Bill Text: NY A04964 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the remediation and prevention of indoor mold; requires the disclosure of indoor mold history upon the sale of certain real property; requires notification to prospective lessees; directs the commissioner of housing and community renewal and the commissioner of health to promulgate rules and standards for the remediation and prevention of indoor mold.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2018-01-03 - referred to housing [A04964 Detail]
Download: New_York-2017-A04964-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4964 2017-2018 Regular Sessions IN ASSEMBLY February 6, 2017 ___________ Introduced by M. of A. ROSENTHAL, LUPARDO, JAFFEE, WEPRIN -- Multi-Spon- sored by -- M. of A. BENEDETTO, ENGLEBRIGHT, GOTTFRIED, GUNTHER, HOOPER, PERRY -- read once and referred to the Committee on Housing AN ACT to amend the public housing law, the public health law, and the real property law, in relation to the remediation and prevention of indoor mold and requiring the disclosure of indoor mold history upon the sale of certain real property; and to amend the real property law and the administrative code of the city of New York, in relation to requiring notice of indoor mold history to prospective lessees of apartments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public housing law is amended by adding a new section 2 16-a to read as follows: 3 § 16-a. Powers and duties of the commissioner with respect to indoor 4 mold. 1. Definitions. For purposes of this section, the following terms 5 shall have the following meanings: 6 (a) "Mold" means any form of multicellular fungi that live on plant or 7 animal matter and in indoor environments. Types of mold include, but are 8 not limited to, cladosporium, penicillium, alternaria, aspergillus, 9 fusarium, trichoderma, memnoniella, mucor, and stachybotrys chartarum, 10 often found in water damaged building materials. 11 (b) "Affect" means to cause a condition by the presence of mold in the 12 dwelling unit, building, appurtenant structure, common wall, heating 13 system, or ventilating and air conditioning system that affects the 14 indoor air quality of a dwelling unit or building. 15 (c) "Acceptable exposure limit" means a level of mold that will not 16 adversely affect the health of residents of public housing units, and 17 does not pose a significant threat to the public health. 18 2. Procedures for the remediation and prevention of mold in public 19 housing. The commissioner is hereby directed and authorized to create EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05090-01-7A. 4964 2 1 procedures for the remediation and prevention of mold in public housing. 2 Such procedures shall include: 3 (a) A visual survey of public housing units to check for evidence of 4 water damage and the extent of mold growth, including an inspection of 5 the following: 6 (1) Any defects in construction that may cause moisture such as 7 defects in windows, roofs, or exterior siding, or improperly laid foun- 8 dations, or the absence of vapor barriers. 9 (2) Plumbing leaks. 10 (3) Floor areas under carpeting. 11 (4) Spaces under buildings and living areas, and ceiling spaces. 12 (5) Cold corners of rooms which lack proper insulation and are suscep- 13 tible to mold growth. 14 (6) Any other moisture damage, water intrusion, or leaks and rot in 15 wall cavities of public housing spaces. 16 (b) A protocol for the remediation of existing mold in public housing, 17 including standards relating to an acceptable exposure limit, including 18 compliance to such an acceptable exposure limit. Such protocol shall 19 include the following: 20 (1) Guidelines for the remediation of indoor mold which shall include 21 precautions to protect the health of residents of public housing and 22 overall public health, including preventative measures to ensure that 23 contamination does not leave the affected area. 24 (2) The utilization of tools, instruments and remediation methods 25 which are acceptable by the professional community engaged in the reme- 26 diation of mold. 27 (3) The utilization of protective gear and equipment to ensure the 28 health and safety of persons performing the remediation. 29 (4) The development of a list of professional companies engaged in the 30 business of the remediation of mold, or other toxic substances, which 31 shall be available for contracting with the department for the remedi- 32 ation of indoor mold in public housing. Such professional companies 33 shall be assessed according to the technological and economic feasibil- 34 ity of contracting with such companies, and according to their success 35 in the identification, remediation and removal of toxic mold. 36 (c) Methods to prevent the return of mold in areas which have been 37 cleaned, and construction methods to prevent mold growth in new public 38 housing facilities. With respect to the prevention of mold growth in new 39 public housing units, the department shall develop construction methods 40 which will best ensure the prevention of mold according to scientif- 41 ically recognized entities in the field of environmental health and 42 safety. 43 § 2. The public health law is amended by adding a new article 48-A to 44 read as follows: 45 ARTICLE 48-A 46 REMEDIATION OF INDOOR MOLD 47 Section 4809. Powers and duties of the commissioner with respect to 48 indoor mold. 49 § 4809. Powers and duties of the commissioner with respect to indoor 50 mold. 1. Definitions. For purposes of this section, the following terms 51 shall have the following meanings: 52 (a) "Mold" means any form of multicellular fungi that live on plant or 53 animal matter and in indoor environments. Types of mold include, but are 54 not limited to, cladosporium, penicillium, alternaria, aspergillus, 55 fusarium, trichoderma, memnoniella, mucor, and stachybotrys chartarum, 56 often found in water damaged building materials.A. 4964 3 1 (b) "Affect" means to cause a condition by the presence of mold in the 2 dwelling unit, building, appurtenant structure, common wall, heating 3 system, or ventilating and air conditioning system that affects the 4 indoor air quality of a dwelling unit or building. 5 (c) "Acceptable exposure limit" means a level of mold that will not 6 adversely affect the health of occupants, and does not pose a signif- 7 icant threat to the public health. 8 2. Standards for the remediation and prevention of mold. The commis- 9 sioner, or his or her designated representative, is hereby authorized 10 and directed to promulgate standards for the detection, prevention, and 11 remediation of mold growth in indoor environments which are subject to 12 the rules and regulations of the department, including workplaces, 13 public facilities, and other establishments under the jurisdiction of 14 the department. Such standards shall include guidelines relating to the 15 following: 16 (a) The inspection of indoor spaces for the presence of mold growth 17 and water damage. 18 (b) An acceptable exposure limit, including standards relating to 19 compliance with such an acceptable exposure limit. 20 (c) Protocol for the removal and remediation of existing indoor mold. 21 (d) Methods to prevent the return of mold in areas which have been 22 cleaned, and construction methods to prevent mold growth in new build- 23 ings. 24 3. Consultation with related experts. In effectuating the purposes of 25 this section, the commissioner, or his or her designated representative, 26 shall consult with scientifically recognized entities in the field of 27 environmental health and safety, and related authoritative bodies in the 28 field of remediation of mold and other toxic substances. 29 § 3. Subdivision 2 of section 462 of the real property law, as added 30 by chapter 456 of the laws of 2001, is amended to read as follows: 31 2. The following shall be the disclosure form: 32 PROPERTY CONDITION DISCLOSURE STATEMENT 33 NAME OF SELLER OR SELLERS: 34 PROPERTY ADDRESS: 35 THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN- 36 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF 37 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE 38 BUYER OF A BINDING CONTRACT OF SALE. 39 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND 40 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE 41 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT 42 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR 43 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR 44 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND 45 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY. 46 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM 47 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE 48 TRANSFER OF TITLE. IN THE EVENT A SELLER FAILS TO PERFORM THE DUTY 49 PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO 50 THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL 51 RECEIVE UPON THE TRANSFER OF TITLE A CREDIT OF FIVE HUNDRED DOLLARS 52 AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY. 53 "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO 54 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU- 55 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, 56 BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCHA. 4964 4 1 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE 2 APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT 3 OWNED IN FEE SIMPLE BY THE SELLER. 4 INSTRUCTIONS TO THE SELLER: 5 (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE. 6 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS 7 REQUIRED. 8 (c) COMPLETE THIS FORM YOURSELF. 9 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP- 10 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN). 11 SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO 12 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN- 13 ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO 14 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN- 15 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER 16 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT. 17 GENERAL INFORMATION 18 1. HOW LONG HAVE YOU OWNED THE PROPERTY? 19 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY? 20 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF 21 THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI- 22 GATE FOR THE PRESENCE OF LEAD BASED PAINT. 23 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY 24 OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN 25 THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS 26 RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA 27 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO 28 UNKN NA (IF YES, EXPLAIN BELOW) 29 6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL 30 CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF 31 YES, EXPLAIN BELOW) 32 7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH 33 ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS, 34 FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW) 35 8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN- 36 SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES 37 THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 38 9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES 39 NO UNKN NA (IF NO, EXPLAIN BELOW) 40 ENVIRONMENTAL 41 NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD- 42 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW 43 TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY 44 OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY 45 INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING 46 FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS OR 47 OTHER MATERIAL THAT COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL 48 HEALTH OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED 49 OR STORED. THESE INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTI- 50 CIDES AND INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER 51 AND WOOD PRESERVATIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS 52 ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, 53 BATTERIES, CLEANING SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLDA. 4964 5 1 CLEANERS [AND], POOL CHEMICALS [AND], PRODUCTS CONTAINING MERCURY AND 2 LEAD AND INDOOR MOLD. 3 NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM 4 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU 5 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY. 6 10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN? 7 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 8 11. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND? 9 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 10 12. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? YES NO 11 UNKN NA (IF YES, EXPLAIN BELOW) 12 13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? YES NO UNKN NA 13 (IF YES, EXPLAIN BELOW) 14 14. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR 15 BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES, ARE 16 THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING 17 OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 18 15. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE 19 LOCATION OR LOCATIONS BELOW) 20 16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION 21 OR LOCATIONS BELOW) 22 17. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY 23 OF THE REPORT) 24 18. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR 25 ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR 26 TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE 27 PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY? YES NO 28 UNKN NA (IF YES, DESCRIBE BELOW) 29 19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR 30 OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM 31 PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO 32 UNKN NA (IF YES, ATTACH REPORT(S)) 33 19-a. HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO UNKN (IF 34 YES, ATTACH A COPY OF THE REPORT) 35 19-b. IS THERE INDOOR MOLD ON THE PROPERTY PRESENTLY? (IF YES, STATE 36 LOCATION OR LOCATIONS BELOW) 37 STRUCTURAL 38 20. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES? 39 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 40 21. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES? 41 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 42 22. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR 43 DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 44 23. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST 45 INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH 46 REPORT(S)) 47 24. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)? 48 ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS- 49 FERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF 50 YES, EXPLAIN BELOW) 51 25. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING 52 STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR 53 PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW)A. 4964 6 1 MECHANICAL SYSTEMS & SERVICES 2 26. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE, 3 MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA 4 27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA 5 (IF YES, DESCRIBE BELOW) 6 28. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC 7 SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR CESSPOOL, 8 AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF PUMPING? 9 ________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF YES, 10 EXPLAIN BELOW) 11 29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER- 12 AGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES? ________ 13 PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS? YES 14 NO UNKN NA (IF YES, EXPLAIN BELOW) 15 30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED 16 IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA 17 (IF YES, STATE LOCATIONS AND EXPLAIN BELOW) 18 31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES 19 NO UNKN NA (IF YES, EXPLAIN BELOW) 20 ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF 21 YES, EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.): 22 32. PLUMBING SYSTEM? YES NO UNKN NA 23 33. SECURITY SYSTEM? YES NO UNKN NA 24 34. CARBON MONOXIDE DETECTOR? YES NO UNKN NA 25 35. SMOKE DETECTOR? YES NO UNKN NA 26 36. FIRE SPRINKLER SYSTEM? YES NO UNKN NA 27 37. SUMP PUMP? YES NO UNKN NA 28 38. FOUNDATION/SLAB? YES NO UNKN NA 29 39. INTERIOR WALLS/CEILINGS? YES NO UNKN NA 30 40. EXTERIOR WALLS OR SIDING? YES NO UNKN NA 31 41. FLOORS? YES NO UNKN NA 32 42. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA 33 43. PATIO/DECK? YES NO UNKN NA 34 44. DRIVEWAY? YES NO UNKN NA 35 45. AIR CONDITIONER? YES NO UNKN NA 36 46. HEATING SYSTEM? YES NO UNKN NA 37 47. HOT WATER HEATER? YES NO UNKN NA 38 48. THE PROPERTY IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT UNKN 39 NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE 40 PROPERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS) 41 THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF 42 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI- 43 TIONAL PAGES ATTACHED. 44 ______________________________________________________________ 45 ______________________________________________________________ 46 ______________________________________________________________ 47 ______________________________________________________________ 48 SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS 49 PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE 50 SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A 51 SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS 52 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED 53 PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION 54 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT, 55 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-A. 4964 7 1 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO 2 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER. 3 SELLER__________ DATE___________ 4 SELLER__________ DATE___________ 5 BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS 6 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF 7 CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE 8 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT 9 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS 10 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS. 11 BUYER__________ DATE__________ 12 BUYER__________ DATE _________ 13 § 4. The real property law is amended by adding a new section 235-h 14 to read as follows: 15 § 235-h. Notice of indoor mold and remediation history. 1. All 16 prospective lessees shall be furnished with a notice, in a form promul- 17 gated or approved by the state division of housing and community 18 renewal, that sets forth the property's indoor mold and remediation 19 history. 20 2. Information shall include any history of indoor mold and remedi- 21 ation, if any, of the premises to be rented by the prospective lessee 22 and the building in which the premises are located. 23 § 5. The administrative code of the city of New York is amended by 24 adding a new section 27-2009.2 to read as follows: 25 § 27-2009.2 Notice of indoor mold and remediation history. For housing 26 accommodations subject to this code, an owner shall furnish to all 27 prospective lessees, a notice in a form promulgated or approved by the 28 state division of housing and community renewal that sets forth the 29 property's history of indoor mold and the remediation, if any, regarding 30 the premises to be rented by the prospective lessee and the building in 31 which the premises are located. 32 § 6. This act shall take effect on the one hundred eightieth day 33 after it shall have become a law; provided, however, that section three 34 of this act shall apply to contracts of sale for real property entered 35 into on or after such effective date; and provided further, however, 36 that effective immediately the commissioner of housing and community 37 renewal and the commissioner of health, in consultation with each other, 38 are hereby authorized and directed to promulgate any rules and regu- 39 lations necessary for the implementation of this act on or before its 40 effective date.
