jurisdiction in which such prop- 7 erty is located. In the event such inspection results in a finding of 8 lead hazards, a report of such findings shall be immediately transmitted 9 by the deputy commissioner or the deputy commissioner's designee for the 10 jurisdiction in which such property is located to the appropriate local 11 social services department pursuant to section one hundred forty-three-b 12 of the social services law. 13 4. The deputy commissioner, or the deputy commissioner's designee for 14 the jurisdiction in which such property is located, shall order an 15 inspection of an affected property for conditions conducive to lead 16 poisoning, by an inspector accredited pursuant to the provisions of 17 section thirteen hundred seventy-five of this title, at the expense of 18 the owner of the affected property, whenever the deputy commissioner or 19 the deputy commissioner's designee for the jurisdiction in which such 20 property is located is notified that a person at risk who resides in the 21 affected property or spends more than fifteen hours per week in the 22 affected property has an elevated blood lead level. An inspection under 23 this subdivision shall be completed within fifteen days after notifica- 24 tion of the deputy commissioner or the deputy commissioner's designee 25 for the jurisdiction in which such property is located. In the event 26 such inspection results in a finding of conditions conducive to lead 27 poisoning, a report of such finding shall be promptly transmitted by the 28 deputy commissioner, or the deputy commissioner's designee for the 29 jurisdiction in which the subject property is located, to the appropri- 30 ate local social services department pursuant to section one hundred 31 forty-three-b of the social services law. 32 5. An owner of an affected property at any time after the effective 33 date of this section, may request voluntarily that the deputy commis- 34 sioner, or the deputy commissioner's designee for the jurisdiction in 35 which such property is located, conduct an inspection by an inspector 36 accredited pursuant to the provisions of section thirteen hundred seven- 37 ty-five of this title, of an affected property, at the expense of the 38 owner, to determine whether it complies with the requirements for lead- 39 free property, lead-contained property status, or lead-stabilized prop- 40 erty status. Such inspection shall be completed within thirty days after 41 the owner's request. 42 6. The deputy commissioner shall establish a primary prevention 43 inspection program in areas of high risk to identify and target affected 44 properties where there are persons who may be exposed to lead-based 45 paint hazards in order that inspections may be conducted without the 46 receipt of a complaint or other such event triggering an inspection, and 47 require for each such area of high risk that the county commissioner of 48 health or his or her other local designee, and such local municipal 49 building or property maintenance code enforcement officials having 50 jurisdiction over such area as the deputy commissioner shall designate, 51 prepare and implement a strategy to: 52 (a) assure that a sufficient number of qualified inspection personnel 53 are available; 54 (b) identify the affected properties with persons at risk in that 55 municipality, census tract or census block group that are most likely to 56 contain conditions conducive to lead poisoning;A. 10190 19 1 (c) require, at the owner's expense, the inspection of affected prop- 2 erties for conditions conducive to lead poisoning; and 3 (d) require that such inspected properties attain lead-free, lead-con- 4 tained, or lead-stabilized status, and elimination of all conditions 5 conducive to lead poisoning in such properties, using lead safe work 6 practices in accordance with the provisions of this title. 7 In preparing this primary prevention inspection strategy, the responsi- 8 ble officials shall, among other factors, consider reports of persons at 9 risk with elevated blood lead levels in other units in a building; the 10 age and maintenance history of a building; and any available data on the 11 presence of young children from birth certificates issued by the depart- 12 ment. 13 7. An inspector shall submit a verified report of the result of the 14 inspection conducted pursuant to subdivision two, three, four, five or 15 six of this section to the deputy commissioner or the deputy commission- 16 er's designee for the jurisdiction in which such property is located, 17 the owner, and the tenant, if any, of the affected property. Such report 18 shall be completed subject to penalties for perjury and include the 19 inspector's state registration number and date of certification to 20 perform such inspections. In the event such inspection results in a 21 finding of lead-based paint hazards or conditions conducive to lead 22 poisoning, a report of such findings shall be promptly transmitted by 23 the deputy commissioner or the deputy commissioner's designee for the 24 jurisdiction in which such property is located and to the appropriate 25 local social services department pursuant to section one hundred forty- 26 three-b of the social services law. 27 8. Unless an affected property has been certified as "lead-free prop- 28 erty status" as provided in subdivision two of section thirteen hundred 29 seventy of this title, any written or printed lease for the lease or 30 renting of an affected property for a term beginning at a date more than 31 one year following the effective date of this title shall include the 32 following provisions, in both English and Spanish, in prominently 33 displayed and easily readable type or printing: 34 "This property, constructed before January 1, 1970, may contain lead- 35 based paint. Lead-based paint, if it is not properly removed or main- 36 tained, may cause brain damage or other serious health impacts in chil- 37 dren less than seven years of age and fetal injury in pregnant women. 38 New York state law requires the landlord to comply with maintenance 39 standards to avoid lead-based paint hazards. This property (owner or 40 agent to check appropriate box): 41 has been inspected by an independent inspector certified under 42 New York state law within the past sixty days and found not to contain 43 lead-based paint hazards. 44 has been investigated by the owner, manager, or his/her agent 45 within the past thirty days and observable lead-based paint hazards have 46 been stabilized. 47 has not been inspected for lead-based paint hazards. This prop- 48 erty may contain lead-based paint hazards dangerous to a child less than 49 seven years of age." 50 9. At the time of the lease or renting of an affected property without 51 a written or printed lease at a date more than one year following the 52 effective date of this section, the front entranceway or door of the 53 affected property shall be posted with a sign containing the language 54 quoted in subdivision eight of this section, in both English and Span- 55 ish, and in prominently displayed and easily readable type or printing.A. 10190 20 1 § 1378. Enforcement. 1. Whenever the deputy commissioner or deputy 2 commissioner's designee finds an affected property to not be in compli- 3 ance with the applicable requirements for either lead-free, or lead-con- 4 tained, or lead-stabilized property status, the deputy commissioner or 5 deputy commissioner's designee shall give written notice and demand, 6 served as provided herein, for the discontinuance of any condition fail- 7 ing to comply with either the lead-free, lead-contained, or lead-stabi- 8 lized standards in an affected property within a specified period of 9 time not to exceed thirty days. The deputy commissioner or deputy 10 commissioner's designee shall also immediately notify the appropriate 11 local social services department of the issuance of such written notice 12 and demand pursuant to section one hundred forty-three-b of the social 13 services law. 14 2. In the event of failure to comply with a notice and demand, the 15 deputy commissioner or the deputy commissioner's designee shall conduct 16 a formal hearing upon due notice in accordance with the provisions of 17 this section and on proof of violation of such notice and demand shall 18 order the owner of an affected property to take specified corrective 19 actions to have the affected property satisfy the requirements, at a 20 minimum, of lead-contained or lead-stabilized property and may assess a 21 penalty not to exceed two thousand five hundred dollars for each 22 affected property. In the event that such failure to comply concerns a 23 notice and demand issued in response to an environmental assessment 24 undertaken pursuant to subdivision three of section thirteen hundred 25 seventy-seven of this title, the deputy commissioner or the deputy 26 commissioner's designee, shall cause the condition to be remediated 27 within the next thirty days, and may place a lien on such property and 28 commence such legal actions as are necessary to recover from the owner 29 of such property the deputy commissioner's expenditures in connection 30 therewith, including legal fees. 31 3. A notice required by this section may be served upon an owner or 32 occupant of the dwelling or agent of the owner in the same manner as a 33 summons in a civil action or by registered or certified mail to his or 34 her last known address or place of residence. 35 4. The deputy commissioner's designee having jurisdiction, county and 36 city commissioners of health, and local housing code enforcement agen- 37 cies designated by the deputy commissioner's designee having jurisdic- 38 tion or county or city commissioner of health shall have the same 39 authority, powers and duties within their respective jurisdictions as 40 has the deputy commissioner under the provisions of this title. 41 5. The deputy commissioner or deputy commissioner's representative and 42 an official or agency specified in subdivision one of this section may 43 request and shall receive from all public officers, departments and 44 agencies of the state and its political subdivisions such cooperation 45 and assistance as may be necessary or proper in the enforcement of the 46 provisions of this title. 47 6. Any violation of the requirements of section thirteen hundred 48 seventy-six of this title shall also constitute a violation of any 49 municipal or other local housing code and shall subject the owner of an 50 affected property to all orders, criminal penalties, and other civil 51 forfeitures or penalties that are possible under such municipal or local 52 housing code, and shall also constitute a rent impairing violation with- 53 in the meaning of section three hundred two-a of the multiple dwelling 54 law and section three hundred five-a of the multiple residence law. 55 7. Nothing contained in this title shall be construed to alter or 56 abridge any duties and powers now or hereafter existing in the deputyA. 10190 21 1 commissioner, county boards of health, city and county commissioners of 2 health, the New York city department of housing preservation and devel- 3 opment and the department of health, local boards of health or other 4 public agencies or public officials, or any private party, including the 5 power to impose more stringent measures to protect public health. 6 8. The office of the attorney general and all local authorities 7 responsible for the enforcement of state, municipal, and other local 8 housing codes are hereby empowered to and shall vigorously enforce civil 9 remedies and/or criminal penalties provided for by law arising out of 10 the failure to comply with the requirements of this section, sections 11 thirteen hundred seventy-five or thirteen hundred seventy-six of this 12 title and may seek injunctive relief where appropriate. 13 9. (a) Any administrative proceeding or civil or criminal action by 14 state or local officials to enforce the provisions of this section shall 15 be reported to the deputy commissioner. 16 (b) The deputy commissioner shall issue an annual report outlining 17 specifically the enforcement actions brought pursuant to this section, 18 the identity of the owners of the affected properties, the authority 19 bringing the enforcement action, the nature of the action, and describ- 20 ing the criminal penalties and/or civil relief. 21 10. The removal of a tenant from or the surrender by the tenant of a 22 dwelling with respect to which the deputy commissioner or his or her 23 representative, pursuant to subdivision one of this section, has given 24 written notice and demand for the discontinuance of a condition condu- 25 cive to lead poisoning shall not absolve, relieve or discharge any 26 persons chargeable therewith from the obligation and responsibility to 27 discontinue such condition conducive to lead poisoning in accordance 28 with the method of discontinuance prescribed therefor in such notice and 29 demand. 30 § 1379. Injunctive relief. 1. If an owner of an affected property 31 fails to comply with the requirements of section thirteen hundred seven- 32 ty-six of this title, a person at risk or the parent or legal guardian 33 of a person at risk or other interested persons may seek injunctive 34 relief from a court of competent jurisdiction against the owner of the 35 affected property in the form of a court order to compel compliance. 36 2. A court shall not grant the injunctive relief requested pursuant to 37 subdivision one of this section, unless, at least thirty days prior to 38 the filing requesting the injunction, the owner of the affected property 39 has received written notice of the violation of standards contained in 40 section thirteen hundred seventy-six of this title and has failed to 41 bring the affected property into compliance with the applicable stand- 42 ards. This notice to the owner of the affected property is satisfied 43 when any of the following has occurred: 44 (a) A person at risk, his or her parent or legal guardian, or attor- 45 ney, has notified the owner of an affected property that the property 46 fails to meet the requirements for either lead-contained property status 47 or lead-stabilized property status; 48 (b) The deputy commissioner, the commissioner of housing and community 49 renewal, or the designee of either of these such officials, a municipal 50 or other local authority with responsibility for enforcing any local 51 housing code or codes, or a local or municipal department of health has 52 notified the owner of the affected property of violations of the 53 provisions of this title occurring within an affected property or of the 54 failure to register and file reports as required by this title; or 55 (c) A criminal or civil action pursuant to this title has been brought 56 by either state or local enforcement officials to enforce this title.A. 10190 22 1 3. The notice requirement of subdivision two of this section shall not 2 apply with respect to applications for preliminary injunctive relief. 3 4. A person who prevails in an action to enforce the provisions of 4 this title is entitled to an award of the costs of the litigation and to 5 an award of reasonable attorneys' fees in an amount to be fixed by the 6 court. 7 5. Cases brought before the court under this section shall be granted 8 an accelerated hearing. 9 6. The legal remedies created under this section shall be in addition 10 to any other common law or statutory remedies, which may be pursued in 11 the same or separate action or proceeding. 12 § 1379-a. Retaliatory evictions prohibited. 1. An owner of an 13 affected property may not evict or take any other retaliatory action 14 against a person at risk or his or her parent or legal guardian in 15 response to the actions of the person at risk, his or her parent or 16 legal guardian in: 17 (a) providing information to the owner of the affected property, the 18 deputy commissioner, the commissioner of housing and community renewal, 19 or the designee of either of these officials, a local or municipal 20 department of health, or a municipal or other local authority with 21 responsibility for enforcing any local housing code or codes concerning 22 lead-based paint hazards within an affected property or elevated blood 23 lead levels of a person at risk; or 24 (b) enforcing any of his or her rights under this title. 25 2. For purposes of this section, a retaliatory action includes any of 26 the following actions in which the activities protected under subdivi- 27 sion one of this section are a material factor in motivating said 28 action: 29 (a) A refusal to renew a lease; 30 (b) Termination of a tenancy; 31 (c) An arbitrary rent increase or decrease in services to which the 32 person at risk or his or her parent or legal guardian is entitled; or 33 (d) Any form of constructive eviction. 34 3. A person at risk or his or her parent or legal guardian subject to 35 an eviction or retaliatory action under this section is entitled to the 36 relief as may be provided by statute and/or any further relief deemed 37 just and equitable by the court, and is eligible for reasonable attor- 38 neys' fees and costs. 39 § 8. The real property law is amended by adding two new sections 236-a 40 and 242-a to read as follows: 41 § 236-a. Discrimination against persons and families receiving public 42 assistance or governmental housing subsidies prohibited. 1. Any person, 43 firm or corporation owning or having in charge any apartment house, 44 tenement house or other building or manufactured home park used for 45 dwelling purposes who shall refuse to rent any or part of any such 46 building or manufactured home park to any person or family, or who 47 discriminates in the terms, conditions, or privileges of any such 48 rental, on the ground that such person or family receives public assist- 49 ance or any other government subsidy for payment of rent shall be guilty 50 of a misdemeanor and on conviction thereof shall be punished by a fine 51 of not less than five hundred nor more than one thousand dollars for 52 each offense. 53 2. (a) Where discriminatory conduct prohibited by this section has 54 occurred, an aggrieved individual shall have a cause of action in any 55 court of competent jurisdiction for damages, declaratory and injunctive 56 relief.A. 10190 23 1 (b) In all actions brought under this section, the court shall allow 2 the prevailing plaintiff reasonable attorney's fees and, upon a finding 3 that defendant's discriminatory conduct was willful, an additional 4 amount as liquidated damages equal to two thousand five hundred dollars 5 shall be awarded. 6 § 242-a. Inspection of residential real property for lead-based paint 7 prior to transfer. 1. (a) Effective January first, two thousand nine- 8 teen, the transferor or grantor of any residential real property erected 9 prior to the year nineteen hundred seventy, or in cities with a popu- 10 lation of one million or more a dwelling erected prior to the year nine- 11 teen hundred sixty, shall provide to the transferee or grantee a certif- 12 icate that such property has been tested for the presence of lead-based 13 paint, as defined in subdivision twenty-six of section thirteen hundred 14 seventy of the public health law, and a report of such test indicating 15 the locations where lead-based paint has been detected, if any. Such 16 testing shall not be valid unless performed by a person accredited 17 pursuant to section thirteen hundred seventy-five of the public health 18 law. A copy of such certificate shall be filed with the department of 19 health. 20 (b) The presentation of a certificate of such testing by a prior owner 21 of said property and evidence of filing such certificate and report with 22 the department of health shall be deemed to be in compliance with the 23 provisions of this subdivision. 24 (c) In the event the transferor or grantor has not received from a 25 prior owner a certification and report of such tests as set forth in 26 this subdivision, the costs of testing for lead-based paint and the 27 preparation of a certificate and report thereof as provided in this 28 subdivision shall be deductible by the transferor or grantor, up to the 29 amount of five hundred dollars, or in a building with more than one 30 dwelling unit up to four hundred dollars per dwelling unit tested, from 31 the taxes imposed by sections fourteen hundred two and fourteen hundred 32 two-a of the tax law. 33 2. Any provision in a purchase offer, contract of sale, lease, offer 34 to lease, or any other document related to the transfer of an interest 35 in real property that purports to waive any right created under state or 36 federal law for the purchaser, tenant, or transferee to conduct a risk 37 assessment or inspection of the property to determine the presence of 38 lead-based paint and/or lead-based paint hazards, or any oral agreement 39 that purports to waive such right, is null and void as against public 40 policy, notwithstanding that such waivers might otherwise be permitted 41 by federal law. 42 § 9. Section 210-B of the tax law is amended by adding a new subdivi- 43 sion 53 to read as follows: 44 53. Lead hazard reduction tax credit. (a) Tax credit for activities 45 resulting in lead-free or lead-contained status. A taxpayer shall be 46 allowed a credit against tax imposed by this article for activities 47 necessary to bring any affected property into lead-free or lead-con- 48 tained status within the meaning of sections thirteen hundred seventy 49 and thirteen hundred seventy-six of the public health law, provided that 50 the taxpayer complies with the documentation requirements of paragraph 51 (d) of this subdivision. 52 (b) Tax credit for multiple dwelling units located within munici- 53 palities of more than one million inhabitants. A taxpayer also shall be 54 eligible for the tax credit under paragraph (a) of this subdivision if a 55 dwelling unit that satisfies all the requirements for an affected prop- 56 erty contained in subdivision two of section thirteen hundred seventy ofA. 10190 24 1 the public health law but such dwelling unit is located in a city with a 2 population of one million or more. In such case, the taxpayer must 3 comply with equivalent standards in local laws concerning lead hazards 4 that apply to multiple dwellings. 5 (c) Tax credits for certain renovations as part of achieving lead-sta- 6 bilized status. A taxpayer shall be allowed a credit against tax imposed 7 by this article for the costs of certain activities necessary to bring 8 any affected property into lead-stabilized status within the meaning of 9 section thirteen hundred seventy-six of the public health law, provided 10 that the expected useful life of such renovations is ten years or more 11 and the taxpayer complies with the documentation requirements of para- 12 graph (d) of this subdivision. The deputy commissioner of health shall 13 promulgate regulations defining those activities necessary to achieve 14 lead-stabilized status with an expected useful life of more than ten 15 years. Taxpayers who have completed renovations of habitable dwelling 16 units contained in multiple dwellings, as defined in section four of the 17 multiple dwelling law in a city of more than one million population also 18 shall be allowed a credit under this subdivision provided that the 19 taxpayer complies with similar standards in local laws concerning lead 20 hazards that apply to multiple dwellings. 21 (d) Documentation required for credit allowance. No credit shall be 22 allowed under paragraph (a), (b), or (c) of this subdivision unless the 23 taxpayer provides documentation to the deputy commissioner of health 24 that: 25 (1) the activities described above have been performed by a contractor 26 accredited pursuant to section thirteen hundred seventy-five of the 27 public health law; 28 (2) the affected property was constructed prior to nineteen hundred 29 seventy; 30 (3) the taxpayer has paid for the activities described above; and 31 (4) includes a written certification obtained by the taxpayer from an 32 inspector, accredited pursuant to section thirteen hundred seventy-five 33 of the public health law, that the activities described above have been 34 completed in accordance with all applicable requirements and that 35 either: 36 (A) Where applicable, the affected property or property unit can now 37 be certified as either lead-free or lead-contained under section thir- 38 teen hundred seventy-six of the public health law; or 39 (B) Where applicable, the affected property has undergone renovations 40 that satisfy the requirements established by regulation by the deputy 41 commissioner of health as activities necessary to achieve lead-stabi- 42 lized status with an expected useful life of more than ten years. 43 (e) Amount of credit. The tax credit shall be equal to the amount 44 actually paid for the activities described in this subdivision up to a 45 maximum of three thousand dollars per affected property for a credit 46 allowed under either paragraph (a) or (b) of this subdivision or a maxi- 47 mum of one thousand five hundred dollars for a credit allowed under 48 paragraph (c) of this subdivision. 49 (f) Carry-over of credit. Any amount of tax credit not used in the 50 taxable year of certification may be carried forward and applied to the 51 corporation's tax liability for any one or more of the succeeding five 52 taxable years. The credit may not be applied until all other credits 53 available to the taxpayer for that taxable year have been applied. 54 § 10. Section 606 of the tax law is amended by adding a new subsection 55 (ccc) to read as follows:A. 10190 25 1 (ccc) Lead-hazard reduction in housing tax credit. (1) Allowance of 2 credit for activities resulting in lead-free or lead-contained status. A 3 taxpayer shall be allowed a credit as provided in this subsection for 4 activities necessary to bring any affected property into lead-free or 5 lead-contained status within the meaning of sections thirteen hundred 6 seventy and thirteen hundred seventy-six of the public health law, 7 provided that the taxpayer complies with the documentation requirements 8 of paragraph four of this subsection. 9 (2) Tax credit for multiple dwelling units located within munici- 10 palities of more than one million inhabitants. A taxpayer also shall be 11 eligible for the tax credit under paragraph one of this subsection if a 12 dwelling unit that satisfies all the requirements for an affected prop- 13 erty contained in subdivision two of section thirteen hundred seventy of 14 the public health law but such dwelling unit is located in a city with a 15 population of one million or more. In such case, the taxpayer must 16 comply with equivalent standards in local laws concerning lead hazards 17 that apply to multiple dwellings. 18 (3) Tax credits for certain renovations as part of achieving lead-sta- 19 bilized status. A taxpayer shall be allowed a credit against tax imposed 20 by this article for the costs of certain activities necessary to bring 21 any affected property into lead-stabilized status within the meaning of 22 section thirteen hundred seventy-six of the public health law, provided 23 that the expected useful life of such renovations is ten years or more 24 and the taxpayer complies with the documentation requirements of para- 25 graph four of this subsection. The deputy commissioner of health shall 26 promulgate regulations defining those activities necessary to achieve 27 lead-stabilized status with an expected useful life of more than ten 28 years. Taxpayers who have completed renovations of habitable dwelling 29 units contained in multiple dwellings, as defined in section four of the 30 multiple dwelling law in a city of more than one million population also 31 shall be allowed a credit under this paragraph provided that the taxpay- 32 er complies with similar standards in local laws concerning lead hazards 33 that apply to multiple dwellings. 34 (4) Documentation required for credit allowance. No credit shall be 35 allowed under paragraph one, two or three of this subsection unless the 36 taxpayer provides documentation to the deputy commissioner of health 37 that: 38 (A) the activities described above have been performed by a contractor 39 accredited pursuant to section thirteen hundred seventy-five of the 40 public health law; 41 (B) the affected property was constructed prior to nineteen hundred 42 seventy; 43 (C) the taxpayer has paid for the activities described above; and 44 (D) includes a written certification obtained by the taxpayer from an 45 inspector, accredited pursuant to section thirteen hundred seventy-five 46 of the public health law, that the activities described above have been 47 completed in accordance with all applicable requirements and that 48 either: 49 (i) Where applicable, the affected property can now be certified as 50 either lead-free or lead-contained under section thirteen hundred seven- 51 ty-six of the public health law; or 52 (ii) Where applicable, the affected property has undergone renovations 53 that satisfy the requirements established by regulation by the deputy 54 commissioner of health as activities necessary to achieve lead-stabi- 55 lized status with an expected useful life of more than ten years.A. 10190 26 1 (5) The tax credit pursuant to this subsection shall be available to 2 someone who owns and occupies his or her own dwelling unit in the same 3 manner and to the same extent as it is available to the owner of an 4 affected property who leases the premises. 5 (6) Amount of credit. The tax credit shall be equal to the amount 6 actually paid for the activities described in this subsection up to a 7 maximum of three thousand dollars per affected property for a credit 8 allowed under either paragraph one or two of this subsection or a maxi- 9 mum of one thousand five hundred dollars for a credit allowed under 10 paragraph three of this subsection. 11 (7) Application of credit. Any amount of tax credit not used in the 12 taxable year of certification may be carried forward and applied to the 13 individual's tax liability for any one or more of the succeeding five 14 taxable years. The credit may not be applied until all other credits 15 available to the taxpayer for that taxable year have been applied. 16 § 11. The state finance law is amended by adding a new section 99-bb 17 to read as follows: 18 § 99-bb. Residential property lead-based paint hazard abatement 19 revolving loan fund. 1. There is created, as a separate fund within the 20 general fund, a fund to be known as the residential property lead-based 21 paint hazard abatement revolving loan fund. Such fund shall consist of 22 proceeds received from the sale of bonds pursuant to subdivision two of 23 this section, and any sums that the state may from time to time deem 24 appropriate, as well as donations, gifts, bequests, or otherwise from 25 any public or private source, which money is intended to assist owners 26 of residential properties in meeting the standards for either lead-free 27 or lead-contained certification pursuant to section thirteen hundred 28 seventy-six of the public health law, or, for multiple dwellings in 29 cities of one million population or more, compliance with local laws 30 concerning the control of lead-based paint hazards in such multiple 31 dwellings. 32 2. The state shall issue bonds in an amount specified for the purpose 33 of funding the residential property lead abatement revolving loan fund. 34 (a) Any bonds issued or to be issued pursuant to this subdivision 35 shall be subject to all the requirements and conditions established by 36 the state for the sale of bonds. 37 (b) The interest rate and other terms upon which bonds are issued 38 pursuant to this subdivision shall not create a prospective obligation 39 of the state of New York in excess of the amount of revenues that can 40 reasonably be expected from the loan repayments, interest on such loans, 41 and fees that the state of New York can reasonably expect to charge 42 under the provisions of title ten of article thirteen of the public 43 health law. 44 (c) All money received from the sale of bonds shall be deposited into 45 the residential property lead abatement revolving loan fund. 46 3. The comptroller shall contract for the administration and disburse- 47 ment of funding. The deputy commissioner of health shall adopt rules and 48 regulations which provide for the orderly and equitable disbursement and 49 repayment of funds. 50 4. Funds placed in the residential property lead-based paint hazard 51 abatement revolving loan fund shall be made available, at the discretion 52 of the deputy commissioner of health, to the owners of affected proper- 53 ties including those located within municipalities of more than one 54 million inhabitants, and to non-profit organizations for the purpose of 55 bringing affected properties into compliance with the standards for 56 lead-free, lead-contained, or lead-stabilized property status as speci-A. 10190 27 1 fied by section thirteen hundred seventy-six of the public health law, 2 or, for multiple dwellings in cities with a population of one million or 3 more, compliance with local laws concerning the control of lead-based 4 paint hazards in such multiple dwellings. An owner of a pre-nineteen 5 hundred seventy property who owns and occupies the dwelling unit shall 6 be eligible for loans under this section in the same manner, and to the 7 same extent, as an owner of an affected property. 8 5. Loans made available under the provisions of this section may be 9 made directly, or in cooperation with other public and private lenders, 10 or any agency, department, or bureau of the federal government or the 11 state. 12 6. The proceeds from the repayment of any loans made for that purpose 13 shall be deposited in and returned to the residential property lead 14 abatement revolving loan fund to constitute a continuing revolving fund 15 for the purposes provided in this section. 16 7. The deputy commissioner of housing and community renewal shall take 17 any action necessary to obtain federal assistance for lead hazard 18 reduction to be used in conjunction with the residential property lead 19 abatement revolving loan fund. 20 § 12. Paragraph a of subdivision 2 of section 302-a of the multiple 21 dwelling law, as added by chapter 911 of the laws of 1965, is amended to 22 read as follows: 23 a. A "rent impairing" violation within the meaning of this section 24 shall designate a condition in a multiple dwelling which, in the opinion 25 of the department, constitutes, or if not promptly corrected, will 26 constitute, a fire hazard, a lead-based paint hazard within the meaning 27 of subdivision twenty-seven of section thirteen hundred seventy of the 28 public health law, or a serious threat to the life, health or safety of 29 occupants thereof. 30 § 13. Paragraph a of subdivision 2 of section 305-a of the multiple 31 residence law, as added by chapter 291 of the laws of 1966, is amended 32 to read as follows: 33 a. A "rent impairing" violation within the meaning of this section 34 shall designate a condition in a multiple dwelling which, in the opinion 35 of the state building code council, constitutes, or if not promptly 36 corrected, will constitute, a fire hazard, a lead-based paint hazard 37 within the meaning of subdivision twenty-seven of section thirteen 38 hundred seventy of the public health law, or a serious threat to the 39 life, health or safety of occupants thereof. 40 § 14. The social services law is amended by adding a new section 131-y 41 to read as follows: 42 § 131-y. Supplemental shelter allowance. Every public welfare official 43 shall pay, in addition to the shelter allowance components established 44 by the department pursuant to section one hundred thirty-one-a of this 45 title, a supplemental shelter allowance for units for which the owner 46 has submitted documentation certifying that the dwelling unit is in 47 compliance with subdivision seven of section one hundred forty-three-b 48 of this title. This monthly lead-safe housing supplement shall be in the 49 amount of fifty dollars for efficiency or one-bedroom units; one hundred 50 dollars for two-bedroom units; one hundred fifty dollars for three-bed- 51 room units; and two hundred dollars for units with four or more 52 bedrooms; or such higher amounts as the department may establish by 53 regulation as appropriate to induce landlords in high risk lead-paint 54 poisoning areas to voluntarily remove lead-paint hazards from their 55 units using lead safe work practices. This supplemental shelter allow- 56 ance for lead-safe housing shall be paid for a period of twelve monthsA. 10190 28 1 following the submission of the most recent certification of compliance 2 and shall be renewed for subsequent twelve month periods upon the 3 submission of further certifications of compliance based upon more 4 recent inspections. 5 § 15. Subdivision 2 of section 143-b of the social services law, as 6 added by chapter 997 of the laws of 1962, is amended and a new subdivi- 7 sion 7 is added to read as follows: 8 2. Every public welfare official shall have power to and [may] shall 9 withhold the payment of any such rent in any case where he has knowledge 10 that there exists or there is outstanding any violation of law in 11 respect to the building containing the housing accommodations occupied 12 by the person entitled to such assistance which is dangerous, hazardous 13 or detrimental to life or health. A report of each such violation shall 14 be made to the appropriate public welfare department by the appropriate 15 department or agency having jurisdiction over violations. 16 7. No state or local agency shall arrange to place a family consisting 17 of a person or persons under seven years of age or a known pregnant 18 woman in any dwelling unit constructed prior to nineteen hundred seven- 19 ty, or, in cities with a population of one million or more, any dwelling 20 unit constructed prior to nineteen hundred sixty, for which rent is paid 21 in any part with state funds unless such dwelling unit has been first 22 inspected by a person accredited pursuant to section thirteen hundred 23 seventy-five of the public health law, and determined to be free of 24 lead-based hazards, as defined by subdivision twenty-seven of section 25 thirteen hundred seventy of the public health law, and unless such agen- 26 cy has first obtained appropriate documentation acceptable to the 27 commissioner that such dwelling unit is in compliance with the require- 28 ments of section thirteen hundred seventy-six of the public health law, 29 or, for multiple dwellings in cities with a population of one million or 30 more, in compliance with local laws concerning the control of lead-based 31 paint hazards in such multiple dwellings. A written report shall be 32 prepared of any inspection performed pursuant to this subdivision and 33 shall be provided to the family. 34 § 16. Section 390-a of the social services law is amended by adding a 35 new subdivision 6 to read as follows: 36 6. No license or registration shall be issued to a child day care 37 center, a family day care home, or a group family day care home and no 38 such registration shall be renewed until it can be demonstrated that 39 those portions of the facility in which such child day care center, 40 family day care home, or group family day care home is located and those 41 portions of such facility that are readily accessible to children in 42 such child day care center, family day care home, or group family day 43 care home, meet the standards for lead-free property status, lead-con- 44 tained property status, or lead-stabilized property status set forth in 45 section thirteen hundred seventy-six of the public health law, or, for 46 multiple dwellings in cities with a population of one million or more, 47 with all local laws concerning the control of lead-based paint hazards 48 that apply to multiple dwelling units where children reside. 49 § 17. The insurance law is amended by adding a new section 3441 to 50 read as follows: 51 § 3441. Insurance coverage for lead poisoning. (a) For the purpose of 52 this section, the term "affected property" shall mean a room or group of 53 rooms within a property constructed before nineteen hundred seventy, or 54 constructed before nineteen hundred sixty in cities with a population of 55 one million or more, that form a single independent habitable dwelling 56 unit for occupation by one or more individuals that has living facili-A. 10190 29 1 ties with permanent provisions for living, sleeping, eating, cooking, 2 and sanitation. "Affected property" shall not include: 3 (1) an area not used for living, sleeping, eating, cooking, or sanita- 4 tion, such as an unfinished basement, that is not readily accessible to 5 children under seven years of age; 6 (2) a unit within a hotel, motel, or similar seasonal or transient 7 facility unless such unit is occupied by one or more persons at risk 8 for a period exceeding thirty days; 9 (3) an area which is secured and inaccessible to occupants; 10 (4) housing for the elderly, or a residential property designated 11 exclusively for persons with disabilities; except this exemption shall 12 not apply if a person at risk resides or is expected to reside in the 13 dwelling unit or visits the dwelling unit on a regular basis; or 14 (5) an unoccupied dwelling unit or residential property that is to be 15 demolished, provided the dwelling unit or property will remain unoccu- 16 pied until demolition. 17 For the purpose of this section, the term "affected property" shall 18 not mean any property owned or operated by a unit of federal, state, or 19 local government, or any public, quasi-public, or municipal corporation, 20 but does include privately-owned properties that receive governmental 21 rental assistance. 22 (b) After fourteen months following the effective date of this 23 section, no insurer licensed or permitted by the department to provide 24 liability coverage to rental property owners shall exclude, except as 25 otherwise provided by this section, an affected property covered under a 26 policy coverage for losses or damages caused by exposure to lead-based 27 paint. The department shall not permit, authorize or approve any exclu- 28 sion for injury or damage resulting from exposure to lead-based paint, 29 except as specifically provided for in law, that was not in effect as of 30 the effective date of this section, and all previously approved exclu- 31 sions shall terminate on or before fourteen months following the effec- 32 tive date of this section. 33 (c) All insurers issuing liability insurance policies, including 34 commercial lines insurance policies, personal lines insurance policies, 35 and/or any other policies, covering affected properties shall offer 36 coverage for bodily injury caused by exposure to lead-based paint. 37 (d) Rates for the coverage specified in subsection (c) of this section 38 shall be approved by the superintendent using the following standards: 39 (1) Such rates must not be excessive, inadequate, or unfairly discri- 40 minatory; and 41 (2) In establishing such rates, consideration will be given to: 42 (A) Past and prospective loss experience; 43 (B) A reasonable margin for profits and contingencies; 44 (C) Past and prospective expenses; 45 (D) Such other data as the department may deem necessary; 46 (E) The past history of the owner with regard to lead poisoning or any 47 other liability or violations of ordinances or statutes relating to the 48 affected property or similar properties reasonably believed by the 49 insurer to be relevant; and 50 (F) Compliance with the requirements of either section thirteen 51 hundred seventy-six of the public health law or, for multiple dwellings 52 in cities with a population of one million or more, with all local laws 53 concerning the control of lead-based paint hazards in such multiple 54 dwellings. 55 (e) The department shall determine within two years following the 56 effective date of this section the availability in the state of liabil-A. 10190 30 1 ity personal injury/bodily injury coverage described in subsection (b) 2 of this section, and may if such coverage is not generally available, 3 establish a market assistance plan or take other measures to assure the 4 availability of such coverage that offers a liability limit which is at 5 least three hundred thousand dollars or shall require that such coverage 6 be made available through a joint underwriting plan. 7 (f) An owner may not assign liability nor require a tenant to limit or 8 waive liability and any such limit or waiver shall be void as contrary 9 to the public policy of New York state. 10 (g) The superintendent shall, within twelve months after the effective 11 date of this section: 12 (1) Adopt rules for and issue an advisory bulletin to all state 13 licensed, admitted insurers providing liability coverage for property 14 owners regarding their responsibilities under this section; and 15 (2) Adopt rules for and issue an advisory bulletin to all state 16 licensed insurance agents and brokers outlining the provisions of this 17 section and the new requirements for state licensed, admitted insurers. 18 § 18. This act shall take effect immediately.
