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A03432 Summary:

BILL NOA03432
 
SAME ASNo Same As
 
SPONSORBichotte
 
COSPNSR
 
MLTSPNSR
 
Rpld & add 1370, rpld 1373 & 1375, amd 1370-a, 1370-b & 1370-c, add 1370-f, 1373 & 1375 - 1379-a, Pub Health L; add 236-a & 242-a, RP L; amd 210-B & 606, Tax L; add 99-ff, St Fin L; amd 302-a, Mult Dwell L; amd 305-a, Mult Res L; add 131-y, amd 143-b & 390-a, Soc Serv L; add 3441, Ins L
 
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.
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A03432 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3432
 
SPONSOR: Bichotte
  TITLE OF BILL: An act to amend the public health law, the real prop- erty law, the tax law, the state finance law, the multiple dwelling law, the multiple residence law, the social services law and the insurance law, in relation to enacting the "childhood lead poisoning prevention and safe housing act of 2019"; and to repeal certain provisions of the public health law relating thereto   PURPOSE: To improve New York's current laws that focus on secondary prevention. Lead poisoning causes irreparable damage, it is now widely accepted that primary prevention is the key to ending lead poisoning. We cannot wait until the detection of elevated lead in a child's blood before acting to remedy the environmental sources of it. New York's children should not be used as the litmus test for detecting and correcting lead hazards.   SUMMARY OF PROVISIONS: New York still has over 10,000 children identified each year with blood lead levels that are considered "elevated." The proposed bill would require the state Department of Health (NYSDOH) to oversee and implement intensive primary prevention plans in communities with the greatest number of cases of lead poisoning in the previous year. NYSDOH would work with county departments of health to coordinate local efforts. Cities, towns and villages would be encouraged to enter into agreements with the state to implement aspects of the program locally. Various other sections of law would be amended to accomplish the goals of this legislation, including the Real Property, Tax, Multiple Dwelling, Social Services and Insurance Laws. A cornerstone of the primary prevention approach is the requirement that all rental properties built before 1970 (except, multiple dwellings in New York City, which are already covered by Local Law 1 of 2004) be certified as either "lead free," "lead contained," or "lead stabilized" and periodically re-certified to ensure that they do not present a lead hazard if persons at risk of lead poisoning (young children and pregnant women) reside there. Properties would need to meet the standards within two years of passage of the law. Primary prevention would be accomplished by requesting investigations at least annually by property owners, by certified inspectors every three years for "lead-contained" and "lead stabilized" properties, upon renting/leasing a dwelling; and sooner and more frequently if there was a reasonable basis to believe that a condition existed that was condu- cive to creating a lead hazard. For example, if a leak caused damage that compromised the painted surface making it susceptible to produce chipping, peeling or otherwise create lead dust. The inspection and certification requirement would apply to rental dwellings built before 1970 in New York (except New York City multiple dwellings). The legislation also would strengthen some of the inspection and disclosure requirements for home sales. The state would be required to focus its efforts and resources on 30 municipalities and areas within communities that have the highest concentrations of children testing with elevated blood lead levels. The bill also would require inter- vention by local health departments whenever a child has a level of 10 micrograms of lead per deciliter of blood ("ug/dL") or greater. The Health commissioner would be authorized to set a lower threshold. Dust wipe clearance tests would be required after lead clean ups are conducted to ensure that they had been performed properly and the dwell- ing was safe for a child to return. This legislation would create tax credits for property owners and require the state to issue bonds to create a revolving loan fund to provide resources for low-coat or no-cost loans for property owners to comply with the law and eliminate or reduce lead hazards. These tax credits and loans would also apply to multiple dwellings in New York City.   JUSTIFICATION: Each year in New York State an additional 10,000 children under the age of six years are newly identified as having blood lead levels of 10 ug/dL or greater, the action level under federal Centers for Disease control and Prevention ("CDC") guidelines. The actual number of cases is undoubtedly much higher, given that only about 1/3 of one and two year olds are screened as required by state law. Although New York state banned the sale of lead paint in 1970 (1.1970, ch. 338), seventy-four percent of New York's housing stock has constructed prior to 1970. New York State has both the largest percent- age and the largest absolute number of older housing units with lead paint in the nation, and the second highest number of children with elevated blood lead levels. Medical research indicates that children can suffer permanent, irrepara- ble damage at blood levels even lover than 10 ug/dL, and that there is no level of lead ingest, ion which is without adverse impact. Medical research also indicates that fetal injuries from ingested lead can occur if women have elevated blood levels during pregnancy. Moreover, there is no level of lead ingestion that does not injure children. Lead poisoning results in the impairment of the ability to think, concentrate and learn. Prevention is the only way to protect children from irreversible damage. Because of this, intervention measures that wait until children have been exposed have limited benefits, and the pursuit of primary prevention, which means eliminating lead hazards before children are exposed, has been recommended by the CDC, the U.S. Department of Housing and Urban Development ("HUD"), and promoted by leading, experts in the field as a critical course or action to protect the health of young children. As the CDC has stated: Evidence suggests that the benefits of secondary prevention are limited. To ensure successful elimination of elevated (blood lead levels) in children, programs must not rely solely on screening and secondary prevention but also focus on preventing lead exposure through the imple- mentation of housing-based primary prevention. According to "PREVENTING LEAD EXPOSURE IN YOUNG CHILDREN, A HOUSING-BASED APPROACH TO PRIMARY PREVENTION OF LEAD POISONING," October 2004, ct 9., exposure to deteriorating lead-based paint in older resi- dences results in increased expenses each year for the state of New York in the form Of special education and other education expenses, medical care for lead poisoned children, and expenditures for delinquent youth and others needing special supervision. While lead paint hazards are found in urban, suburban and rural areas, data compiled by HUD shows that the greatest lead poisoning threats are in those areas with older, deteriorated housing, primarily rentals, where lower income and non-white New Yorkers reside. Unfortunately, while the public health dimensions of lead paint in New York's housing stock has long been recognized, the regulatory response remains inadequate. In fact, back in 1970, in New York's first attempt to limit the lead poisoning epidemic by enacting Title X of Article 13 of the public Health Law (codified at PHL S 1370 et seg.), the legisla- ture declared: The occurrence of the disease of lead poisoning in children has became a major public health concern. Severe lead poisoning cases result in death or mental retardation. It is estimated that children in our nation with abnormally high blood levels of lead number in the hundreds of thou- sands. Many thousands of children in the cities of our state are actual or potential victims of lead poisoning. The disease of lead poisoning is most prevalent in areas of old and deteriorating housing where leaded paint and plaster in a peeling condition is accessible for ingestion by young children. Lead poisoning is a disease which will require the concerted effort of public health agencies and other agencies concerned with the availabili- ty of healthful housing for the people of our state before the disease can be brought under control and its incidence reduced. Nearly four decades later, New York still lacks critical mechanisms to control, avoid, and abate lead-based paint hazards in the dwellings of vulnerable children before they become irreparably harmed. While the NYSDOH has called for the elimination of childhood lead poisoning in New York state by 2010, these goals cannot be met unless a comprehensive, primary prevention approach becomes the law of this State.   LEGISLATIVE HISTORY: A.2087-a of 2009-2010 (Peoples- Stokes): Died in Health S.2412 of 2015-2016 (Perkins): Died in Health S.1568 of 2013-2014 (Perkins): Died in Health S.2419-A of 2011-2012 (Perkins): Died in Health S.1002-A of 2009-2010 (Perkins): Died in Health / Died in Finance A.2087-A of 2009-2010 (Peoples - Stokes): Died in Health S.4121-A of 2007-2008(Perkins) : Died in Health A.7533A of 2007-2008 (People- Stokes): Died in Health   FISCAL IMPLICATIONS: Unable to determine at this time.   LOCAL FISCAL IMPLICATIONS: Unable to determine at this time.   EFFECTIVE DATE: Immediately.
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A03432 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3432
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2019
                                       ___________
 
        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 multiple dwelling  law,  the  multiple
          residence  law,  the  social  services  law  and the insurance law, in
          relation to enacting the "childhood lead poisoning prevention and safe
          housing act of 2019"; 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 2019".
     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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07384-01-9

        A. 3432                             2
 
     1  recommended by  the  United  States  centers  for  disease  control  and
     2  prevention  and  promoted  by leading experts in the field as a critical
     3  course of action to protect the health of young children.
     4    (c)  The predominant cause of lead poisoning in children is the inges-
     5  tion of lead particles from deteriorating or  abraded  lead-based  paint
     6  from older and poorly maintained residences.
     7    (d) Deteriorating lead-based paint or excessive amounts of lead-conta-
     8  minated dust in these poorly maintained homes endangers the intellectual
     9  and  emotional development and physical well being of affected children.
    10  In addition, unsafe work practices that inadequately control  lead  dust
    11  in  the  repair  or renovation of older homes can cause substantial lead
    12  hazards.
    13    (e) Although New York state banned the sale of  lead  paint  in  1970,
    14  (l.1970,  ch.  338) seventy-four percent of New York's housing stock was
    15  constructed prior to 1970. At least ninety percent of  lead-based  paint
    16  still  remaining  in occupied housing exists in units built before 1960.
    17  New York state has both the largest percentage and the largest  absolute
    18  number of older housing units with lead paint in the nation.
    19    (f)  The  dangers  posed  by  lead-based  paint  can  be substantially
    20  reduced, although not eliminated, by taking measures  to  prevent  paint
    21  deterioration  and  limiting children's exposure to paint chips and lead
    22  dust.
    23    (g) The deterioration of lead-based paint in older residences  results
    24  in increased expenses each year for the state of New York in the form of
    25  special  education  and other education expenses, medical care for lead-
    26  poisoned children, and expenditures  for  delinquent  youth  and  others
    27  needing special supervision.
    28    (h) Older housing units remain an important part of New York's housing
    29  stock,  particularly for those of modest or limited incomes. The problem
    30  of lead-based paint in housing affects urban, suburban and  rural  areas
    31  of the state.
    32    (i)  The existing housing codes and enforcement systems in most juris-
    33  dictions do not include primary prevention measures for lead hazards and
    34  have proven  ineffective  in  encouraging  widespread  lead-based  paint
    35  hazard abatement, mitigation, and control.
    36    (j) The financial incentives currently in place have not proven suffi-
    37  cient to motivate landlords and other property owners to undertake wide-
    38  spread  and effective lead-based paint hazard abatement, mitigation, and
    39  control; moreover low and moderate income property owners may  not  have
    40  access  to  the  resources  to  eliminate  or  reduce substantially lead
    41  hazards.
    42    (k) Insurance companies are reluctant to provide coverage to  property
    43  owners  in the absence of evidence that lead hazards have been appropri-
    44  ately addressed.
    45    (l) Knowledge of lead-based paint hazards, their control,  mitigation,
    46  abatement, and risk avoidance is not sufficiently widespread, especially
    47  outside urban areas.
    48    2. The purposes of this act are: (a) to increase the supply of afford-
    49  able rental housing in the state of New York in which measures have been
    50  taken  to  eliminate  or substantially reduce the risk of childhood lead
    51  poisoning;
    52    (b) to ensure that New York's response  to  lead-based  paint  hazards
    53  focuses  on primary prevention as the essential tool to combat childhood
    54  lead poisoning, and thus to substantially reduce, and eventually  elimi-
    55  nate,  the  incidence  of  childhood  lead poisoning in the state of New
    56  York;

        A. 3432                             3
 
     1    (c) to establish and make enforcement of lead hazard control standards
     2  in the state of New York more certain and more effective;
     3    (d)  to  improve public awareness of lead safety issues and to educate
     4  both property owners and tenants about practices  that  can  reduce  the
     5  incidence of lead poisoning;
     6    (e)  to  provide access to the resources for property owners and land-
     7  lords who commit to undertake specified lead hazard reduction  measures;
     8  and
     9    (f)  to  facilitate  the  availability  and affordability of liability
    10  insurance protection to those landlords and other owners  who  undertake
    11  specified lead hazard reduction measures.
    12    §  3.  Section  1370  of  the  public health law is REPEALED and a new
    13  section 1370 is added to read as follows:
    14    § 1370. Definitions.    1.  "Abatement"  means  any  set  of  measures
    15  designed  to  permanently eliminate lead-based paint or lead-based paint
    16  hazards. Abatement includes the removal of lead-based paint, the  perma-
    17  nent  enclosure or encapsulation of lead-based paint, the replacement of
    18  components or fixtures painted with lead-based paint, and the removal or
    19  permanent covering of soil-based hazards.
    20    2. "Affected property" means a room or group of rooms within a proper-
    21  ty constructed before nineteen hundred seventy that form a single  inde-
    22  pendent  habitable  dwelling unit for occupation by one or more individ-
    23  uals that has living facilities with permanent  provisions  for  living,
    24  sleeping,  eating, cooking, and sanitation. "Affected property" does not
    25  include:
    26    (a) an area not used for living, sleeping, eating, cooking, or sanita-
    27  tion, such as an unfinished basement, that is not readily accessible  to
    28  children under seven years of age;
    29    (b)  a  unit  within  a hotel, motel, or similar seasonal or transient
    30  facility unless such unit is occupied by one or more persons at risk for
    31  a period exceeding thirty days;
    32    (c) an area which is secured and inaccessible to occupants;
    33    (d) a unit which is not offered for rent or incident to employment;
    34    (e) housing for the elderly,  or  a  residential  property  designated
    35  exclusively  for  persons with disabilities; except this exemption shall
    36  not apply if a person at risk resides or is expected to  reside  in  the
    37  dwelling unit or visits the dwelling unit on a regular basis;
    38    (f)  an unoccupied dwelling unit or residential property that is to be
    39  demolished, provided the dwelling unit or property will  remain  unoccu-
    40  pied until demolition; or
    41    (g)  in  cities of more than one million population, a multiple dwell-
    42  ing, as defined in section four of the multiple dwelling law.
    43    "Affected property" also excludes any property owned or operated by  a
    44  unit  of federal, state, or local government, or any public, quasi-publ-
    45  ic, or municipal corporation, if the property is subject to lead  stand-
    46  ards  that  are  equal  to, or more stringent than, the requirements for
    47  lead-stabilized status  under  subdivision  three  of  section  thirteen
    48  hundred  seventy-six  of  this  title,  but does include privately-owned
    49  properties that receive governmental rental assistance.
    50    3.   "Area of high risk" means an  area  designated  as  such  by  the
    51  commissioner  or his or her representative and consisting of one or more
    52  dwellings in which a condition conducive to lead poisoning  of  children
    53  is  present or, additionally, any census tract or block group within the
    54  state where, during any single year, more than twenty-five children have
    55  been identified with elevated blood lead levels.

        A. 3432                             4
 
     1    4. "Change in occupancy" means a change of tenant in an affected prop-
     2  erty in which the property is vacated and possession is  either  surren-
     3  dered to the owner or abandoned.
     4    5.   "Chewable surface" shall mean a protruding interior windowsill in
     5  a dwelling unit in an affected property that is readily accessible to  a
     6  child under age seven. "Chewable surface" shall also mean any other type
     7  of interior edge or protrusion in a dwelling unit in an affected proper-
     8  ty,  such  as  a  rail or stair, where there is evidence that such other
     9  edge or protrusion has been chewed or where an occupant has notified the
    10  owner that a child under age seven residing in  that  affected  property
    11  has mouthed or chewed such edge or protrusion.
    12    6.  "Communities  of concern" means those thirty municipalities in the
    13  state that  have  the  greatest  numbers  of  children  identified  with
    14  elevated blood lead levels in the prior calendar year within the meaning
    15  of subdivision fourteen of this section.
    16    7.  "Condition  conducive  to  lead poisoning" means: (a) a lead-based
    17  paint hazard; and/or (b) other environmental conditions which may result
    18  in significant lead exposure, including soil-lead hazards.
    19    8. "Containment" means the physical measures taken to ensure that dust
    20  and debris created or released during lead-based paint hazard  reduction
    21  are  not  spread,  blown, or tracked from inside to outside of the work-
    22  site.
    23    9. "Council" means the advisory council on lead  poisoning  prevention
    24  established  pursuant  to  section  thirteen  hundred  seventy-b of this
    25  title.
    26    10.   "Deteriorated paint" means any interior  or  exterior  paint  or
    27  other  coating  that  is curling, scaling, flaking, blistering, peeling,
    28  chipping, chalking, cracking, or loose in any manner, such that a  space
    29  or  pocket  of air is behind a portion thereof or such that the paint is
    30  not completely adhered to the underlying  subsurface,  or  is  otherwise
    31  damaged or separated from the substrate.
    32    11. "Deteriorated subsurface" shall mean an unstable or unsound paint-
    33  ed  subsurface,  an indication of which can be observed through a visual
    34  inspection, including, but not limited to, rotted or  decayed  wood,  or
    35  wood or plaster that has been subject to moisture or disturbance.
    36    12.  "Dwelling"  means  a  building  or  structure or portion thereof,
    37  including the property occupied by and  appurtenant  to  such  dwelling,
    38  which is occupied in whole or in part as the home, residence or sleeping
    39  place  of one or more human beings and shall, without limiting the fore-
    40  going, include child care facilities for children under seven  years  of
    41  age, kindergartens and nursery schools.
    42    13. "Dwelling unit" means a:
    43    (a)  single-family  dwelling,  including  attached  structures such as
    44  porches and stoops; or
    45    (b) housing unit in a structure that contains more than  one  separate
    46  housing  unit,  and  in  which  each  such  unit is used or occupied, or
    47  intended to be used or occupied, in whole or in part,  as  the  home  or
    48  separate living quarters of one or more persons.
    49    14.  "Elevated  blood  lead  level"  means a quantity of lead in whole
    50  venous blood, expressed in micrograms per deciliter (ug/dl), of 10 ug/dl
    51  or greater, or such other more stringent level as  may  be  specifically
    52  provided in this title or adopted in regulation by the department pursu-
    53  ant to rule or regulation.
    54    15.  "Encapsulation"  means  the  application of a covering or coating
    55  that acts as a barrier between the lead-based paint and the  environment
    56  and  that  relies for its durability on adhesion between the encapsulant

        A. 3432                             5
 
     1  and the painted surface, and on the  integrity  of  the  existing  bonds
     2  between paint layers and between the paint and the substrate. Encapsula-
     3  tion  may  be  used  as  a  method  of  abatement  if it is designed and
     4  performed so as to be permanent.
     5    16. "Exterior surfaces" means:
     6    (a)  all  fences  and  porches  that are part of a dwelling that is or
     7  contains an affected property;
     8    (b) all outside surfaces of a dwelling that is or contains an affected
     9  property that are accessible to a child under the age of seven and that:
    10    (1) are attached to the outside of such dwelling; or
    11    (2) consist of other buildings that are appurtenant to such  dwelling,
    12  such as a garage or shed; and
    13    (c)  all  painted  surfaces  in  stairways,  hallways, entrance areas,
    14  recreation areas, laundry areas, and garages within a multifamily dwell-
    15  ing that are common to individual dwelling units, one or more  of  which
    16  constitutes  an  affected  property, and are accessible to a child under
    17  the age of seven.
    18    17.  "Friction surface" means an interior or exterior painted  surface
    19  that  touches  or  is in contact with another surface, such that the two
    20  surfaces are capable of relative motion and abrade, scrape, or bind when
    21  in relative motion. Friction surfaces shall include, but not be  limited
    22  to, window frames and jambs, doors, and hinges.
    23    18.  "g"  means gram, "mg" means milligram (thousandth of a gram), and
    24  "ug" means microgram (millionth of a gram).
    25    19. "Hazard reduction" means measures designed to reduce or  eliminate
    26  human exposure to lead-based hazards.
    27    20.  "Health care provider" means any health care practitioner author-
    28  ized to order a blood lead test and any facility  licensed  pursuant  to
    29  article twenty-eight of this chapter.
    30    21.  "High  efficiency  particle  air vacuum" or "hepa-vacuum" means a
    31  device capable of filtering out particles of 0.3 microns or greater from
    32  a body of air at an  efficiency  of  99.97%  or  greater;  "hepa-vacuum"
    33  includes use of a hepa-vacuum.
    34    22.    "Impact  surface" means an interior or exterior painted surface
    35  that shows evidence, such as marking, denting, or chipping, that  it  is
    36  subject  to  damage  by  repeated sudden force, such as certain parts of
    37  door frames, moldings, or baseboards.
    38    23. "Inspection" means a comprehensive survey by a properly accredited
    39  person to determine the presence  of  lead-based  paint  and  lead-based
    40  paint  hazards  and  the provision of a report explaining the results of
    41  the inspection.
    42    24. "Interior windowsill" means a portion  of  the  horizontal  window
    43  ledge that is protruding into the interior of a room.
    44    25.  "Investigation" means an examination conducted by the owner of an
    45  affected property, the owner's agent or employee, or someone retained by
    46  the owner, in accordance with the requirements established by the deputy
    47  commissioner, to determine whether the affected property meets the stan-
    48  dards of lead-stabilized status  as  defined  in  subdivision  three  of
    49  section thirteen hundred seventy-six of this title.
    50    26.  "Lead-based  paint"  means paint or other similar surface coating
    51  material containing 1.0 milligrams of  lead  per  square  centimeter  or
    52  greater,  as  determined by laboratory analysis, or by an x-ray fluores-
    53  cence analyzer. If an x-ray  fluorescence  analyzer  is  used,  readings
    54  shall be corrected for substrate bias when necessary as specified by the
    55  performance characteristic sheets released by the United States environ-
    56  mental protection agency and the United States department of housing and

        A. 3432                             6
 
     1  urban  development  for  the  specific x-ray fluorescence analyzer used.
     2  X-ray fluorescence readings shall be classified as positive, negative or
     3  inconclusive in accordance with the United States department of  housing
     4  and urban development guidelines for the evaluation and control of lead-
     5  based  paint  hazards  in  housing  (June  1995,  revised  1997) and the
     6  performance characteristic sheets released by the United States environ-
     7  mental protection agency and the United States department of housing and
     8  urban development for the specific  x-ray  fluorescence  analyzer  used.
     9  X-ray  fluorescence  readings that fall within the inconclusive zone, as
    10  determined by the performance characteristic sheets, shall be  confirmed
    11  by  laboratory  analysis  of  paint  chips, results shall be reported in
    12  milligrams of lead per square centimeter and the measure of such labora-
    13  tory analysis shall be definitive. If laboratory  analysis  is  used  to
    14  determine  lead content, results shall be reported in milligrams of lead
    15  per square centimeter. Where the surface area of  a  paint  chip  sample
    16  cannot  be  accurately  measured or if an accurately measured paint chip
    17  sample cannot be removed, a  laboratory  analysis  may  be  reported  in
    18  percent  by  weight. In such case, lead-based paint shall mean any paint
    19  or other similar surface-coating material containing more than  0.5%  of
    20  metallic  lead,  based on the non-volatile content of the paint or other
    21  similar surface-coating material.
    22    27. "Lead-based paint hazard" means any condition in, or proximate to,
    23  a dwelling or dwelling unit occupied by a person  at  risk  that  causes
    24  exposure to lead from lead-contaminated dust, from lead-based paint that
    25  is  deteriorated,  or  from lead-based paint that is present on chewable
    26  surfaces,  deteriorated  subsurfaces,  friction  surfaces,   or   impact
    27  surfaces, or in soil, that would result in adverse human health effects.
    28    28.  "Lead-contained"  means property that has attained lead-contained
    29  property status within the meaning of subdivision six of  section  thir-
    30  teen hundred seventy-six of this title.
    31    29.  "Lead-contaminated  dust" means surface dust that contains a mass
    32  per area concentration of lead equal to or exceeding 40  micrograms  per
    33  square  foot ("ug/ft2") on floors, or 250 ug/ft2 on interior windowsills
    34  based on wipe sample, or 400 ug/ft2 on window wells, or such more strin-
    35  gent standards as may be adopted by the department.
    36    30. "Lead-free" means property that has  attained  lead-free  property
    37  status  within  the  meaning  of  subdivision  five  of section thirteen
    38  hundred seventy-six of this title.
    39    31. "Lead-stabilized" means property that has attained lead-stabilized
    40  property status within the meaning of subdivision four of section  thir-
    41  teen hundred seventy-six of this title.
    42    32.  "Local  designee"  means  a  municipal, county, or other official
    43  designated by the deputy commissioner of public  health  as  responsible
    44  for  assisting  the  designating authority, relevant state agencies, and
    45  relevant county and municipal authorities, in  implementing  the  activ-
    46  ities specified by this article for the localities.
    47    33.  "Occupant" means any individual living or sleeping in a building,
    48  or having possession of a space within a building.
    49    34. "Owner" means a person, firm, corporation, nonprofit organization,
    50  partnership, government, guardian, conservator, receiver, trustee, exec-
    51  utor, or other judicial officer, or other entity which,  alone  or  with
    52  others, owns, holds, or controls the freehold or leasehold title or part
    53  of  the  title to property, with or without actually possessing it. Such
    54  term includes a vendee who possesses the title, but does not  include  a
    55  mortgagee  or  an  owner  of a reversionary interest under a ground rent

        A. 3432                             7
 
     1  lease.  "Owner" includes any authorized agent of the owner, including  a
     2  property manager or leasing agent.
     3    35.  "Permanent"  means  an  expected  design  life of at least twenty
     4  years.
     5    36. "Person" means any natural person.
     6    37. "Person at risk" means a child under the age of seven years  or  a
     7  pregnant woman who resides in an affected property.
     8    38.  "Program"  means  the  lead  poisoning  prevention program in the
     9  department established pursuant to section thirteen hundred seventy-a of
    10  this title.
    11    39. "Relocation expenses" means all expenses necessitated by the relo-
    12  cation of a tenant's household to housing free of lead hazards,  includ-
    13  ing, but not limited to, moving and hauling expenses, the hepa-vacuuming
    14  of  all upholstered furniture, laundering of clothes and linens, payment
    15  of a security deposit for the relocation housing, and  installation  and
    16  connection of utilities and appliances.
    17    40.  "Soil-lead  hazard" means soil in a play area where the soil-lead
    18  concentration from a composite play area sample of bare soil is equal to
    19  or greater than 400 parts per million; or in the rest of the  yard  when
    20  the  arithmetic  mean  lead  concentration  from  a composite sample (or
    21  arithmetic mean of composite samples) of bare soil from the rest of  the
    22  yard  (i.e., non-play areas) is equal to or greater than 1,200 parts per
    23  million.
    24    41. "Tenant" means the individual named as  the  lessee  in  a  lease,
    25  rental  agreement  or other form of occupancy agreement, whether written
    26  or oral, for a dwelling unit, and includes tenancies incident to employ-
    27  ment.  Where applicable, the term "tenant" shall also include any  occu-
    28  pant of the tenant's household.
    29    42. "Wipe sample" means a sample collected by an appropriately accred-
    30  ited person wiping a representative surface of known area, as determined
    31  by  American Society for Testing Materials (ASTM) e1728 ("standard prac-
    32  tice for the field collection of settled dust samples using wipe  sampl-
    33  ing  methods for lead determination by atomic spectrometry techniques"),
    34  with lead determination conducted by an  accredited  laboratory  partic-
    35  ipating  in  the  environmental  lead  laboratory  accreditation program
    36  (nlap).
    37    § 4. Subdivision 2 of section 1370-a of  the  public  health  law,  as
    38  added  by  chapter  485  of  the laws of 1992, paragraphs (a) and (c) as
    39  amended by section 4 of part A of chapter 58 of the  laws  of  2009,  is
    40  amended  and  three  new  subdivisions  4,  5 and 6 are added to read as
    41  follows:
    42    2. The department shall:
    43    (a) identify and designate as communities of concern the thirty  muni-
    44  cipalities  in the state having the greatest numbers of children identi-
    45  fied with elevated blood lead levels, and,  in  cooperation  with  local
    46  health  officials  and  municipal  officials,  develop  a  local primary
    47  prevention plan for each community of concern  to  prevent  exposure  to
    48  lead  consistent  with  this  title.   The commissioner is authorized to
    49  enter into and shall enter into agreements or memoranda of understanding
    50  with, and provide technical  and  other  resources  to,  communities  of
    51  concern  and  shall  ensure  that  the  primary  prevention plan targets
    52  persons at risk living in the  highest  risk  affected  housing  in  the
    53  community.   Municipalities identified by the commissioner shall cooper-
    54  ate fully with the department in the formulation and  implementation  of
    55  the primary prevention plan for the designated community of concern;

        A. 3432                             8
 
     1     (b)  identify and designate as areas of high risk any census tract or
     2  block group in the state in which during  any  single  year,  more  than
     3  twenty-five  children  have  been  identified  with  elevated blood lead
     4  levels. In such areas of high risk, the department shall further require
     5  that  the county commissioner of health, in cooperation with appropriate
     6  local municipal officials, prioritize and implement  the  inspection  of
     7  affected  properties  with persons at risk, and require the abatement of
     8  lead-based paint hazards, or the stabilization of all conditions  condu-
     9  cive  to  lead  poisoning  in these inspected units using lead safe work
    10  practices, in accordance with the definitions  and  provisions  of  this
    11  title;
    12    (c)  promulgate  and  enforce  regulations [for screening children and
    13  pregnant women, including requirements for blood lead testing, for  lead
    14  poisoning,  and  for  follow  up of children and pregnant women who have
    15  elevated blood lead levels] necessary  for  the  implementation  of  all
    16  portions  of  this  title,  except where responsibility for implementing
    17  specific portions of this title is specifically assigned to the  commis-
    18  sioner  of housing and community renewal or to the commissioner of taxa-
    19  tion and finance;
    20    [(b)] (d) enter into interagency agreements to coordinate lead poison-
    21  ing prevention, exposure reduction, identification and treatment  activ-
    22  ities  and lead reduction activities with other federal, state and local
    23  agencies and programs;
    24    [(c)] (e) establish a statewide registry of lead  levels  of  children
    25  provided  such  information is maintained as confidential except for (i)
    26  disclosure for medical treatment purposes; (ii) disclosure of  non-iden-
    27  tifying  epidemiological  data; and (iii) disclosure of information from
    28  such registry to the statewide immunization  information  system  estab-
    29  lished by section twenty-one hundred sixty-eight of this chapter; and
    30    [(d)]  (f)  develop  and  implement  public  education  and  community
    31  outreach programs on lead exposure, detection and risk reduction.
    32    4. The commissioner  or  the  commissioner's  designee  shall  develop
    33  culturally  and linguistically appropriate information pamphlets regard-
    34  ing childhood lead poisoning, the importance  of  testing  for  elevated
    35  blood  lead levels, prevention of childhood lead poisoning, treatment of
    36  childhood lead poisoning, and tenants' and owners' rights and  responsi-
    37  bilities  under  this  title.    These  information  pamphlets  shall be
    38  distributed as follows:
    39    (a) by the owner of any affected property or  his  or  her  agents  or
    40  employees  at  the time of the initiation and renewal of a rental agree-
    41  ment to the tenant;
    42    (b) by the health care provider to the parent or guardian of  a  child
    43  at  the time of a child's birth and at the time of any childhood immuni-
    44  zation or  vaccine  unless  it  is  established  that  such  information
    45  pamphlet has been provided previously to the parent or legal guardian by
    46  the  health  care  provider  within the prior twelve months. Health care
    47  providers shall also revise their patient forms to include a reminder to
    48  check the lead screening status of each child under six years of age;
    49    (c) by the owner or operator of any child care  facility,  pre-school,
    50  or  kindergarten  class  on or before October fifteenth of each calendar
    51  year, to the parent or guardian of a child enrolled in such facility;
    52    (d) by an obstetrician or gynecologist to each patient of  child-bear-
    53  ing  age  at  the  patient's  first  visit  and at each pregnancy of the
    54  patient; and

        A. 3432                             9
 
     1    (e) by the provider of the women, infants and children program to each
     2  person enrolled in such program and upon enrollment and annually  there-
     3  after.
     4    5. Within three months after the close of the fiscal year, the commis-
     5  sioner shall report to the advisory council established in section thir-
     6  teen  hundred seventy-b of this title on the department's implementation
     7  of this section during  the  preceding  period.  Such  report  shall  be
     8  publicly available and shall include, at a minimum, a detailed statement
     9  of  revenue  and expenditures and statement of the department's program,
    10  supported by a statistical section with geographic indexing designed  to
    11  provide  a detailed explanation of the department's enforcement, includ-
    12  ing but not limited to the following:
    13    (a) a statistical profile of dwellings in which violations  have  been
    14  placed  pursuant to this title, indicating the ages of the dwellings and
    15  other factors relevant to the prevalence of  lead-based  paint  hazards,
    16  which  may  include  the prior lead poisoning of a person at risk in the
    17  dwelling, outstanding violations, emergency repair charges, tax  arrears
    18  and mortgage debt;
    19    (b)  the number of dwelling units inspected by the department or other
    20  state or local agency pursuant to this title, the number of  such  units
    21  where a person at risk resided, and the number of inspectors assigned to
    22  conduct such inspections;
    23    (c)  the  number of dwelling units in which the occupant complained of
    24  peeling paint or a deteriorated subsurface and the number  of  pre-nine-
    25  teen  hundred  seventy  dwelling  units  in  which the existence of such
    26  conditions were confirmed by the department  or  other  state  or  local
    27  agency;
    28    (d)  the  number  of  dwelling units where a person at risk resides in
    29  which a violation  was  placed  pursuant  to  this  title,  whether  the
    30  violation  was  placed  in response to an occupant's complaint or other-
    31  wise;
    32    (e) an evaluation of the department's capability  to  timely  inspect,
    33  serve a notice of violation, and enforce the correction of violations;
    34    (f)  an  evaluation of the department's implementation of a program of
    35  inspection pursuant to  subdivision  six  of  section  thirteen  hundred
    36  seventy-seven of this title; and
    37    (g) a tabulation of all municipalities, census tracts, or census block
    38  groups  which  have  in  any  year  more  than twenty-five children with
    39  elevated blood lead levels, including totals of the number  of  children
    40  with such elevated blood lead levels by five point increments.
    41    6.  The  commissioner  shall designate a deputy commissioner of health
    42  responsible for fulfilling the objectives of this title when such objec-
    43  tives involve the responsibilities of the department.
    44    § 5. Section 1370-b of the public health law is amended  by  adding  a
    45  new subdivision 4 to read as follows:
    46    4.  The  department  shall make recommendations to amend this title if
    47  any of the following conditions occur:
    48    (a) In fiscal year two thousand fifteen,  the  rate  of  children  who
    49  obtain  blood-lead  testing  in compliance with section thirteen hundred
    50  seventy-c of this title is less than seventy-five percent;
    51    (b) In fiscal year two thousand fifteen, the  number  of  children  in
    52  this  state  whose blood-lead level is equal to or exceeds 10 micrograms
    53  per deciliter is greater than four thousand;
    54    (c) In fiscal year two thousand sixteen,  the  rate  of  children  who
    55  obtain  blood-lead  testing  in compliance with section thirteen hundred
    56  seventy-c of this title is less than ninety percent; or

        A. 3432                            10
 
     1    (d) In fiscal year two thousand sixteen, the  number  of  children  in
     2  this  state  whose blood-lead level is equal to or exceeds 10 micrograms
     3  per deciliter is greater than two thousand.
     4    Such recommendations shall be submitted to the advisory council within
     5  six  months  after  the  close of the fiscal year in which the condition
     6  occurs.
     7    § 6. Subdivision 1 of section 1370-c of  the  public  health  law,  as
     8  added by chapter 485 of the laws of 1992, is amended and four new subdi-
     9  visions 5, 6, 7 and 8 are added to read as follows:
    10    1.  The  department  [is  authorized  to] shall promulgate and enforce
    11  regulations establishing the means by which and the intervals  at  which
    12  [children  and  pregnant  women]  persons  at risk shall be screened for
    13  elevated blood lead levels and for follow up of persons at risk who have
    14  elevated blood lead levels.    The  department  is  also  authorized  to
    15  require  screening  for  lead  poisoning in other high risk groups. At a
    16  minimum, the department shall ensure that all children at both  age  one
    17  year  and at age two years and pregnant women shall be screened and that
    18  all children who are considered at risk up to six years of age shall  be
    19  screened at least once each year.
    20    5. Each health insurer or health maintenance organization shall report
    21  annually  to the department its aggregate data regarding compliance with
    22  the screening requirements pursuant to this  section.  Such  data  shall
    23  detail  the number and percentage of children seen who were ages one and
    24  two, the number and percentage who were screened at  age  one,  and  the
    25  number and percentage who were screened at age two, separately organized
    26  by  zip  code.  This report on screening compliance shall be provided to
    27  the department by March first following the end of  the  calendar  year.
    28  The  comptroller  shall include a review of compliance with this section
    29  in any audit it performs.
    30    6. The department shall include the screening and  reporting  require-
    31  ments  in its contracts for services under the medicaid and child health
    32  plus programs or any other programs funded in  whole  or  in  part  with
    33  state  or  local funds and providing health services to persons at risk,
    34  and shall impose compliance targets and appropriate penalties  or  sanc-
    35  tions in the event such targets are not achieved.
    36    7.  By April fifteenth of each year the department shall report to the
    37  health committees of the senate and assembly and make publicly available
    38  a report on screening rates of  the  preceding  year  pursuant  to  this
    39  section,  including  the  actual  number and estimated percentage of one
    40  year old children and the actual number and estimated percentage of  two
    41  year  old  children screened for blood lead, the actual number and esti-
    42  mated percentage of children screened at both one year of  age  and  two
    43  years of age, the performance of medicaid and child health plus programs
    44  or  any  other  programs funded in whole or in part with state and local
    45  funds and providing health services to persons at risk, and its  actions
    46  to publicize and enforce the obligations on health care providers pursu-
    47  ant to this section.
    48    8.  The department shall promulgate regulations establishing penalties
    49  for knowing violations of subdivision two of this section.
    50    § 7. Sections 1373 and 1375 of the public health law are REPEALED  and
    51  eight new sections 1370-f, 1373, 1375, 1376, 1377, 1378, 1379 and 1379-a
    52  are added to read as follows:
    53    §  1370-f.  Response  to  a  child with elevated blood lead levels and
    54  conditions conducive to lead poisoning.  1. For each person at risk  who
    55  has a confirmed elevated blood lead level, primary health care providers
    56  shall  provide  or  make reasonable efforts to ensure the provision of a

        A. 3432                            11
 
     1  complete diagnostic evaluation; medical  treatment,  if  necessary;  and
     2  referral to the appropriate local or state health unit for environmental
     3  management. A complete diagnostic evaluation shall include at a minimum:
     4  a detailed lead exposure assessment, a nutritional assessment, including
     5  iron status, and, as appropriate, development screening.
     6    2.  The  commissioner or the commissioner's designated representative,
     7  as the appropriate local or state health unit for environmental  manage-
     8  ment,  shall conduct an environmental assessment, which shall include an
     9  emergency inspection in accordance with  subdivision  three  of  section
    10  thirteen hundred seventy-seven of this title, to determine the source of
    11  exposure to lead for any person at risk referred pursuant to subdivision
    12  one of this section.
    13    3.  For  each person at risk who is referred for environmental manage-
    14  ment pursuant to this section, whenever the commissioner or his  or  her
    15  designated  representative determines that a condition conducive to lead
    16  poisoning exists in a dwelling, a written notice and demand for  discon-
    17  tinuance  shall  be  issued  in accordance with section thirteen hundred
    18  seventy-eight of this title.  The  commissioner  or  the  commissioner's
    19  designated  representative shall also immediately notify the appropriate
    20  public welfare department of the issuance of  such  written  notice  and
    21  demand  pursuant  to  section  one  hundred  forty-three-b of the social
    22  services law.
    23    4.   Whenever the commissioner or  his  or  her  representative  shall
    24  designate an area of high risk, other than a census tract or block group
    25  so  designated  pursuant  to  section thirteen hundred seventy-a of this
    26  title he or she may give written notice and demand, served  as  provided
    27  in  section thirteen hundred seventy-eight of this title for the discon-
    28  tinuance of a paint condition conducive to lead poisoning in any  desig-
    29  nated dwelling in such area within a specified period of time.
    30    5.  Whenever  the commissioner or his or her designated representative
    31  has issued a written notice and demand for a discontinuance of a  condi-
    32  tion  conducive  to  lead poisoning, prior to clearing such condition as
    33  meeting the requirements of this title, the commissioner or his  or  her
    34  designated  representative  shall  complete  a  clearance examination to
    35  confirm the safety of the location. Such  clearance  examinations  shall
    36  include  a  visual  assessment, dust sampling, submission of samples for
    37  analysis for lead, interpretation of sampling results,  and  preparation
    38  of  a  report.  Clearance  examinations shall be performed in accordance
    39  with federal guidelines in 24 C.F.R. section 35.1340 or successor  regu-
    40  lation.
    41    § 1373. Safe work practices for activities disturbing lead-based paint
    42  or  paint of unknown lead content in affected properties with persons at
    43  risk.   1. All work performed by an  owner  or  the  owner's  agents  or
    44  contractors,  in  affected  property  occupied by a person or persons at
    45  risk, that disturbs lead-based  paint  or  paint  of  undetermined  lead
    46  content  shall  be  performed  in  accordance with safe work regulations
    47  promulgated by the commissioner. Such  regulations  shall  provide  for,
    48  among other things:
    49    (a) notice to tenants;
    50    (b)  training  requirements,  which  shall  require  that such work be
    51  performed by persons who have, at a minimum,  successfully  completed  a
    52  course  on lead-safe work practices given by or on behalf of the depart-
    53  ment, or the division of housing and community renewal,  by  the  United
    54  States  environmental protection agency or an entity authorized by it to
    55  give such course, or by the United  States  department  of  housing  and
    56  urban development or an entity authorized by it to give such course;

        A. 3432                            12
 
     1    (c) precautions to prevent entry into the work area by occupants until
     2  clean-up is completed and for temporary relocation provided by the owner
     3  for  the occupants of a dwelling or dwelling unit to appropriate housing
     4  when work cannot be performed safely;
     5    (d)  precautions  to  prevent  the  dispersion of lead dust and debris
     6  during the work;
     7    (e) prohibited practices of lead paint removal, including dry scraping
     8  and sanding, use of power tools without proper  environmental  controls,
     9  and the use of toxic substances;
    10    (f) proper daily and final clean-up requirements;
    11    (g) dust wipe clearance testing;
    12    (h)  pre-notification  of local municipal code enforcement agencies or
    13  health departments, where appropriate; and
    14    (i) exceptions for small jobs that involve disturbing  less  than  two
    15  square feet of lead-based paint or paint of undetermined lead content or
    16  less  than  ten  percent of the total surface area of peeling paint on a
    17  type of component with a small surface area, such  as  a  windowsill  or
    18  door frame.
    19    2.  A tenant shall allow access to an affected property, at reasonable
    20  times, to the owner to perform any work required under this title.
    21    3. If a tenant must vacate an affected property for a period of  twen-
    22  ty-four  hours  or  more in order to allow an owner to perform work that
    23  will disturb the paint on interior surfaces, the owner shall pay to  the
    24  tenant  in  advance  the  reasonable relocation expenses that the tenant
    25  incurs directly related to the required relocation.
    26    4. The deputy commissioner  or  the  deputy  commissioner's  designee,
    27  within  one  hundred  twenty  days  following the effective date of this
    28  section, shall establish guidelines and a trainer's manual for a  "lead-
    29  safe  housing  awareness seminar" with a total class time of three hours
    30  or less.  Such guidelines and materials shall be made available so  that
    31  such  courses  may be offered by professional associations and community
    32  organizations with a training capacity, existing accredited  educational
    33  institutions,  and  for-profit  educational providers. All such offering
    34  proposals shall be reviewed and approved, based on seminar  content  and
    35  qualifications of instructors, by the deputy commissioner of housing and
    36  community renewal or the deputy commissioner's designee.
    37    §  1375.  Accreditation of inspectors and contractors performing work.
    38  1.  No person shall act as a contractor or  supervisor  to  perform  the
    39  work  necessary for lead-based paint hazard abatement as defined in this
    40  title unless that person is accredited pursuant to one of the following:
    41    (a) Regulations that may be adopted by the  commissioner  pursuant  to
    42  this  section  governing  the  accreditation of individuals to engage in
    43  lead-based paint activities sufficient to satisfy the requirements of 40
    44  C.F.R. 745.325 or successor regulations;
    45    (b) Certification by the United States environmental protection agency
    46  to engage in lead-based paint activities pursuant to 40  C.F.R.  745.226
    47  or successor regulation; or
    48    (c)  Certification  by  a  state  or  tribal program authorized by the
    49  United States environmental protection  agency  to  certify  individuals
    50  engaged  in lead-based paint activities pursuant to 40 C.F.R. 745.325 or
    51  successor regulation.
    52    The commissioner  shall,  by  regulation,  create  exceptions  to  the
    53  accreditation  requirement  for instances where the disturbance of lead-
    54  based paint is small and incidental, such as work that disturbs surfaces
    55  of less than either two square feet of peeling lead-based paint per room

        A. 3432                            13

     1  or ten percent of the total surface area of peeling paint on a  type  of
     2  component with a small surface area, such as a windowsill or door frame.
     3    2. No person shall conduct an inspection required by sections thirteen
     4  hundred  seventy-six  and  thirteen hundred seventy-seven of this title,
     5  unless that person is accredited pursuant to one of the following:
     6    (a) regulations that may be adopted by the  commissioner  pursuant  to
     7  this  section  governing  the  accreditation  of individuals eligible to
     8  conduct the inspections required by this title sufficient to satisfy the
     9  requirements of 40 C.F.R. 745.325 or successor regulation; or
    10    (b) certification to conduct inspections by the United States environ-
    11  mental protection agency pursuant to 40 C.F.R. 745.226(b)  or  successor
    12  regulation; or
    13    (c)  certification  by  a  state  or  tribal program authorized by the
    14  United States environmental protection  agency  to  certify  individuals
    15  engaged  in lead-based paint activities pursuant to 40 C.F.R. 745.325 or
    16  successor regulation.
    17    3.  The commissioner may adopt regulations, sufficient to satisfy  the
    18  requirements of 40 C.F.R. 745.325 or successor regulation, governing the
    19  accreditation  of  individuals  engaging  in lead-based paint activities
    20  under this title or eligible to conduct the inspections required by this
    21  title.  The accreditation of such persons pursuant to  such  regulations
    22  shall  extend for a period of three years unless the deputy commissioner
    23  has probable cause to believe a person accredited under this section has
    24  violated the terms of the accreditation or engaged in illegal or  uneth-
    25  ical conduct related to inspections required by this title in which case
    26  the  accreditation  to  perform inspections shall be suspended pending a
    27  hearing in accordance with the provisions of  the  state  administrative
    28  procedure act. The commissioner shall establish by regulation a schedule
    29  of  fees  for  the  accreditation and registration of such persons. Such
    30  fees shall be required to be paid at the time  of  initial  registration
    31  and  at  the  time  of  subsequent renewal of registration, and shall be
    32  sufficient to cover all costs, including the costs of  state  personnel,
    33  attributable to accreditation activities conducted under this section.
    34    (a)  Fees  collected  pursuant  to  this subdivision will be held in a
    35  continuing, non-lapsing  special  fund  to  be  used  for  accreditation
    36  purposes under this section.
    37    (b)  The fund established under this subdivision shall be invested and
    38  reinvested and any investment earnings shall be paid into the fund.
    39    4. Any violation of the provisions of this section shall be  a  misde-
    40  meanor.
    41    §  1376.   Requirements for affected properties occupied by persons at
    42  risk. 1. All affected properties occupied by persons at  risk  shall  be
    43  maintained free of conditions conducive to lead paint poisoning.
    44    2.  Within  two years following the effective date of this section the
    45  owner of any affected property that is occupied by a person at risk must
    46  certify, through a sworn statement in a form prescribed by  the  commis-
    47  sioner,  that  the property meets "lead stabilized" status as defined by
    48  subdivision three of this section and the owner is complying with subdi-
    49  vision two of section thirteen  hundred  seventy-seven  of  this  title,
    50  unless a report has been submitted by a certified inspector stating that
    51  the  property  is  either "lead free" or is "lead contained" as provided
    52  for in subdivision five or six of this section.
    53    3. An affected property will be considered  to  be  "lead  stabilized"
    54  when:
    55    (a)  All  exterior  and  interior  painted surfaces have been visually
    56  reviewed; and all chipping, peeling,  or  flaking  lead-based  paint  or

        A. 3432                            14
 
     1  paint  of unknown lead content on exterior and interior painted surfaces
     2  has been removed and repainted, or stabilized  and  repainted,  and  any
     3  structural defect that is causing or likely to cause lead-based paint or
     4  paint  of unknown lead content to chip, peel, or flake that the owner of
     5  the affected property has knowledge of, or with the exercise of  reason-
     6  able care should have knowledge of, has been repaired; and
     7    (b)  All  window  friction  surfaces with lead-based paint or paint of
     8  unknown lead content have had such paint removed or permanently covered,
     9  such as via the installation of replacement window channels  or  slides,
    10  and  interior  window  troughs and windowsills have been either stripped
    11  and repainted, replaced, or encapsulated with vinyl, metal, or any other
    12  durable materials which render the surface smooth and cleanable; and
    13    (c) All doors and doorways have been adjusted or re-hung as  necessary
    14  to  prevent the rubbing together of any surface with lead-based paint or
    15  paint of unknown lead content with another surface; and
    16    (d) All bare floors have been made smooth and cleanable; and
    17    (e) All work has been completed in compliance with the safe work prac-
    18  tice regulations promulgated pursuant to section thirteen hundred seven-
    19  ty-three of this title; and
    20    (f) At the completion of any activities described in this  subdivision
    21  that disturb lead-based paint or paint of unknown lead content:
    22    (i)  the  interior of the affected property has been HEPA vacuumed and
    23  washed with high phosphate detergent or its equivalent; and
    24    (ii) clearance for lead dust hazards has been achieved  as  determined
    25  by  wipe  samples  in  all areas accessible to persons at risk, taken by
    26  properly accredited independent personnel after completion of all activ-
    27  ities undertaken pursuant to subdivision two of this section.
    28    4. An owner certifying that an affected property  meets  "lead  stabi-
    29  lized"  status  under  subdivision  two of this section shall retain the
    30  sworn certification, which shall be  valid for three years, and make  it
    31  available for inspection by department or local officials, including the
    32  results  of  wipe  tests when conducted, and shall provide a copy of the
    33  certification and wipe test results to the tenant.
    34    5. An affected property will be considered to be "lead-free"  for  the
    35  purposes  of  this section if the owner of the affected property submits
    36  to the deputy commissioner's designee for the jurisdiction in which such
    37  property is located  an  inspection  report  which  indicates  that  the
    38  affected  property  has been tested by an inspector, accredited pursuant
    39  to the provisions of  section  thirteen  hundred  seventy-five  of  this
    40  title,  for the presence of lead in accordance with standards and proce-
    41  dures established by the regulations promulgated by the commissioner and
    42  states under penalties of perjury that there is no lead-based  paint  or
    43  lead-contaminated  dust present on the interior surfaces of the dwelling
    44  unit, no lead-based paint on the interior surfaces of the  common  areas
    45  of  the property, and no lead-based paint present on any of the exterior
    46  surfaces of the property. A copy of the most  recent  inspection  report
    47  shall be provided to the tenant.
    48    6.  An affected property will be considered to be "lead contained" for
    49  the purposes of this section if  the  owner  of  the  affected  property
    50  submits  a  report  by a certified inspector, accredited pursuant to the
    51  provisions of section thirteen hundred seventy-five of this title, which
    52  indicates that the affected property has been tested for the presence of
    53  lead-based paint and lead-contaminated dust in accordance with the stan-
    54  dards and procedures  established  by  regulations  promulgated  by  the
    55  commissioner and states under penalties of perjury that:

        A. 3432                            15
 
     1    (a)  All  interior  surfaces  in  the  affected property either do not
     2  contain lead-based paint or have been permanently abated; and
     3    (b)(i)  All  exterior  painted  surfaces of the affected property that
     4  were chipping, peeling, or flaking  have  been  restored  with  non-lead
     5  based  paint  and  no exterior painted surfaces of the affected property
     6  are chipping, peeling, or flaking; or
     7    (ii) All exterior painted surfaces of the affected property have  been
     8  covered  with vinyl siding or similar siding and sealed in a manner that
     9  prevents exposure to chipping, peeling, or flaking paint; and
    10    (c) Clearance for lead dust hazards has been achieved as determined by
    11  wipe samples in all areas accessible to persons at risk, taken by  prop-
    12  erly  accredited  independent personnel. A copy of the inspection report
    13  shall be provided to the tenant.
    14    7. In order to maintain  "lead  contained"  status  the  owner  of  an
    15  affected  property  with  lead-based paint on any exterior surface which
    16  has been certified as "lead contained" pursuant to  subdivision  six  of
    17  this  section shall submit to the deputy commissioner's designee for the
    18  jurisdiction in which such property  is  located  every  three  years  a
    19  certification  by  an inspector, stating under penalties of perjury that
    20  no exterior painted surface of the affected property is chipping,  peel-
    21  ing,  or  flaking, and that there has been no compromise of any interior
    22  abatement system that relies upon the  enclosure  or  encapsulation  for
    23  lead-based  paint. A copy of such certification shall be retained by the
    24  owner and made available for inspection by department or local officials
    25  and shall be provided to the tenant.
    26    § 1377. Due  diligence  inquiries;  investigation  and  inspection  of
    27  affected properties. 1.  Beginning two years after the effective date of
    28  this  section,  unless  the owner of an affected property has previously
    29  documented in the manner required by  the  deputy  commissioner  that  a
    30  property  has  been  determined  to  have  achieved "lead-free" property
    31  status or "lead-contained" property status, the  owner  of  an  affected
    32  property  shall  make  a  due  diligence  inquiry to ascertain whether a
    33  person at risk resides in an affected property.
    34    (a) No occupant in a dwelling unit in  such  affected  property  shall
    35  refuse or unreasonably fail to provide accurate and truthful information
    36  regarding the residency of a person at risk.
    37    (b)  All  leases offered to tenants or prospective tenants in affected
    38  properties must contain a notice, conspicuously set forth therein, which
    39  advises tenants of the obligations of the owner and tenant as set  forth
    40  in  this section. Such notice must be in a manner approved by the deputy
    41  commissioner, the content of which shall, at a minimum,  be  in  English
    42  and  Spanish.  The owner of an affected property shall provide the occu-
    43  pant of such dwelling unit with a pamphlet developed pursuant to  subdi-
    44  vision four of section thirteen hundred seventy-a of this title.
    45    (c)(i)  The  owner of such affected property shall provide to an occu-
    46  pant of a dwelling unit at the signing of a lease, including  a  renewal
    47  lease, if any, or upon any agreement to lease, or at the commencement of
    48  occupancy  if  there  is  no lease, a notice in English and Spanish, the
    49  form and content of which shall be approved by the department, inquiring
    50  whether a person at risk resides or will reside therein. If there  is  a
    51  lease,  such  notice shall be included in such lease or be attached as a
    52  rider to such lease. Such notice shall be completed by the  occupant  at
    53  the  time of such signing of a lease, including a renewal lease, if any,
    54  or such agreement to lease, or at such commencement of occupancy.
    55    (ii) Where an occupant has responded to the  notice  provided  by  the
    56  owner  pursuant to subparagraph (i) of this paragraph by indicating that

        A. 3432                            16
 
     1  no person at risk resides therein, during the period between the date of
     2  such response and the delivery of  the  notice  provided  by  the  owner
     3  pursuant  to  paragraph  (d)  of this subdivision during the immediately
     4  following  year the occupant shall have the responsibility to inform the
     5  owner of any person at risk that comes to  reside  therein  during  such
     6  period.
     7    (d)(i)  Each  year, an owner of an affected property shall, no earlier
     8  than January first and  no  later  than  January  sixteenth,  except  as
     9  provided  for in subparagraph (ii) of paragraph (c) of this subdivision,
    10  present to the occupant of each dwelling unit in such affected  property
    11  a  notice inquiring as to whether a person at risk resides therein. Such
    12  notice, the form and content of which shall be approved  by  the  deputy
    13  commissioner, shall be presented as provided for in subparagraph (ii) of
    14  paragraph (c) of this subdivision, and shall be in English and Spanish.
    15    (ii)  The owner may present the notice required by subparagraph (i) of
    16  this paragraph by delivering said notice by any  one  of  the  following
    17  methods:
    18    (1)  by  first  class  mail, addressed to the occupant of the dwelling
    19  unit;
    20    (2) by hand delivery to the occupant of the dwelling unit; or
    21    (3) by enclosure with the January rent bill,  if  such  rent  bill  is
    22  delivered after December fifteenth but no later than January sixteenth.
    23    (iii)  (1)  Upon  receipt  of  such notice the occupant shall have the
    24  responsibility to deliver by February fifteenth of that year, a  written
    25  response to the owner indicating whether or not a person at risk resides
    26  therein.  If,  subsequent to delivery of such notice, the owner does not
    27  receive such written response by February fifteenth, and does not other-
    28  wise have actual knowledge as to whether a person at risk resides there-
    29  in, then the owner shall at reasonable times and upon reasonable  notice
    30  inspect  that  occupant's  dwelling unit to ascertain the residency of a
    31  person at risk and, when necessary, conduct an investigation in order to
    32  make that determination. Where, between  February  sixteenth  and  March
    33  first  of  that  year,  the  owner  has made reasonable attempts to gain
    34  access to a dwelling unit to determine if a person at  risk  resides  in
    35  that dwelling unit and was unable to gain access, the owner shall notify
    36  the  deputy  commissioner or the deputy commissioner's local designee of
    37  that circumstance.
    38    (2) Where an occupant has responded to  the  notice  provided  by  the
    39  owner  pursuant to subparagraph (i) of this paragraph by indicating that
    40  no person at risk resides therein, during the period between the date of
    41  such response and the delivery of  the  notice  provided  by  the  owner
    42  pursuant  to  this subdivision during the immediately following year the
    43  occupant shall have the responsibility to inform the owner of any person
    44  at risk that comes to reside therein during such period.
    45    (e) The owner shall make and maintain a record of  all  due  diligence
    46  inquiries, in electronic or hard-copy format, for a period of six years.
    47  Copies of such records shall be made available upon request to the depu-
    48  ty commissioner or his or her local designee.
    49    2.  Beginning two years after the effective date of this section, when
    50  the owner determines that a person at risk resides at an affected  prop-
    51  erty as provided in subdivision one of this section, and the owner of an
    52  affected  property  has not previously documented in the manner required
    53  by the deputy commissioner that a property has been determined  to  have
    54  achieved either "lead-free" property status or "lead-contained" property
    55  status, notwithstanding any certification completed pursuant to subdivi-
    56  sion  two  of  section  thirteen  hundred seventy-six of this title, the

        A. 3432                            17
 
     1  owner shall then cause an investigation to be made, either  directly  by
     2  the owner, the owner's agent or employee, or by any other person author-
     3  ized  by  the  deputy  commissioner,  to determine whether such property
     4  complies, at a minimum, with "lead-stabilized" property status. Alterna-
     5  tively, the owner may cause an inspection to be made by a person trained
     6  and  accredited  for  such  inspections as described in section thirteen
     7  hundred seventy-five of this title for the purpose of determining wheth-
     8  er the affected  property  complies  with  either  "lead-free"  property
     9  status or "lead-contained" property status.
    10    (a)  The  investigation  to ascertain whether a property complies with
    11  "lead-stabilized" property status shall occur at least once a  year  and
    12  more  often if necessary, such as when the owner knows or should reason-
    13  ably be aware that a person at  risk  has  become  an  occupant  of  the
    14  affected property.
    15    (b)  An  inspection  or investigation shall, in addition, be conducted
    16  when, in the exercise of reasonable care, an owner knows or should  know
    17  of  a  condition  that is reasonably foreseeable to be conducive to lead
    18  poisoning, or when an occupant specifically requests that an  inspection
    19  or  investigation  be  made based upon his or her reasonable belief that
    20  such a condition exists, or when an occupant makes a  complaint  to  the
    21  owner  concerning  a  condition  that  the owner knows or should know is
    22  reasonably foreseeable to be conducive to lead poisoning.
    23    (c) In addition to any investigations or  inspections  required  under
    24  paragraphs (a) or (b) of this subdivision, the owner shall cause such an
    25  investigation  or  inspection to be made within the thirty days prior to
    26  the leasing, rental, or other turnover  of  an  affected  property,  and
    27  shall  report  the  findings  of  that  investigation  or  inspection to
    28  prospective tenants in accordance with Title X of the  federal  residen-
    29  tial lead poisoning prevention act and this title.
    30    (d)  The  owner shall make and maintain a record of all investigations
    31  or inspections conducted under this subdivision in a form prescribed  by
    32  the  deputy commissioner. The owner shall maintain such record, in elec-
    33  tronic or hard-copy format, for a period of six years.  Copies  of  such
    34  records shall be made available upon request to the deputy commissioner,
    35  his or her local designee, tenants and occupants of the affected proper-
    36  ty, and any prospective tenants or occupants of the affected property.
    37    (e)  The  owner  shall  cause  a  summary  of  such  investigation  or
    38  inspection report, in a form prescribed by the deputy  commissioner,  to
    39  be  conspicuously posted in a common area of the dwelling in or adjacent
    40  to main entrances. Where there is more than one affected property in the
    41  dwelling, the summary shall be posted in a common area of  the  dwelling
    42  in, or adjacent to, the main entrance or entrances. In cases where it is
    43  not  feasible  to post such reports in a common area, the owner or agent
    44  shall deliver individual copies of such summary to each  affected  unit.
    45  Said  summary  shall indicate that the full report of such investigation
    46  or inspection is available to tenants upon request.
    47    3. Beginning two years after the effective date of this  section,  the
    48  deputy  commissioner's designee for the jurisdiction in which such prop-
    49  erty is located shall order an inspection of an affected property by  an
    50  inspector  accredited  pursuant  to  the  provisions of section thirteen
    51  hundred seventy-five of this title, at the expense of the owner  of  the
    52  affected  property,  whenever the deputy commissioner's designee for the
    53  jurisdiction in which such property is  located,  receives  notification
    54  that  the  affected  property  does not reasonably appear to comply with
    55  either the lead-free, lead-contained, or lead-stabilized property status
    56  and that a person at risk resides in the affected property. Any state or

        A. 3432                            18
 
     1  local agency employees who have occasion to observe  deteriorated  paint
     2  or  any other condition believed to be conducive to lead poisoning at an
     3  affected property are authorized  to  report,  and  shall  report,  such
     4  conditions  to the deputy commissioner's designee, and in such instance,
     5  the deputy commissioner's designee shall require  an  inspection  to  be
     6  made  of the affected property. An inspection required under this subdi-
     7  vision shall be completed within ninety days after notification  of  the
     8  deputy  commissioner's designee for the jurisdiction in which such prop-
     9  erty is located. In the event such inspection results in  a  finding  of
    10  lead hazards, a report of such findings shall be immediately transmitted
    11  by the deputy commissioner or the deputy commissioner's designee for the
    12  jurisdiction  in which such property is located to the appropriate local
    13  social services department pursuant to section one hundred forty-three-b
    14  of the social services law.
    15    4. The deputy commissioner, or the deputy commissioner's designee  for
    16  the  jurisdiction  in  which  such  property  is located, shall order an
    17  inspection of an affected property  for  conditions  conducive  to  lead
    18  poisoning,  by  an  inspector  accredited  pursuant to the provisions of
    19  section thirteen hundred seventy-five of this title, at the  expense  of
    20  the  owner of the affected property, whenever the deputy commissioner or
    21  the deputy commissioner's designee for the jurisdiction  in  which  such
    22  property is located is notified that a person at risk who resides in the
    23  affected  property  or  spends  more  than fifteen hours per week in the
    24  affected property has an elevated blood lead level. An inspection  under
    25  this  subdivision shall be completed within fifteen days after notifica-
    26  tion of the deputy commissioner or the  deputy  commissioner's  designee
    27  for  the  jurisdiction  in  which such property is located. In the event
    28  such inspection results in a finding of  conditions  conducive  to  lead
    29  poisoning, a report of such finding shall be promptly transmitted by the
    30  deputy  commissioner,  or  the  deputy  commissioner's  designee for the
    31  jurisdiction in which the subject property is located, to the  appropri-
    32  ate  local  social  services  department pursuant to section one hundred
    33  forty-three-b of the social services law.
    34    5. An owner of an affected property at any time  after  the  effective
    35  date  of  this  section, may request voluntarily that the deputy commis-
    36  sioner, or the deputy commissioner's designee for  the  jurisdiction  in
    37  which  such  property  is located, conduct an inspection by an inspector
    38  accredited pursuant to the provisions of section thirteen hundred seven-
    39  ty-five of this title, of an affected property, at the  expense  of  the
    40  owner,  to determine whether it complies with the requirements for lead-
    41  free property, lead-contained property status, or lead-stabilized  prop-
    42  erty status. Such inspection shall be completed within thirty days after
    43  the owner's request.
    44    6.  The  deputy  commissioner  shall  establish  a  primary prevention
    45  inspection program in areas of high risk to identify and target affected
    46  properties where there are persons who  may  be  exposed  to  lead-based
    47  paint  hazards  in  order  that inspections may be conducted without the
    48  receipt of a complaint or other such event triggering an inspection, and
    49  require for each such area of high risk that the county commissioner  of
    50  health  or  his  or  her  other local designee, and such local municipal
    51  building or  property  maintenance  code  enforcement  officials  having
    52  jurisdiction  over such area as the deputy commissioner shall designate,
    53  prepare and implement a strategy to:
    54    (a) assure that a sufficient number of qualified inspection  personnel
    55  are available;

        A. 3432                            19
 
     1    (b)  identify  the  affected  properties  with persons at risk in that
     2  municipality, census tract or census block group that are most likely to
     3  contain conditions conducive to lead poisoning;
     4    (c)  require, at the owner's expense, the inspection of affected prop-
     5  erties for conditions conducive to lead poisoning; and
     6    (d) require that such inspected properties attain lead-free, lead-con-
     7  tained, or lead-stabilized status, and  elimination  of  all  conditions
     8  conducive  to  lead  poisoning  in such properties, using lead safe work
     9  practices in accordance with the provisions of this title.
    10  In preparing this primary prevention inspection strategy, the  responsi-
    11  ble officials shall, among other factors, consider reports of persons at
    12  risk  with  elevated blood lead levels in other units in a building; the
    13  age and maintenance history of a building; and any available data on the
    14  presence of young children from birth certificates issued by the depart-
    15  ment.
    16    7. An inspector shall submit a verified report of the  result  of  the
    17  inspection  conducted  pursuant to subdivision two, three, four, five or
    18  six of this section to the deputy commissioner or the deputy commission-
    19  er's designee for the jurisdiction in which such  property  is  located,
    20  the owner, and the tenant, if any, of the affected property. Such report
    21  shall  be  completed  subject  to  penalties for perjury and include the
    22  inspector's state registration  number  and  date  of  certification  to
    23  perform  such  inspections.  In  the  event such inspection results in a
    24  finding of lead-based paint hazards  or  conditions  conducive  to  lead
    25  poisoning,  a  report  of such findings shall be promptly transmitted by
    26  the deputy commissioner or the deputy commissioner's  designee  for  the
    27  jurisdiction  in  which  such property is located and to the appropriate
    28  local social services department pursuant to section one hundred  forty-
    29  three-b of the social services law.
    30    8.  Unless an affected property has been certified as "lead-free prop-
    31  erty status" as provided in subdivision two of section thirteen  hundred
    32  seventy  of  this  title,  any written or printed lease for the lease or
    33  renting of an affected property for a term beginning at a date more than
    34  one year following the effective date of this title  shall  include  the
    35  following  provisions,  in  both  English  and  Spanish,  in prominently
    36  displayed and easily readable type or printing:
    37    "This property, constructed before January 1, 1970, may contain  lead-
    38  based  paint.  Lead-based  paint, if it is not properly removed or main-
    39  tained, may cause brain damage or other serious health impacts in  chil-
    40  dren  less  than  seven years of age and fetal injury in pregnant women.
    41  New York state law requires the  landlord  to  comply  with  maintenance
    42  standards  to  avoid  lead-based  paint hazards. This property (owner or
    43  agent to check appropriate box):
    44         has been inspected by an independent  inspector  certified  under
    45  New  York  state law within the past sixty days and found not to contain
    46  lead-based paint hazards.
    47         has been investigated by the owner,  manager,  or  his/her  agent
    48  within the past thirty days and observable lead-based paint hazards have
    49  been stabilized.
    50         has  not been inspected for lead-based paint hazards.  This prop-
    51  erty may contain lead-based paint hazards dangerous to a child less than
    52  seven years of age."
    53    9. At the time of the lease or renting of an affected property without
    54  a written or printed lease at a date more than one  year  following  the
    55  effective  date  of  this  section, the front entranceway or door of the
    56  affected property shall be posted with a sign  containing  the  language

        A. 3432                            20
 
     1  quoted  in  subdivision eight of this section, in both English and Span-
     2  ish, and in prominently displayed and easily readable type or printing.
     3    §  1378.  Enforcement.   1. Whenever the deputy commissioner or deputy
     4  commissioner's designee finds an affected property to not be in  compli-
     5  ance with the applicable requirements for either lead-free, or lead-con-
     6  tained,  or  lead-stabilized property status, the deputy commissioner or
     7  deputy commissioner's designee shall give  written  notice  and  demand,
     8  served as provided herein, for the discontinuance of any condition fail-
     9  ing  to comply with either the lead-free, lead-contained, or lead-stabi-
    10  lized standards in an affected property within  a  specified  period  of
    11  time  not  to  exceed  thirty  days.  The  deputy commissioner or deputy
    12  commissioner's designee shall also immediately  notify  the  appropriate
    13  local  social services department of the issuance of such written notice
    14  and demand pursuant to section one hundred forty-three-b of  the  social
    15  services law.
    16    2.  In  the  event  of failure to comply with a notice and demand, the
    17  deputy commissioner or the deputy commissioner's designee shall  conduct
    18  a  formal  hearing  upon due notice in accordance with the provisions of
    19  this section and on proof of violation of such notice and  demand  shall
    20  order  the  owner  of  an affected property to take specified corrective
    21  actions to have the affected property satisfy  the  requirements,  at  a
    22  minimum,  of lead-contained or lead-stabilized property and may assess a
    23  penalty not to  exceed  two  thousand  five  hundred  dollars  for  each
    24  affected  property.  In the event that such failure to comply concerns a
    25  notice and demand issued in  response  to  an  environmental  assessment
    26  undertaken  pursuant  to  subdivision  three of section thirteen hundred
    27  seventy-seven of this title,  the  deputy  commissioner  or  the  deputy
    28  commissioner's  designee,  shall  cause  the  condition to be remediated
    29  within the next thirty days, and may place a lien on such  property  and
    30  commence  such  legal actions as are necessary to recover from the owner
    31  of such property the deputy commissioner's  expenditures  in  connection
    32  therewith, including legal fees.
    33    3.  A  notice  required by this section may be served upon an owner or
    34  occupant of the dwelling or agent of the owner in the same manner  as  a
    35  summons  in  a civil action or by registered or certified mail to his or
    36  her last known address or place of residence.
    37    4. The deputy commissioner's designee having jurisdiction, county  and
    38  city  commissioners  of health, and local housing code enforcement agen-
    39  cies designated by the deputy commissioner's designee  having  jurisdic-
    40  tion  or  county  or  city  commissioner  of  health shall have the same
    41  authority, powers and duties within their  respective  jurisdictions  as
    42  has the deputy commissioner under the provisions of this title.
    43    5. The deputy commissioner or deputy commissioner's representative and
    44  an  official  or agency specified in subdivision one of this section may
    45  request and shall receive from  all  public  officers,  departments  and
    46  agencies  of  the  state and its political subdivisions such cooperation
    47  and assistance as may be necessary or proper in the enforcement  of  the
    48  provisions of this title.
    49    6.  Any  violation  of  the  requirements  of section thirteen hundred
    50  seventy-six of this title shall  also  constitute  a  violation  of  any
    51  municipal  or other local housing code and shall subject the owner of an
    52  affected property to all orders, criminal  penalties,  and  other  civil
    53  forfeitures or penalties that are possible under such municipal or local
    54  housing code, and shall also constitute a rent impairing violation with-
    55  in  the  meaning of section three hundred two-a of the multiple dwelling
    56  law and section three hundred five-a of the multiple residence law.

        A. 3432                            21
 
     1    7. Nothing contained in this title shall  be  construed  to  alter  or
     2  abridge  any  duties  and powers now or hereafter existing in the deputy
     3  commissioner, county boards of health, city and county commissioners  of
     4  health,  the New York city department of housing preservation and devel-
     5  opment  and  the  department  of health, local boards of health or other
     6  public agencies or public officials, or any private party, including the
     7  power to impose more stringent measures to protect public health.
     8    8. The office of  the  attorney  general  and  all  local  authorities
     9  responsible  for  the  enforcement  of state, municipal, and other local
    10  housing codes are hereby empowered to and shall vigorously enforce civil
    11  remedies and/or criminal penalties provided for by law  arising  out  of
    12  the  failure  to  comply with the requirements of this section, sections
    13  thirteen hundred seventy-five or thirteen hundred  seventy-six  of  this
    14  title and may seek injunctive relief where appropriate.
    15    9.  (a)  Any  administrative proceeding or civil or criminal action by
    16  state or local officials to enforce the provisions of this section shall
    17  be reported to the deputy commissioner.
    18    (b) The deputy commissioner shall issue  an  annual  report  outlining
    19  specifically  the  enforcement actions brought pursuant to this section,
    20  the identity of the owners of the  affected  properties,  the  authority
    21  bringing  the enforcement action, the nature of the action, and describ-
    22  ing the criminal penalties and/or civil relief.
    23    10. The removal of a tenant from or the surrender by the tenant  of  a
    24  dwelling  with  respect  to  which the deputy commissioner or his or her
    25  representative, pursuant to subdivision one of this section,  has  given
    26  written  notice  and demand for the discontinuance of a condition condu-
    27  cive to lead poisoning shall  not  absolve,  relieve  or  discharge  any
    28  persons  chargeable  therewith from the obligation and responsibility to
    29  discontinue such condition conducive to  lead  poisoning  in  accordance
    30  with the method of discontinuance prescribed therefor in such notice and
    31  demand.
    32    §  1379.  Injunctive  relief.   1. If an owner of an affected property
    33  fails to comply with the requirements of section thirteen hundred seven-
    34  ty-six of this title, a person at risk or the parent or  legal  guardian
    35  of  a  person  at  risk  or other interested persons may seek injunctive
    36  relief from a court of competent jurisdiction against the owner  of  the
    37  affected property in the form of a court order to compel compliance.
    38    2. A court shall not grant the injunctive relief requested pursuant to
    39  subdivision  one  of this section, unless, at least thirty days prior to
    40  the filing requesting the injunction, the owner of the affected property
    41  has received written notice of the violation of standards  contained  in
    42  section  thirteen  hundred  seventy-six  of this title and has failed to
    43  bring the affected property into compliance with the  applicable  stand-
    44  ards.  This  notice  to  the owner of the affected property is satisfied
    45  when any of the following has occurred:
    46    (a) A person at risk, his or her parent or legal guardian,  or  attor-
    47  ney,  has  notified  the owner of an affected property that the property
    48  fails to meet the requirements for either lead-contained property status
    49  or lead-stabilized property status;
    50    (b) The deputy commissioner, the commissioner of housing and community
    51  renewal, or the designee of either of these such officials, a  municipal
    52  or  other  local  authority  with responsibility for enforcing any local
    53  housing code or codes, or a local or municipal department of health  has
    54  notified  the  owner  of  the  affected  property  of  violations of the
    55  provisions of this title occurring within an affected property or of the
    56  failure to register and file reports as required by this title; or

        A. 3432                            22
 
     1    (c) A criminal or civil action pursuant to this title has been brought
     2  by either state or local enforcement officials to enforce this title.
     3    3. The notice requirement of subdivision two of this section shall not
     4  apply with respect to applications for preliminary injunctive relief.
     5    4.  A  person  who  prevails in an action to enforce the provisions of
     6  this title is entitled to an award of the costs of the litigation and to
     7  an award of reasonable attorneys' fees in an amount to be fixed  by  the
     8  court.
     9    5.  Cases brought before the court under this section shall be granted
    10  an accelerated hearing.
    11    6. The legal remedies created under this section shall be in  addition
    12  to  any  other common law or statutory remedies, which may be pursued in
    13  the same or separate action or proceeding.
    14    § 1379-a. Retaliatory  evictions  prohibited.    1.  An  owner  of  an
    15  affected  property  may  not  evict or take any other retaliatory action
    16  against a person at risk or his or  her  parent  or  legal  guardian  in
    17  response  to  the  actions  of  the person at risk, his or her parent or
    18  legal guardian in:
    19    (a) providing information to the owner of the affected  property,  the
    20  deputy  commissioner, the commissioner of housing and community renewal,
    21  or the designee of either of  these  officials,  a  local  or  municipal
    22  department  of  health,  or  a  municipal  or other local authority with
    23  responsibility for enforcing any local housing code or codes  concerning
    24  lead-based  paint  hazards within an affected property or elevated blood
    25  lead levels of a person at risk; or
    26    (b) enforcing any of his or her rights under this title.
    27    2. For purposes of this section, a retaliatory action includes any  of
    28  the  following  actions in which the activities protected under subdivi-
    29  sion one of this section  are  a  material  factor  in  motivating  said
    30  action:
    31    (a) A refusal to renew a lease;
    32    (b) Termination of a tenancy;
    33    (c)  An  arbitrary  rent increase or decrease in services to which the
    34  person at risk or his or her parent or legal guardian is entitled; or
    35    (d) Any form of constructive eviction.
    36    3. A person at risk or his or her parent or legal guardian subject  to
    37  an  eviction or retaliatory action under this section is entitled to the
    38  relief as may be provided by statute and/or any  further  relief  deemed
    39  just  and  equitable by the court, and is eligible for reasonable attor-
    40  neys' fees and costs.
    41    § 8. The real property law is amended by adding two new sections 236-a
    42  and 242-a to read as follows:
    43    § 236-a. Discrimination against persons and families receiving  public
    44  assistance or governmental housing subsidies prohibited.  1. Any person,
    45  firm  or  corporation  owning  or  having in charge any apartment house,
    46  tenement house or other building or  manufactured  home  park  used  for
    47  dwelling  purposes  who  shall  refuse  to  rent any or part of any such
    48  building or manufactured home park to  any  person  or  family,  or  who
    49  discriminates  in  the  terms,  conditions,  or  privileges  of any such
    50  rental, on the ground that such person or family receives public assist-
    51  ance or any other government subsidy for payment of rent shall be guilty
    52  of a misdemeanor and on conviction thereof shall be punished by  a  fine
    53  of  not  less  than  five hundred nor more than one thousand dollars for
    54  each offense.
    55    2.  (a) Where discriminatory conduct prohibited by  this  section  has
    56  occurred,  an  aggrieved  individual shall have a cause of action in any

        A. 3432                            23
 
     1  court of competent jurisdiction for damages, declaratory and  injunctive
     2  relief.
     3    (b)  In  all actions brought under this section, the court shall allow
     4  the prevailing plaintiff reasonable attorney's fees and, upon a  finding
     5  that  defendant's  discriminatory  conduct  was  willful,  an additional
     6  amount as liquidated damages equal to two thousand five hundred  dollars
     7  shall be awarded.
     8    §  242-a. Inspection of residential real property for lead-based paint
     9  prior to transfer.  1. (a) Effective January first, two  thousand  twen-
    10  ty-one,  the  transferor  or  grantor  of  any residential real property
    11  erected prior to the year nineteen hundred seventy, or in cities with  a
    12  population  of  one million or more a dwelling erected prior to the year
    13  nineteen hundred sixty, shall provide to the  transferee  or  grantee  a
    14  certificate that such property has been tested for the presence of lead-
    15  based  paint,  as  defined in subdivision twenty-six of section thirteen
    16  hundred seventy of the public health law, and  a  report  of  such  test
    17  indicating  the  locations  where lead-based paint has been detected, if
    18  any. Such testing shall not  be  valid  unless  performed  by  a  person
    19  accredited  pursuant  to  section  thirteen  hundred seventy-five of the
    20  public health law. A copy of such certificate shall be  filed  with  the
    21  department of health.
    22    (b) The presentation of a certificate of such testing by a prior owner
    23  of said property and evidence of filing such certificate and report with
    24  the  department  of  health shall be deemed to be in compliance with the
    25  provisions of this subdivision.
    26    (c) In the event the transferor or grantor has  not  received  from  a
    27  prior  owner  a  certification  and report of such tests as set forth in
    28  this subdivision, the costs of testing  for  lead-based  paint  and  the
    29  preparation  of  a  certificate  and  report thereof as provided in this
    30  subdivision shall be deductible by the transferor or grantor, up to  the
    31  amount  of  five  hundred  dollars,  or in a building with more than one
    32  dwelling unit up to four hundred dollars per dwelling unit tested,  from
    33  the  taxes imposed by sections fourteen hundred two and fourteen hundred
    34  two-a of the tax law.
    35    2. Any provision in a purchase offer, contract of sale,  lease,  offer
    36  to  lease,  or any other document related to the transfer of an interest
    37  in real property that purports to waive any right created under state or
    38  federal law for the purchaser, tenant, or transferee to conduct  a  risk
    39  assessment  or  inspection  of the property to determine the presence of
    40  lead-based paint and/or lead-based paint hazards, or any oral  agreement
    41  that  purports  to  waive such right, is null and void as against public
    42  policy, notwithstanding that such waivers might otherwise  be  permitted
    43  by federal law.
    44    §  9. Section 210-B of the tax law is amended by adding a new subdivi-
    45  sion 53 to read as follows:
    46    53. Lead hazard reduction tax credit. (a) Tax  credit  for  activities
    47  resulting  in  lead-free  or  lead-contained status. A taxpayer shall be
    48  allowed a credit against tax imposed  by  this  article  for  activities
    49  necessary  to  bring  any  affected property into lead-free or lead-con-
    50  tained status within the meaning of sections  thirteen  hundred  seventy
    51  and thirteen hundred seventy-six of the public health law, provided that
    52  the  taxpayer  complies with the documentation requirements of paragraph
    53  (d) of this subdivision.
    54    (b) Tax credit for multiple  dwelling  units  located  within  munici-
    55  palities  of more than one million inhabitants. A taxpayer also shall be
    56  eligible for the tax credit under paragraph (a) of this subdivision if a

        A. 3432                            24
 
     1  dwelling unit that satisfies all the requirements for an affected  prop-
     2  erty contained in subdivision two of section thirteen hundred seventy of
     3  the public health law but such dwelling unit is located in a city with a
     4  population  of  one  million  or  more.  In such case, the taxpayer must
     5  comply with equivalent standards in local laws concerning  lead  hazards
     6  that apply to multiple dwellings.
     7    (c) Tax credits for certain renovations as part of achieving lead-sta-
     8  bilized status. A taxpayer shall be allowed a credit against tax imposed
     9  by  this  article for the costs of certain activities necessary to bring
    10  any affected property into lead-stabilized status within the meaning  of
    11  section  thirteen hundred seventy-six of the public health law, provided
    12  that the expected useful life of such renovations is ten years  or  more
    13  and  the  taxpayer complies with the documentation requirements of para-
    14  graph (d) of this subdivision. The deputy commissioner of  health  shall
    15  promulgate  regulations  defining  those activities necessary to achieve
    16  lead-stabilized status with an expected useful life  of  more  than  ten
    17  years.  Taxpayers  who  have completed renovations of habitable dwelling
    18  units contained in multiple dwellings, as defined in section four of the
    19  multiple dwelling law in a city of more than one million population also
    20  shall be allowed a credit  under  this  subdivision  provided  that  the
    21  taxpayer  complies  with similar standards in local laws concerning lead
    22  hazards that apply to multiple dwellings.
    23    (d) Documentation required for credit allowance.  No credit  shall  be
    24  allowed  under paragraph (a), (b), or (c) of this subdivision unless the
    25  taxpayer provides documentation to the  deputy  commissioner  of  health
    26  that:
    27    (1) the activities described above have been performed by a contractor
    28  accredited  pursuant  to  section  thirteen  hundred seventy-five of the
    29  public health law;
    30    (2) the affected property was constructed prior  to  nineteen  hundred
    31  seventy;
    32    (3) the taxpayer has paid for the activities described above; and
    33    (4)  includes a written certification obtained by the taxpayer from an
    34  inspector, accredited pursuant to section thirteen hundred  seventy-five
    35  of  the public health law, that the activities described above have been
    36  completed in  accordance  with  all  applicable  requirements  and  that
    37  either:
    38    (A)  Where  applicable, the affected property or property unit can now
    39  be certified as either lead-free or lead-contained under  section  thir-
    40  teen hundred seventy-six of the public health law; or
    41    (B)  Where applicable, the affected property has undergone renovations
    42  that satisfy the requirements established by regulation  by  the  deputy
    43  commissioner  of  health  as activities necessary to achieve lead-stabi-
    44  lized status with an expected useful life of more than ten years.
    45    (e) Amount of credit.  The tax credit shall be  equal  to  the  amount
    46  actually  paid  for the activities described in this subdivision up to a
    47  maximum of three thousand dollars per affected  property  for  a  credit
    48  allowed under either paragraph (a) or (b) of this subdivision or a maxi-
    49  mum  of  one  thousand  five  hundred dollars for a credit allowed under
    50  paragraph (c) of this subdivision.
    51    (f) Carry-over of credit.  Any amount of tax credit not  used  in  the
    52  taxable  year of certification may be carried forward and applied to the
    53  corporation's tax liability for any one or more of the  succeeding  five
    54  taxable  years.    The credit may not be applied until all other credits
    55  available to the taxpayer for that taxable year have been applied.

        A. 3432                            25

     1    § 10. Section 606 of the tax law is amended by adding a new subsection
     2  (jjj) to read as follows:
     3    (jjj)  Lead-hazard  reduction  in housing tax credit. (1) Allowance of
     4  credit for activities resulting in lead-free or lead-contained status. A
     5  taxpayer shall be allowed a credit as provided in  this  subsection  for
     6  activities  necessary  to  bring any affected property into lead-free or
     7  lead-contained status within the meaning of  sections  thirteen  hundred
     8  seventy  and  thirteen  hundred  seventy-six  of  the public health law,
     9  provided that the taxpayer complies with the documentation  requirements
    10  of paragraph four of this subsection.
    11    (2)  Tax  credit  for  multiple  dwelling units located within munici-
    12  palities of more than one million inhabitants. A taxpayer also shall  be
    13  eligible  for the tax credit under paragraph one of this subsection if a
    14  dwelling unit that satisfies all the requirements for an affected  prop-
    15  erty contained in subdivision two of section thirteen hundred seventy of
    16  the public health law but such dwelling unit is located in a city with a
    17  population  of  one  million  or  more.  In such case, the taxpayer must
    18  comply with equivalent standards in local laws concerning  lead  hazards
    19  that apply to multiple dwellings.
    20    (3) Tax credits for certain renovations as part of achieving lead-sta-
    21  bilized status. A taxpayer shall be allowed a credit against tax imposed
    22  by  this  article for the costs of certain activities necessary to bring
    23  any affected property into lead-stabilized status within the meaning  of
    24  section  thirteen hundred seventy-six of the public health law, provided
    25  that the expected useful life of such renovations is ten years  or  more
    26  and  the  taxpayer complies with the documentation requirements of para-
    27  graph four of this subsection. The deputy commissioner of  health  shall
    28  promulgate  regulations  defining  those activities necessary to achieve
    29  lead-stabilized status with an expected useful life  of  more  than  ten
    30  years.  Taxpayers  who  have completed renovations of habitable dwelling
    31  units contained in multiple dwellings, as defined in section four of the
    32  multiple dwelling law in a city of more than one million population also
    33  shall be allowed a credit under this paragraph provided that the taxpay-
    34  er complies with similar standards in local laws concerning lead hazards
    35  that apply to multiple dwellings.
    36    (4) Documentation required for credit allowance. No  credit  shall  be
    37  allowed  under paragraph one, two or three of this subsection unless the
    38  taxpayer provides documentation to the  deputy  commissioner  of  health
    39  that:
    40    (A) the activities described above have been performed by a contractor
    41  accredited  pursuant  to  section  thirteen  hundred seventy-five of the
    42  public health law;
    43    (B) the affected property was constructed prior  to  nineteen  hundred
    44  seventy;
    45    (C) the taxpayer has paid for the activities described above; and
    46    (D)  includes a written certification obtained by the taxpayer from an
    47  inspector, accredited pursuant to section thirteen hundred  seventy-five
    48  of  the public health law, that the activities described above have been
    49  completed in  accordance  with  all  applicable  requirements  and  that
    50  either:
    51    (i)  Where  applicable,  the affected property can now be certified as
    52  either lead-free or lead-contained under section thirteen hundred seven-
    53  ty-six of the public health law; or
    54    (ii) Where applicable, the affected property has undergone renovations
    55  that satisfy the requirements established by regulation  by  the  deputy

        A. 3432                            26
 
     1  commissioner  of  health  as activities necessary to achieve lead-stabi-
     2  lized status with an expected useful life of more than ten years.
     3    (5)  The  tax credit pursuant to this subsection shall be available to
     4  someone who owns and occupies his or her own dwelling unit in  the  same
     5  manner  and  to  the  same  extent as it is available to the owner of an
     6  affected property who leases the premises.
     7    (6) Amount of credit. The tax credit shall  be  equal  to  the  amount
     8  actually  paid  for  the activities described in this subsection up to a
     9  maximum of three thousand dollars per affected  property  for  a  credit
    10  allowed  under either paragraph one or two of this subsection or a maxi-
    11  mum of one thousand five hundred dollars  for  a  credit  allowed  under
    12  paragraph three of this subsection.
    13    (7)  Application  of  credit. Any amount of tax credit not used in the
    14  taxable year of certification may be carried forward and applied to  the
    15  individual's  tax  liability  for any one or more of the succeeding five
    16  taxable years. The credit may not be applied  until  all  other  credits
    17  available to the taxpayer for that taxable year have been applied.
    18    §  11.  The state finance law is amended by adding a new section 99-ff
    19  to read as follows:
    20    §  99-ff.  Residential  property  lead-based  paint  hazard  abatement
    21  revolving loan fund.  1. There is created, as a separate fund within the
    22  general  fund, a fund to be known as the residential property lead-based
    23  paint hazard abatement revolving loan fund. Such fund shall  consist  of
    24  proceeds  received from the sale of bonds pursuant to subdivision two of
    25  this section, and any sums that the state may from  time  to  time  deem
    26  appropriate,  as  well  as donations, gifts, bequests, or otherwise from
    27  any public or private source, which money is intended to  assist  owners
    28  of  residential properties in meeting the standards for either lead-free
    29  or lead-contained certification pursuant  to  section  thirteen  hundred
    30  seventy-six  of  the  public  health  law, or, for multiple dwellings in
    31  cities of one million population or more,  compliance  with  local  laws
    32  concerning  the  control  of  lead-based  paint hazards in such multiple
    33  dwellings.
    34    2. The state shall issue bonds in an amount specified for the  purpose
    35  of funding the residential property lead abatement revolving loan fund.
    36    (a)  Any  bonds  issued  or  to be issued pursuant to this subdivision
    37  shall be subject to all the requirements and conditions  established  by
    38  the state for the sale of bonds.
    39    (b)  The  interest  rate  and  other terms upon which bonds are issued
    40  pursuant to this subdivision shall not create a  prospective  obligation
    41  of  the  state  of New York in excess of the amount of revenues that can
    42  reasonably be expected from the loan repayments, interest on such loans,
    43  and fees that the state of New York  can  reasonably  expect  to  charge
    44  under  the  provisions  of  title  ten of article thirteen of the public
    45  health law.
    46    (c) All money received from the sale of bonds shall be deposited  into
    47  the residential property lead abatement revolving loan fund.
    48    3. The comptroller shall contract for the administration and disburse-
    49  ment of funding. The deputy commissioner of health shall adopt rules and
    50  regulations which provide for the orderly and equitable disbursement and
    51  repayment of funds.
    52    4.  Funds  placed  in the residential property lead-based paint hazard
    53  abatement revolving loan fund shall be made available, at the discretion
    54  of the deputy commissioner of health, to the owners of affected  proper-
    55  ties  including  those  located  within  municipalities of more than one
    56  million inhabitants, and to non-profit organizations for the purpose  of

        A. 3432                            27
 
     1  bringing  affected  properties  into  compliance  with the standards for
     2  lead-free, lead-contained, or lead-stabilized property status as  speci-
     3  fied  by  section thirteen hundred seventy-six of the public health law,
     4  or, for multiple dwellings in cities with a population of one million or
     5  more,  compliance  with  local laws concerning the control of lead-based
     6  paint hazards in such multiple dwellings. An  owner  of  a  pre-nineteen
     7  hundred  seventy  property who owns and occupies the dwelling unit shall
     8  be eligible for loans under this section in the same manner, and to  the
     9  same extent, as an owner of an affected property.
    10    5.  Loans  made  available under the provisions of this section may be
    11  made directly, or in cooperation with other public and private  lenders,
    12  or  any  agency,  department, or bureau of the federal government or the
    13  state.
    14    6. The proceeds from the repayment of any loans made for that  purpose
    15  shall  be  deposited  in  and  returned to the residential property lead
    16  abatement revolving loan fund to constitute a continuing revolving  fund
    17  for the purposes provided in this section.
    18    7. The deputy commissioner of housing and community renewal shall take
    19  any  action  necessary  to  obtain  federal  assistance  for lead hazard
    20  reduction to be used in conjunction with the residential  property  lead
    21  abatement revolving loan fund.
    22    §  12.  Paragraph  a of subdivision 2 of section 302-a of the multiple
    23  dwelling law, as added by chapter 911 of the laws of 1965, is amended to
    24  read as follows:
    25    a. A "rent impairing" violation within the  meaning  of  this  section
    26  shall designate a condition in a multiple dwelling which, in the opinion
    27  of  the  department,  constitutes,  or  if  not promptly corrected, will
    28  constitute, a fire hazard, a lead-based paint hazard within the  meaning
    29  of  subdivision  twenty-seven of section thirteen hundred seventy of the
    30  public health law, or a serious threat to the life, health or safety  of
    31  occupants thereof.
    32    §  13.  Paragraph  a of subdivision 2 of section 305-a of the multiple
    33  residence law, as added by chapter 291 of the laws of 1966,  is  amended
    34  to read as follows:
    35    a.  A  "rent  impairing"  violation within the meaning of this section
    36  shall designate a condition in a multiple dwelling which, in the opinion
    37  of the state building code council,  constitutes,  or  if  not  promptly
    38  corrected,  will  constitute,  a  fire hazard, a lead-based paint hazard
    39  within the meaning  of  subdivision  twenty-seven  of  section  thirteen
    40  hundred  seventy  of  the  public health law, or a serious threat to the
    41  life, health or safety of occupants thereof.
    42    § 14. The social services law is amended by adding a new section 131-y
    43  to read as follows:
    44    § 131-y. Supplemental shelter allowance. Every public welfare official
    45  shall pay, in addition to the shelter allowance  components  established
    46  by  the  department pursuant to section one hundred thirty-one-a of this
    47  title, a supplemental shelter allowance for units for  which  the  owner
    48  has  submitted  documentation  certifying  that  the dwelling unit is in
    49  compliance with subdivision seven of section one  hundred  forty-three-b
    50  of this title. This monthly lead-safe housing supplement shall be in the
    51  amount of fifty dollars for efficiency or one-bedroom units; one hundred
    52  dollars  for two-bedroom units; one hundred fifty dollars for three-bed-
    53  room units; and  two  hundred  dollars  for  units  with  four  or  more
    54  bedrooms;  or  such  higher  amounts  as the department may establish by
    55  regulation as appropriate to induce landlords in  high  risk  lead-paint
    56  poisoning  areas  to  voluntarily  remove  lead-paint hazards from their

        A. 3432                            28
 
     1  units using lead safe work practices. This supplemental  shelter  allow-
     2  ance  for  lead-safe housing shall be paid for a period of twelve months
     3  following the submission of the most recent certification of  compliance
     4  and  shall  be  renewed  for  subsequent  twelve  month periods upon the
     5  submission of further  certifications  of  compliance  based  upon  more
     6  recent inspections.
     7    §  15.  Subdivision  2 of section 143-b of the social services law, as
     8  added by chapter 997 of the laws of 1962, is amended and a new  subdivi-
     9  sion 7 is added to read as follows:
    10    2.  Every  public welfare official shall have power to and [may] shall
    11  withhold the payment of any such rent in any case where he has knowledge
    12  that there exists or there  is  outstanding  any  violation  of  law  in
    13  respect  to  the building containing the housing accommodations occupied
    14  by the person entitled to such assistance which is dangerous,  hazardous
    15  or  detrimental to life or health. A report of each such violation shall
    16  be made to the appropriate public welfare department by the  appropriate
    17  department or agency having jurisdiction over violations.
    18    7. No state or local agency shall arrange to place a family consisting
    19  of  a  person  or  persons  under seven years of age or a known pregnant
    20  woman in any dwelling unit constructed prior to nineteen hundred  seven-
    21  ty, or, in cities with a population of one million or more, any dwelling
    22  unit constructed prior to nineteen hundred sixty, for which rent is paid
    23  in  any  part  with state funds unless such dwelling unit has been first
    24  inspected by a person accredited pursuant to  section  thirteen  hundred
    25  seventy-five  of  the  public  health  law, and determined to be free of
    26  lead-based hazards, as defined by subdivision  twenty-seven  of  section
    27  thirteen hundred seventy of the public health law, and unless such agen-
    28  cy  has  first  obtained  appropriate  documentation  acceptable  to the
    29  commissioner that such dwelling unit is in compliance with the  require-
    30  ments  of section thirteen hundred seventy-six of the public health law,
    31  or, for multiple dwellings in cities with a population of one million or
    32  more, in compliance with local laws concerning the control of lead-based
    33  paint hazards in such multiple dwellings.  A  written  report  shall  be
    34  prepared  of  any  inspection performed pursuant to this subdivision and
    35  shall be provided to the family.
    36    § 16. Section 390-a of the social services law is amended by adding  a
    37  new subdivision 6 to read as follows:
    38    6.  No  license  or  registration  shall be issued to a child day care
    39  center, a family day care home, or a group family day care home  and  no
    40  such  registration  shall  be  renewed until it can be demonstrated that
    41  those portions of the facility in which  such  child  day  care  center,
    42  family day care home, or group family day care home is located and those
    43  portions  of  such  facility  that are readily accessible to children in
    44  such child day care center, family day care home, or  group  family  day
    45  care  home,  meet the standards for lead-free property status, lead-con-
    46  tained property status, or lead-stabilized property status set forth  in
    47  section  thirteen  hundred seventy-six of the public health law, or, for
    48  multiple dwellings in cities with a population of one million  or  more,
    49  with  all  local laws concerning the control of lead-based paint hazards
    50  that apply to multiple dwelling units where children reside.
    51    § 17. The insurance law is amended by adding a  new  section  3441  to
    52  read as follows:
    53    §  3441. Insurance coverage for lead poisoning. (a) For the purpose of
    54  this section, the term "affected property" shall mean a room or group of
    55  rooms within a property constructed before nineteen hundred seventy,  or
    56  constructed before nineteen hundred sixty in cities with a population of

        A. 3432                            29
 
     1  one  million  or more, that form a single independent habitable dwelling
     2  unit for occupation by one or more individuals that has  living  facili-
     3  ties  with  permanent  provisions for living, sleeping, eating, cooking,
     4  and sanitation. "Affected property" shall not include:
     5    (1) an area not used for living, sleeping, eating, cooking, or sanita-
     6  tion,  such as an unfinished basement, that is not readily accessible to
     7  children under seven years of age;
     8    (2) a unit within a hotel, motel, or  similar  seasonal  or  transient
     9  facility  unless  such  unit is occupied by one or more  persons at risk
    10  for a period exceeding thirty days;
    11    (3) an area which is secured and inaccessible to occupants;
    12    (4) housing for the elderly,  or  a  residential  property  designated
    13  exclusively  for  persons with disabilities; except this exemption shall
    14  not apply if a person at risk resides or is expected to  reside  in  the
    15  dwelling unit or visits the dwelling unit on a regular basis; or
    16    (5)  an unoccupied dwelling unit or residential property that is to be
    17  demolished, provided the dwelling unit or property will  remain  unoccu-
    18  pied until demolition.
    19    For  the  purpose  of this section, the term "affected property" shall
    20  not mean any property owned or operated by a unit of federal, state,  or
    21  local government, or any public, quasi-public, or municipal corporation,
    22  but  does  include  privately-owned properties that receive governmental
    23  rental assistance.
    24    (b) After  fourteen  months  following  the  effective  date  of  this
    25  section,  no  insurer licensed or permitted by the department to provide
    26  liability coverage to rental property owners shall  exclude,  except  as
    27  otherwise provided by this section, an affected property covered under a
    28  policy  coverage  for losses or damages caused by exposure to lead-based
    29  paint.  The department shall not permit, authorize or approve any exclu-
    30  sion for injury or damage resulting from exposure to  lead-based  paint,
    31  except as specifically provided for in law, that was not in effect as of
    32  the  effective  date of this section, and all previously approved exclu-
    33  sions shall terminate on or before fourteen months following the  effec-
    34  tive date of this section.
    35    (c)  All  insurers  issuing  liability  insurance  policies, including
    36  commercial lines insurance policies, personal lines insurance  policies,
    37  and/or  any  other  policies,  covering  affected properties shall offer
    38  coverage for bodily injury caused by exposure to lead-based paint.
    39    (d) Rates for the coverage specified in subsection (c) of this section
    40  shall be approved by the superintendent using the following standards:
    41    (1) Such rates must not be excessive, inadequate, or unfairly  discri-
    42  minatory; and
    43    (2) In establishing such rates, consideration will be given to:
    44    (A) Past and prospective loss experience;
    45    (B) A reasonable margin for profits and contingencies;
    46    (C) Past and prospective expenses;
    47    (D) Such other data as the department may deem necessary;
    48    (E) The past history of the owner with regard to lead poisoning or any
    49  other  liability or violations of ordinances or statutes relating to the
    50  affected property or  similar  properties  reasonably  believed  by  the
    51  insurer to be relevant; and
    52    (F)  Compliance  with  the  requirements  of  either  section thirteen
    53  hundred seventy-six of the public health law or, for multiple  dwellings
    54  in  cities with a population of one million or more, with all local laws
    55  concerning the control of lead-based  paint  hazards  in  such  multiple
    56  dwellings.

        A. 3432                            30
 
     1    (e)  The  department  shall  determine  within two years following the
     2  effective date of this section the availability in the state of  liabil-
     3  ity  personal  injury/bodily injury coverage described in subsection (b)
     4  of this section, and may if such coverage is  not  generally  available,
     5  establish  a market assistance plan or take other measures to assure the
     6  availability of such coverage that offers a liability limit which is  at
     7  least three hundred thousand dollars or shall require that such coverage
     8  be made available through a joint underwriting plan.
     9    (f) An owner may not assign liability nor require a tenant to limit or
    10  waive  liability  and any such limit or waiver shall be void as contrary
    11  to the public policy of New York state.
    12    (g) The superintendent shall, within twelve months after the effective
    13  date of this section:
    14    (1) Adopt rules for and  issue  an  advisory  bulletin  to  all  state
    15  licensed,  admitted  insurers  providing liability coverage for property
    16  owners regarding their responsibilities under this section; and
    17    (2) Adopt rules for and  issue  an  advisory  bulletin  to  all  state
    18  licensed  insurance  agents and brokers outlining the provisions of this
    19  section and the new requirements for state licensed, admitted insurers.
    20    § 18. This act shall take effect immediately.
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