Dinowitz, Hevesi, Rodriguez, Meeks, Mamdani, Seawright, Jackson, Galef, Gottfried, Fahy, McMahon,
Clark, Simon, Peoples-Stokes, Cruz, Sayegh, Solages, Hunter, Rivera J, Zinerman, De Los Santos,
Lavine, Rosenthal L, Taylor
MLTSPNSR
Add 3462, Ins L
Relates to prohibiting the exclusion of coverage for losses or damages caused by exposure to lead-based paint; provides that no insurer licensed or permitted by the superintendent to provide liability coverage to rental property owners shall exclude coverage for losses or damages caused by exposure to lead-based paint.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7488A
SPONSOR: Rivera JD TITLE OF BILL:
An act to amend the insurance law, in relation to prohibiting the exclu-
sion of coverage for losses or damages caused by exposure to lead-based
paint
PURPOSE:
This bill would help to protect renters who are exposed to lead-based
paint by prohibiting the exclusion of coverage for losses or damages
caused by exposure to lead-based paint from liability coverage provided
to rental property owners.
SUMMARY OF PROVISIONS:
Section 1: Amends the Insurance Law by adding a new section 3462, which
prohibits exclusion for lead hazards on and after the 26th month follow-
ing the bill taking effect.
Section 2: Sets an immediate effective date.
JUSTIFICATION:
Lead poisoning leads to a multitude of issues that can detrimentally
impact a person throughout their lifetime. It leads to decreased IQ and
cognitive function, developmental delays, and behavioral problems in
children. In adults, lead poisoning can manifest itself in the form of
hypertension and cardiovascular disease. Some have even linked early
exposure to lead with Alzheimer's disease. Extreme levels can cause
severe and immediate consequences, such as seizures, comas, and even
death. The most common cause of lead poisoning in children is the inges-
tion of lead paint from poorly maintained residential housing units.
New York State has a lead poisoning problem. Because lead will remain in
U.S. housing for decades to come, it is important that New York State
take action to protect renters. This bill requires that liability cover-
age include coverage for injuries or damage caused by exposure to lead
paint. If signed into law, this would be an important measure to protect
New Yorkers who are exposed to this dangerous substance.
LEGISLATIVE HISTORY:
2020-2021: A.7488 Passed the Assembly
2019-2020: A.6062 Passed the Assembly
2017-2018: A.7786 Passed the Assembly
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7488--A
Cal. No. 246
2021-2022 Regular Sessions
IN ASSEMBLY
May 11, 2021
___________
Introduced by M. of A. J. D. RIVERA, DINOWITZ, HEVESI, MEEKS, MAMDANI,
SEAWRIGHT, JACKSON, GALEF, GOTTFRIED, FAHY, McMAHON, CLARK, SIMON,
PEOPLES-STOKES -- read once and referred to the Committee on Insurance
-- ordered to a third reading, amended and ordered reprinted, retain-
ing its place on the order of third reading
AN ACT to amend the insurance law, in relation to prohibiting the exclu-
sion of coverage for losses or damages caused by exposure to lead-
based paint
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The insurance law is amended by adding a new section 3462
2 to read as follows:
3 § 3462. Exclusion for lead hazards prohibited. No insurer licensed or
4 permitted by the superintendent to provide liability coverage to rental
5 property owners shall exclude, after twenty-six months following the
6 effective date of this section, coverage for losses or damages caused by
7 exposure to lead-based paint. The department shall not permit, authorize
8 or approve any exclusion for injury or damage resulting from exposure to
9 lead-based paint, except as specifically provided for in law, that was
10 not in effect as of the effective date of this section, and all previ-
11 ously approved exclusions shall terminate on or before twenty-six months
12 following the effective date of this section.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05070-03-2
