NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1529A
SPONSOR: Rivera TITLE OF BILL:
An act to amend the real property law, in relation to requiring the
disclosure of lead-based paint test reports in real estate transactions
PURPOSE OF BILL:
This bill requires property owners to conduct lead paint tests and
provide the reports of such test before selling or leasing the property.
By requiring that these test reports also be submitted to the Department
of Health,'New York takes a first step towards tracking and mitigating
its worst-in-thenation lead poisoning crisis.
SUMMARY OF PROVISIONS:
Section one of the bill sets forth legislative findings.
Section two of the bill creates a new Article 16 to the real property
law enacting the "Lead-Based Paint Right to Know Act".
Section 521 of the act sets forth definitions.
Section 522 of the act requires that a building owner must provide to
any buyer, a certificate that such property has been tested for lead-
based paint, and provide the report of such test before executing any
sale of the property.
This section also requires that the building owner file such certificate
and reports with the State Department of Health in the relevant County.
This section also prohibits any local title office from accepting an
instrument of transfer of title unless the required certificate is
provided. Building owners who need to conduct necessary lead-based paint
testing may deduct the cost of such tests from the taxes owed on the
sale of the property.
Section 523 of the act sets forth the duty placed upon agents represent-
ing either the buyer or seller of the property. Agents shall have the
duty to inform their respective party of the rights and requirements
under this law. If one party is not represented by an agent, the agent
of the represented party also has a duty to inform the unrepresented
party.
Section 524 of the act prevents the limitation of any existing legal
cause of action or remedy by this law.
Section three of the bill adds Section 235-aa to the real property law
requiring the disclosure of all lead-based paint test reports prior to
executing any residential lease. This section also sets forth penalties
for owners who violate this section.
Section four of the bill amends Section 462 of the real property law to
include the newly created disclosure requirements onto the Property
Condition Disclosure Statement.
Section five sets forth the effective date of August 1, 2025. Effective
immediately, the addition, amendment, and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
JUSTIFICATION:
Despite federal policies phasing out lead from paint and gasoline in the
1970s, states have largely been left to develop their own lead poisoning
prevention policy. While New York has been a leader in lead policy, the
legacy of lead continues to pose a threat to New Yorkers through contam-
inated house dust, old paint, soil, and water. The main sources of lead
exposure vary from one place to another, but in New York the biggest
catalysts of lead poisoning are the lead hazards in pre-1978 housing.
According to the Centers for Disease Control and Prevention, New York
has more children identified with elevated blood lead levels than any
other states. Over 100,000 young children in the state may have a blood
lead level of 5 micrograms per deciliter (pg/dL) or higher. According to
the Council on Environmental Health, lead-based paint hazards are the
most significant sources of exposure in children. New York also has the
nation's greatest number of housing units, the highest percentage of
pre-1960 and pre-1950 housing, and the oldest housing inventory among
the 50 states. This older housing stock places New Yorkers at greater
risk of exposure to lead hazards. Lead is widely recognized as an issue
of environmental justice because low-income children living in older
housing has the highest risk of lead poisoning.
The mandated disclosure of lead-paint test reports provided for in this
bill will ensure that tenants and homeowners in New York can choose to
move into buildings free of any unknown lead-paint hazards. This bill
will also give state health officials the knowledge of which properties
do and do not have lead paint hazards. By making this information
public, the private market will encourage proactive repair and mainte-
nance to address lead paint hazards.
LEGISLATIVE HISTORY:
2024: Passed Assembly
2023: Passed Assembly
2022: S2142A (Kavanagh) / A6608A (Rivera JD) - THIRD READING/third
Reading
2021: S2142A (Kavanagh) / A6608A (Rivera JD) - THIRD READING/passed
Assembly
2020: S8830 (Kavanagh) - RULES
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect August 1, 2026. Effective immediately, the
addition, amendment, and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.
