Bill Text: NY A05054 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts the "Lead Free Homes Act"; requires the department of health to promulgate standards for lead remediation and abatement of exemption; provides tax credits to class A multiple dwelling owners who undertake a successful lead remediation or abatement; requires lead testing on drinking water prior to the sale of residential property; requires owners of class A multiple dwellings to perform lead testing and provides for fines for violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to health [A05054 Detail]
Download: New_York-2023-A05054-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5054 2023-2024 Regular Sessions IN ASSEMBLY February 27, 2023 ___________ Introduced by M. of A. CUNNINGHAM -- read once and referred to the Committee on Health AN ACT to amend the public health law, the tax law, the real property law and the multiple dwelling law, in relation to enacting the "Lead- Free Homes Act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Lead-Free Homes Act". 3 § 2. Section 1370 of the public health law, as amended by chapter 485 4 of the laws of 1992, subdivision 6 as amended by section 1 of part P of 5 chapter 57 of the laws of 2019, is amended to read as follows: 6 § 1370. Definitions. When used in this title, the following words and 7 phrases shall have the following meanings, unless the context clearly 8 requires otherwise: 9 1. "Dwelling" means a building or structure or portion thereof, 10 including the property occupied by and appurtenant to such dwelling, 11 which is occupied in whole or in part as the home, residence or sleeping 12 place of one or more human beings [and shall, without limiting the fore-13going, include]. 14 2. "School" means any public or private child care [facilities for15children under six years of age, kindergartens and nursery schools] 16 facility, child caring center, day nursery, day care agency, nursery 17 school, pre-school, pre-kindergarten, kindergarten, or elementary 18 school. 19 [2.] 3. "Area of high risk" means an area designated as such by the 20 commissioner or his or her representative and consisting of one or more 21 dwellings or schools in which a condition conducive to lead poisoning of 22 children is present. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08624-01-3A. 5054 2 1 [3.] 4. "Community of concern" means an area designated as such by the 2 commissioner or his or her representative with significant concen- 3 trations of children identified with elevated blood lead levels. 4 5. "A condition conducive to lead poisoning" means: (i) paint or other 5 similar surface-coating material containing lead in a condition accessi- 6 ble for ingestion or inhalation or where peeling or chipping of the 7 paint or other similar surface-coating material occurs or is likely to 8 occur; [and] (ii) plumbing, service pipes or other pipes, fixtures, or 9 other materials containing lead in a condition accessible for ingestion 10 or inhalation that are used to transport water to or within a dwelling 11 or a school; or (iii) other environmental conditions which may result in 12 significant lead exposure. 13 [4.] 6. "Program" means the lead poisoning prevention program in the 14 department established pursuant to section thirteen hundred seventy-a of 15 this title. 16 [5.] 7. "Council" means the advisory council on lead poisoning 17 prevention established pursuant to section thirteen hundred seventy-b of 18 this title. 19 [6.] 8. "Elevated lead levels" means a blood lead level greater than 20 or equal to five micrograms of lead per deciliter of whole blood or such 21 lower blood lead level as may be established by the department pursuant 22 to rule or regulation. 23 [7.] 9. "Person" means any natural person. 24 § 3. Section 1370-a of the public health law, as added by chapter 485 25 of the laws of 1992, paragraph (a) of subdivision 2 and subdivision 3 as 26 amended by section 4 of part A of chapter 58 of the laws of 2009, and 27 paragraphs (c) and (d) of subdivision 2 as amended and paragraphs (e) 28 and (f) of subdivision 2 as added by chapter 532 of the laws of 2022, is 29 amended to read as follows: 30 § 1370-a. Lead poisoning prevention program. 1. The department shall 31 establish a lead poisoning prevention program, in consultation with the 32 advisory council on lead poisoning prevention. This program shall be 33 responsible for establishing and coordinating activities to prevent lead 34 poisoning and to minimize risk of exposure to lead. The department shall 35 exercise any and all authority which may be deemed necessary and appro- 36 priate to effectuate the provisions of this title. 37 2. The department shall: 38 (a) promulgate and enforce regulations for screening children and 39 pregnant women, including requirements for blood lead testing, for lead 40 poisoning, and for follow up of children and pregnant women who have 41 elevated blood lead levels; 42 (b) promulgate and enforce regulations setting forth standards for 43 effectively inspecting dwellings and schools for conditions conducive to 44 lead poisoning, and for remediating and abating such conditions using 45 lead-safe work practices; 46 (c) enter into interagency agreements to coordinate lead poisoning 47 prevention, exposure reduction, identification and treatment activities 48 and lead reduction activities with other federal, state and local agen- 49 cies and programs; 50 [(c)] (d) establish a statewide registry of lead levels of children 51 provided such information is maintained as confidential except for (i) 52 disclosure for medical treatment purposes; (ii) disclosure of non-iden- 53 tifying epidemiological data; and (iii) disclosure of information from 54 such registry to the statewide immunization information system estab- 55 lished by section twenty-one hundred sixty-eight of this chapter;A. 5054 3 1 [(d)] (e) develop and implement public education and community 2 outreach programs on lead exposure, detection and risk reduction; 3 [(e)] (f) require primary health care providers to provide the parent 4 or guardian of each child under six years of age anticipatory guidance 5 on lead poisoning prevention as part of routine care, including but not 6 limited to contact information for the state-designated childhood lead 7 poisoning primary prevention program serving their county; and 8 [(f)] (g) develop and update as necessary, in consultation with the 9 New York state advisory council on lead poisoning prevention, a stand- 10 ardized lead exposure risk assessment questionnaire that shall be avail- 11 able on the department's website for primary health care providers to 12 utilize pursuant to subdivision two-a of section thirteen hundred seven- 13 ty-c of this title. 14 3. The department shall identify and designate areas in the state with 15 significant concentrations of children identified with elevated blood 16 lead levels as communities of concern for purposes of implementing a 17 childhood lead poisoning primary prevention program, and may, within 18 amounts appropriated, provide grants to implement approved programs. 19 The department shall consider the results of tests of drinking water of 20 residential real property conducted and reported to the commissioner 21 pursuant to section two hundred forty-two-a of the real property law and 22 section eighty-five of the multiple dwelling law in considering whether 23 a community shall be designated as a community of concern. The commis- 24 sioner of health of a county or part-county health district, a county 25 health director or a public health director and, in the city of New 26 York, the commissioner of the New York city department of health and 27 mental hygiene, shall develop and implement a childhood lead poisoning 28 primary prevention program to prevent exposure to lead-based paint 29 hazards for the communities of concern in their jurisdiction. The 30 department shall provide funding to the New York city department of 31 health and mental hygiene or county health departments to implement the 32 approved work plan for a childhood lead poisoning primary prevention 33 program. The work plan and budget, which shall be subject to the 34 approval of the department, shall include, but not be limited to: (a) 35 identification and designation of an area or areas of high risk within 36 communities of concern; (b) a housing inspection program that includes 37 prioritization and inspection of areas of high risk for lead hazards, 38 correction of identified lead hazards using effective lead-safe work 39 practices and, appropriate oversight of remediation work; (c) partner- 40 ships with other county or municipal agencies or community-based organ- 41 izations to build community awareness of the childhood lead poisoning 42 primary prevention program and activities, coordinate referrals for 43 services, and support remediation of housing that contains lead hazards; 44 (d) a mechanism to provide education and referral for lead testing for 45 children and pregnant women to families who are encountered in the 46 course of conducting primary prevention inspections and other outreach 47 activities; and (e) a mechanism and outreach efforts to provide housing 48 inspections for lead hazards upon request. The commissioner of health of 49 a county or part-county health district, a county health director or a 50 public health director and, in the city of New York, the commissioner of 51 the New York city department of health and mental hygiene, shall also 52 enter into an agreement or subcontract with a municipal government 53 regarding inspection of the [paint] conditions in dwellings and schools 54 built prior to nineteen hundred seventy-eight for the area defined as 55 the community of concern and may, when qualified staff exists, designate 56 the local housing maintenance code enforcement agency in which theA. 5054 4 1 community of concern is located as an agency authorized to administer 2 the provisions of this title pursuant to subdivision one of section 3 thirteen hundred seventy-five of this title. A portion of grant funding 4 received to support the local primary prevention plan may be used to 5 reduce barriers to lead testing of children and pregnant women within 6 the communities of concern, including the purchase of lead testing 7 devices and supplies when the need for such resources is identified 8 within the community. The commissioner, the commissioner of health of a 9 county or part-county health district, a county health director or a 10 public health director and, in the city of New York, the commissioner of 11 the New York city department of health and mental hygiene, is authorized 12 to enter into agreements, contracts, subcontracts or memoranda of under- 13 standing with, and provide technical and other resources to, local 14 health officials, local building code officials, real property owners, 15 and community organizations in such areas to create and implement poli- 16 cies, education and other forms of community outreach to address lead 17 exposure, detection and risk reduction. Primary prevention plans shall 18 target children less than six years of age living in the highest risk 19 housing in the communities of concern identified. The plans shall also 20 take into consideration the extent the weatherization assistance program 21 and other such programs can be used in conjunction with lead-based paint 22 hazard risk reduction. Funding provided for this program shall be used 23 for the activities described in this section and shall not be used for 24 other activities required by this title. 25 § 4. Subdivision 1 and paragraph (i) of subdivision 4 of section 26 1370-b of the public health law, subdivision 1 as amended by section 79 27 of part A of chapter 62 of the laws of 2011, paragraph (i) of subdivi- 28 sion 4 as amended by section 5 of part A of chapter 58 of the laws of 29 2009 and such subdivision as renumbered by chapter 314 of the laws of 30 2020, are amended to read as follows: 31 1. The New York state advisory council on lead poisoning prevention is 32 hereby established in the department, to consist of the following, or 33 their designees: the commissioner; the commissioner of labor; the 34 commissioner of environmental conservation; the commissioner of housing 35 and community renewal; the commissioner of children and family services; 36 the commissioner of temporary and disability assistance; the secretary 37 of state; two members appointed by the temporary president of the 38 senate; one member appointed by the minority leader of the senate; two 39 members appointed by the speaker of the assembly; one member appointed 40 by the minority leader of the assembly; and fifteen public members 41 appointed by the governor. The public members shall have a demonstrated 42 expertise or interest in lead poisoning prevention and at least one 43 public member shall be representative of each of the following: local 44 government; community groups; labor unions; real estate; industry; 45 parents; educators; local housing authorities; child health advocates; 46 environmental groups; professional medical organizations and hospitals. 47 The public members of the council shall have fixed terms of three years; 48 except that five of the initial appointments shall be for two years and 49 five shall be for one year. The council shall be chaired by the commis- 50 sioner or his or her designee. 51 (i) To report on or before December first of each year to the governor 52 and the legislature concerning the previous year's development and 53 implementation of the statewide plan and operation of the program, 54 together with recommendations it deems necessary and the most currently 55 available lead surveillance measures[, including]. Such report shall 56 include: the actual number and estimated percentage of children testedA. 5054 5 1 for lead in accordance with New York state regulations, including age- 2 specific testing requirements[, and]; the actual number and estimated 3 percentage of children identified with elevated blood lead levels, the 4 geographic boundaries of each community of concern in the state 5 presented with maps or other means; the number of inspections of condi- 6 tions in dwellings and schools conducted in each community of concern 7 pursuant to subdivision three of section thirteen hundred seventy-a of 8 this title; the amount and purpose of funding the department provided to 9 the New York city department of health and mental hygiene and to each 10 county health department pursuant to subdivision three of section thir- 11 teen hundred seventy-a of this title; a description and the total budget 12 for each work plan approved by the department pursuant to subdivision 13 three of section thirteen hundred seventy-a of this title; the number of 14 tests of drinking water of residential real property conducted and 15 reported to the commissioner pursuant to section two hundred forty-two-a 16 of the real property law and section eighty-five of the multiple dwell- 17 ing law, respectively; the results of such tests broken down by the 18 county and the community of concern, if any, in which such real property 19 is located; and the total amount received by the department for fines 20 paid for violations of section eighty-five of the multiple dwelling law, 21 the county and community of concern, if any, of the real property for 22 which such fine was paid, the total amount of fines collected, and the 23 amount distributed to the New York city department of health and mental 24 hygiene and to each county health department. Such report shall be made 25 available on the department's website. 26 § 5. Section 1372 of the public health law, as amended by chapter 485 27 of the laws of 1992, is amended to read as follows: 28 § 1372. Use of leaded paint. No person shall apply paint or other 29 similar surface-coating material containing more than .06 of one per 30 centum of metallic lead based on the total weight of the contained 31 solids or dried paint film to any interior surface, window sill, window 32 frame or porch of a dwelling or school. 33 § 6. Section 1373 of the public health law, as added by chapter 338 of 34 the laws of 1970, subdivision 1 as amended by chapter 411 of the laws of 35 2017, subdivision 2 as amended by chapter 485 of the laws of 1992, 36 subdivision 3 as amended by chapter 20 of the laws of 2018, subdivision 37 5 as added by chapter 529 of the laws of 1976, is amended to read as 38 follows: 39 § 1373. Abatement of lead poisoning conditions. 1. Whenever the 40 commissioner or his or her representative shall designate an area of 41 high risk, he or she shall give written notice and demand, served as 42 provided by this section, for the discontinuance of a [paint] condition 43 conducive to lead poisoning in any designated dwelling or school in such 44 area within a specified period of time. 45 2. Such notice and demand shall prescribe the method of discontinuance 46 of a condition conducive to lead poisoning which may include the removal 47 of paint containing more than one-half of one per centum of metallic 48 lead based on the total weight of the contained solids or dried film of 49 the paint or other similar surface-coating material from surfaces speci- 50 fied by the commissioner or his or her representative under such safety 51 conditions as may be indicated and the refinishing of such surfaces with 52 a suitable finish which is not in violation of section [one thousand53three] thirteen hundred seventy-two of this title or the covering of 54 such surfaces with such material or the removal of lead contaminated 55 soils or lead pipes supplying drinking water as may be deemed necessary 56 to protect the life and health of occupants of the dwelling or school.A. 5054 6 1 3. In the event of failure to comply with a notice and demand, the 2 commissioner or his or her representative shall take enforcement action 3 as deemed appropriate by the commissioner or his or her representative, 4 which may include conducting a formal hearing upon due notice in accord- 5 ance with the provisions of section twelve-a of this chapter and on 6 proof of violation of such notice and demand may order abatement of a 7 paint condition conducive to lead poisoning upon such terms as may be 8 appropriate and may assess a penalty not to exceed two thousand five 9 hundred dollars for such violation; provided, however, that abatement 10 shall not be ordered if the respondent proves by a preponderance of 11 evidence at such hearing that a paint condition conducive to lead 12 poisoning in the designated dwelling or school does not exist. 13 4. A notice required by this section may be served upon an owner or 14 occupant of the dwelling or school, or an agent of the owner in the same 15 manner as a summons in a civil action or by registered or certified mail 16 to his or her last known address or place of residence. 17 5. The removal of a tenant from or the surrender by the tenant of a 18 dwelling with respect to which the commissioner or his or her represen- 19 tative, pursuant to subdivision one of this section, has given written 20 notice and demand for the discontinuance of a [paint] condition condu- 21 cive to lead poisoning shall not absolve, relieve or discharge any 22 persons chargeable therewith from the obligation and responsibility to 23 discontinue such [paint] condition conducive to lead poisoning in 24 accordance with the method of discontinuance prescribed therefor in such 25 notice and demand. 26 § 7. Section 1374 of the public health law, as added by chapter 338 of 27 the laws of 1970, is amended to read as follows: 28 § 1374. Receivership. 1. In the event of failure to comply with an 29 order issued pursuant to this title and containing provision for such 30 application, the officer issuing the order may apply to a court of 31 competent jurisdiction in the county wherein the dwelling or school is 32 located for an order appointing such officer or his or her designee 33 receiver of the rents of such dwelling or school for the purpose of 34 effectuating the provisions of such order. 35 2. An application for appointment of a receiver hereunder shall be on 36 at least ten days' notice to the owner of the dwelling or school, 37 effected in the same manner as in an action to foreclose a mortgage. A 38 receiver appointed hereunder shall not have any right superior to those 39 of any mortgagee or lienor of record who has not had at least ten days' 40 notice, by personal service or registered or certified mail, of the 41 application for appointment of a receiver. 42 3. A receiver appointed hereunder shall have the power to collect the 43 accrued and accruing rents of the dwelling or school and shall apply 44 such collected rents to costs and expenses incurred in connection with 45 (a) removing, replacing, repainting and covering surfaces of the dwell- 46 ing or school necessary to effectuate the provisions of the order of 47 abatement, (b) interim operation and management of the dwelling or 48 school, (c) administration of the receivership. 49 4. As soon as practicable after completion of his or her duties, the 50 receiver shall render a full accounting to the court and, upon payment 51 over of any surplus moneys to the owner or other persons as the court 52 may approve or direct and upon the order of the court, he or she shall 53 be relieved of any further responsibility or liability in connection 54 with his or her receivership. 55 § 8. The tax law is amended by adding a new section 23-a to read as 56 follows:A. 5054 7 1 § 23-a. Lead remediation and abatement credit. (a) Lead remediation 2 and abatement credit. A taxpayer who is a class A multiple dwelling 3 owner and has undertaken successful lead remediation or successful lead 4 abatement of such dwelling pursuant to paragraph (b) of subdivision two 5 of section thirteen hundred seventy-a of the public health law and is 6 subject to tax under article nine-A or twenty-two of this chapter, shall 7 be allowed a credit against such tax pursuant to subdivision (e) of this 8 section. 9 (b) Amount of credit. The amount of the credit shall be one thousand 10 five hundred dollars per dwelling unit for successful lead remediation 11 and five thousand dollars per dwelling unit for successful lead abate- 12 ment. The credit shall only be allowed for the taxable year such remedi- 13 ation or abatement was certified and both credits cannot be claimed in 14 the same year. The credit authorized pursuant to this section shall not 15 apply to any remediation or abatement commenced prior to June first, two 16 thousand twenty-three. 17 (c) Any recipient of a credit pursuant to this section shall not 18 evict, for reason of expired lease or holdover tenancy, a tenant or 19 lawful occupant of any dwelling unit for which such credit is received 20 for a period of one year after the credit is received, except as 21 provided in subdivision (d) of this section. 22 (d) Nothing in subdivision (c) of this section shall prevent eviction 23 proceedings from being commenced or shall cause eviction proceedings to 24 be stayed if the tenant or lawful occupant is persistently and unreason- 25 ably engaging in behavior that substantially infringes on the use and 26 enjoyment of other tenants or occupants or causes a substantial safety 27 hazard to others, provided: (i) if an eviction proceeding is pending on 28 the date a landlord or property owner receives a credit pursuant to this 29 section, but the petitioner has not previously alleged that such tenant 30 or occupant persistently and unreasonably engaged in such behavior, the 31 petitioner shall be required to submit a new petition with such allega- 32 tions and comply with all notice and service requirements under article 33 seven of the real property actions and proceedings law and this subdivi- 34 sion; (ii) if the court has awarded a judgment against a respondent 35 prior to the date a landlord or property owner receives a credit pursu- 36 ant to this section on the basis of objectionable or nuisance behavior, 37 the court shall hold a hearing to determine whether the tenant is 38 continuing to persist in engaging in unreasonable behavior that substan- 39 tially infringes on the use and enjoyment of other tenants or occupants 40 or causes a substantial safety hazard to others; (iii) for the purposes 41 of this subdivision, a mere allegation of the behavior by the petitioner 42 or an agent of the petitioner alleging such behavior shall not be suffi- 43 cient evidence to establish that the tenant has engaged in such behav- 44 ior; (iv) if the petitioner fails to establish that the tenant or lawful 45 occupant persistently and unreasonably engaged in such behavior and the 46 landlord or property owner receives a credit pursuant to this section, 47 the court shall stay or continue to stay any further proceedings until 48 the one year period provided for in subdivision (c) of this section has 49 elapsed; and (v) if the petitioner establishes that the tenant persis- 50 tently and unreasonably engaged in such behavior, the proceeding may 51 continue pursuant to article seven of the real property actions and 52 proceedings law and this subdivision. 53 (e) Cross-references. For application of the credit provided for in 54 this section, see the following provisions of this chapter: 55 Article 9-A: Section 210-B, subdivision 59. 56 Article 22: Section 606, subsections (i) and (ooo).A. 5054 8 1 § 9. Section 210-B of the tax law is amended by adding a new subdivi- 2 sion 59 to read as follows: 3 59. Lead remediation and abatement credit. (a) Allowance of credit. A 4 taxpayer who is a class A multiple dwelling owner and has undertaken 5 successful lead remediation or successful lead abatement of such dwell- 6 ing pursuant to paragraph (b) of subdivision two of section thirteen 7 hundred seventy-a of the public health law and is subject to tax under 8 this article, shall be allowed a credit, to be computed as provided in 9 section twenty-three-a of this chapter, against the tax imposed by this 10 article. 11 (b) Application of credit. The credit allowed under this subdivision 12 for any taxable year shall not reduce the tax due for such year to less 13 than the higher amount prescribed in paragraph (d) of subdivision one of 14 this section. However, if the amount of credits allowed under this 15 subdivision for any taxable year reduces the tax to such amount, any 16 amount of credit thus not deductible in such taxable year shall be 17 treated as an overpayment of tax to be credited or refunded in accord- 18 ance with the provisions of section one thousand eighty-six of this 19 chapter. Provided, however, the provisions of subsection (c) of section 20 one thousand eighty-eight of this chapter notwithstanding, no interest 21 shall be paid thereon. 22 (c) Any recipient of a credit pursuant to this section shall not 23 evict, for reason of expired lease or holdover tenancy, a tenant or 24 lawful occupant of any dwelling unit for which such credit is received 25 for a period of one year after the credit is received, except as 26 provided in paragraph (d) of this subdivision. 27 (d) Nothing in paragraph (c) of this subdivision shall prevent 28 eviction proceedings from being commenced or shall cause eviction 29 proceedings to be stayed if the tenant or lawful occupant is persistent- 30 ly and unreasonably engaging in behavior that substantially infringes on 31 the use and enjoyment of other tenants or occupants or causes a substan- 32 tial safety hazard to others, provided: (i) if an eviction proceeding is 33 pending on the date a landlord or property owner receives a credit 34 pursuant to this section, but the petitioner has not previously alleged 35 that such tenant or occupant persistently and unreasonably engaged in 36 such behavior, the petitioner shall be required to submit a new petition 37 with such allegations and comply with all notice and service require- 38 ments under article seven of the real property actions and proceedings 39 law and this paragraph; (ii) if the court has awarded a judgment against 40 a respondent prior to the date a landlord or property owner receives a 41 credit pursuant to this section on the basis of objectionable or 42 nuisance behavior, the court shall hold a hearing to determine whether 43 the tenant is continuing to persist in engaging in unreasonable behavior 44 that substantially infringes on the use and enjoyment of other tenants 45 or occupants or causes a substantial safety hazard to others; (iii) for 46 the purposes of this paragraph, a mere allegation of the behavior by the 47 petitioner or an agent of the petitioner alleging such behavior shall 48 not be sufficient evidence to establish that the tenant has engaged in 49 such behavior; (iv) if the petitioner fails to establish that the tenant 50 or lawful occupant persistently and unreasonably engaged in such behav- 51 ior and the landlord or property owner receives a credit pursuant to 52 this section, the court shall stay or continue to stay any further 53 proceedings until the one year period provided for in paragraph (c) of 54 this subdivision has elapsed; and (v) if the petitioner establishes that 55 the tenant persistently and unreasonably engaged in such behavior, theA. 5054 9 1 proceeding may continue pursuant to article seven of the real property 2 actions and proceedings law and this paragraph. 3 § 10. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 4 of the tax law is amended by adding a new clause (l) to read as follows: 5 (l) Lead remediation and Amount of credit under subdivision 6 abatement credit under subsection fifty-nine of section two 7 (ooo) hundred ten-B 8 § 11. Section 606 of the tax law is amended by adding a new subsection 9 (ooo) to read as follows: 10 (ooo) Lead remediation and abatement credit. (1) Allowance of credit. 11 A taxpayer who is a class A multiple dwelling owner and has undertaken 12 successful lead remediation or successful lead abatement of such dwell- 13 ing pursuant to paragraph (b) of subdivision two of section thirteen 14 hundred seventy-a of the public health law and is subject to tax under 15 this article, shall be allowed a credit, to be computed as provided in 16 section twenty-three-a of this chapter, against the tax imposed by this 17 article. 18 (2) Application of credit. If the amount of the credit allowed under 19 this subsection for any taxable year shall exceed the taxpayer's tax for 20 such year, the excess shall be treated as an overpayment of tax to be 21 credited or refunded in accordance with the provisions of section six 22 hundred eighty-six of this article, provided, however, that no interest 23 shall be paid thereon. 24 (3) Any recipient of a credit pursuant to this subsection shall not 25 evict, for reason of expired lease or holdover tenancy, a tenant or 26 lawful occupant of any dwelling unit for which such credit is received 27 for a period of one year after the credit is received, except as 28 provided in paragraph four of this subsection. 29 (4) Nothing in paragraph three of this subsection shall prevent 30 eviction proceedings from being commenced or shall cause eviction 31 proceedings to be stayed if the tenant or lawful occupant is persistent- 32 ly and unreasonably engaging in behavior that substantially infringes on 33 the use and enjoyment of other tenants or occupants or causes a substan- 34 tial safety hazard to others, provided: (i) if an eviction proceeding is 35 pending on the date a landlord or property owner receives a credit 36 pursuant to this subsection, but the petitioner has not previously 37 alleged that such tenant or occupant persistently and unreasonably 38 engaged in such behavior, the petitioner shall be required to submit a 39 new petition with such allegations and comply with all notice and 40 service requirements under article seven of the real property actions 41 and proceedings law and this paragraph; (ii) if the court has awarded a 42 judgment against a respondent prior to the date a landlord or property 43 owner receives a credit pursuant to this subsection on the basis of 44 objectionable or nuisance behavior, the court shall hold a hearing to 45 determine whether the tenant is continuing to persist in engaging in 46 unreasonable behavior that substantially infringes on the use and enjoy- 47 ment of other tenants or occupants or causes a substantial safety hazard 48 to others; (iii) for the purposes of this paragraph, a mere allegation 49 of the behavior by the petitioner or an agent of the petitioner alleging 50 such behavior shall not be sufficient evidence to establish that the 51 tenant has engaged in such behavior; (iv) if the petitioner fails to 52 establish that the tenant or lawful occupant persistently and unreason- 53 ably engaged in such behavior and the landlord or property owner 54 receives a credit pursuant to this subsection, the court shall stay or 55 continue to stay any further proceedings until the one year period 56 provided for in paragraph three of this subsection has elapsed; and (v)A. 5054 10 1 if the petitioner establishes that the tenant persistently and unreason- 2 ably engaged in such behavior, the proceeding may continue pursuant to 3 article seven of the real property actions and proceedings law and this 4 paragraph. 5 § 12. The real property law is amended by adding a new section 242-a 6 to read as follows: 7 § 242-a. Lead disclosure. 1. Any seller of residential real property 8 on or after July first, two thousand twenty-four, shall be required to 9 provide at least one week before closing the results of a test of the 10 drinking water of the residential property being conveyed for the pres- 11 ence of lead conducted no more than twelve months prior to the closing 12 date. This subdivision shall not apply to the conveyance of residential 13 real property where the owner remains the same natural person or persons 14 regardless of whether such property is conveyed to a limited liability 15 company or other entity. Any such seller required to provide the 16 results of a test pursuant to this section shall submit the results of 17 such test to the department of health in a manner the department 18 prescribes. 19 2. The department of health shall promulgate the standards for any 20 tests required to be conducted pursuant to subdivision one of this 21 section and shall collect the results of all such tests. Such tests 22 shall provide for the testing of water from the service lines leading 23 into the property. The commissioner of health shall include a detailed 24 summary of the results of such tests throughout the state in the annual 25 report required pursuant to paragraph (i) of subdivision four of section 26 thirteen hundred seventy-b of the public health law and shall use the 27 data collected pursuant to this section to identify communities of 28 concern pursuant to section thirteen hundred seventy-a of the public 29 health law. 30 § 13. The multiple dwelling law is amended by adding a new section 85 31 to read as follows: 32 § 85. Lead testing. 1. As used in this section, the following terms 33 shall have the following meanings: 34 (a) "Person" means an individual, firm, company, partnership, or 35 corporation, trade group or association; and 36 (b) "Contractor" means any person, other than a bona fide employee of 37 the owner, who owns, operates, maintains, conducts, controls or trans- 38 acts a home improvement business and who undertakes or offers to under- 39 take or agrees to perform any home improvement or solicits any contract 40 therefor, whether or not such person is licensed, and whether or not 41 such person is a prime contractor or subcontractor with respect to the 42 owner. 43 2. The owner of any class A multiple dwelling shall, before the start 44 of a new tenancy after July first, two thousand twenty-four, provide to 45 the tenant prior to lease-signing the results of a test of the drinking 46 water of the residential property that is the subject of the lease for 47 the presence of lead conducted no more than twelve months prior to the 48 commencement of the lease. Any such owner required to provide the 49 results of a test pursuant to this section shall submit the results of 50 such test to the department of health in a manner the department 51 prescribes. 52 3. (a) The department of health shall promulgate the standards for any 53 such tests conducted pursuant to subdivision two of this section and 54 collect all results of all such tests. Such tests shall provide for the 55 testing of water from the service lines leading into the dwelling. The 56 commissioner of health shall include a detailed summary of the resultsA. 5054 11 1 of such tests throughout the state in the annual report required pursu- 2 ant to paragraph (i) of subdivision four of section thirteen hundred 3 seventy-b of the public health law and shall use the data collected 4 pursuant to this paragraph to identify communities of concern pursuant 5 to section thirteen hundred seventy-a of the public health law. 6 (b) (i) In any communities of concern, if any dwelling unit is found 7 pursuant to testing provided for in subdivision two of this section to 8 have drinking water with lead in excess of fifteen parts per billion, 9 the owner shall: 10 (A) provide immediate and lasting access to safe water for drinking 11 and bathing; and 12 (B) within three months, provide long-term remediation or abatement 13 lasting at least the duration of the tenancy; or 14 (C) provide the tenant with reasonable alternative accommodation for 15 the duration of the tenancy at no greater cost, including all moving 16 expenses not to exceed one month's rent. 17 (ii) Any owner found in violation of subdivision two of this section 18 or this subdivision shall be subject to a fine per dwelling unit of five 19 hundred dollars for the first violation, one thousand dollars for the 20 second violation, and one thousand five hundred dollars for the third 21 and successive violations. Every additional thirty days any violation of 22 such subdivisions is not remedied, starting thirty days after the issu- 23 ance of the first violation, shall be subject to an additional fine 24 equal to the fine levied by the initial violation. Fifty percent of any 25 fine issued pursuant to such subdivisions shall be paid directly to any 26 tenant or tenants of the affected dwelling units in the form of a credit 27 for future rent or a rebate on rent already paid should the rent due on 28 the duration of the tenancy be less than the amount owed under this 29 subdivision. 30 (c) If the owner of a dwelling unit subject to this section with 31 drinking water having lead in excess of fifteen parts per billion finds 32 that the source of the lead contaminate is partially or fully owned by a 33 different person or entity, such person or entity shall be responsible 34 for any costs incurred in compliance with this section either through 35 direct reimbursement of the owner of the multiple dwelling or via direct 36 payment to the tenant or tenants, excepting subparagraph (ii) of para- 37 graph (b) of this subdivision. The ownership of the source of contam- 38 inate shall be reported to the commissioner of health. 39 (d) No owner or persons responsible for the source of the contaminate 40 where the source is service pipes providing drinking water to the resi- 41 dential dwelling unit where such water is found to contain more than 42 fifteen parts per billion of lead may partially replace any lead service 43 pipes, even if the owner or persons responsible do not control the 44 entirety of the contaminated service lines. Service lines found to be 45 contributing to the contamination of drinking water to a dwelling unit 46 subject to this subdivision shall be replaced in full. 47 4. (a) In every town, village, county, and city outside of the city of 48 New York, beginning January first, two thousand twenty-seven, for any 49 class A multiple dwelling constructed before nineteen seventy-eight, 50 within five years of such date; or prior to the issuance of a certif- 51 icate of occupancy; or within one year after the owner or landlord is 52 notified that a child of six years or younger comes to reside in a 53 dwelling unit subject to the requirements of this section; or at the 54 time of inspection for any state or federal affordable housing program 55 or at the time of inspection for any state-funded rental voucher, which- 56 ever is sooner, an investigation for the presence of lead-based paintA. 5054 12 1 undertaken pursuant to this subdivision shall be performed by a person 2 who (i) is not the owner or the agent of the owner or any contractor 3 hired to perform work related to the remediation of lead-based paint 4 hazards, and (ii) is certified as an inspector or risk assessor pursuant 5 to section 745.226 of title 40 of the code of federal regulations. Such 6 inspection shall consist of the use of an x-ray fluorescence analyzer on 7 all types of surfaces in accordance with the procedures described in 8 chapter 7 of the United States department of housing and urban develop- 9 ment guidelines for the evaluation and control of lead-based paint 10 hazards in housing, including on chewable surfaces, friction surfaces, 11 and impact surfaces, to determine whether lead-based paint is present, 12 and where such paint is located, in such dwelling unit. Provided, howev- 13 er, that the investigation specified by this subdivision shall not be 14 required if an investigation that complies with the requirements of this 15 subdivision was previously completed and the owner retains records of 16 such investigation. The results of any investigation required to be 17 completed pursuant to this section shall be submitted to the department 18 of health in a manner the department prescribes. 19 (b) (i) The department of health shall promulgate the standards for 20 any investigation required to be conducted pursuant to paragraph (a) of 21 this subdivision and collect all results of all such tests. The commis- 22 sioner of health shall include a detailed summary of the results of such 23 investigations throughout the state in the annual report required pursu- 24 ant to paragraph (i) of subdivision four of section thirteen hundred 25 seventy-b of the public health law and shall use the data collected 26 pursuant to paragraph (a) of this subdivision to identify communities of 27 concern pursuant to section thirteen hundred seventy-a of the public 28 health law. 29 (iii) Any owner found to be in violation of the requirements of this 30 subdivision shall be subject to a fine of five hundred dollars for the 31 first offense, one thousand dollars for the second offense, and up to 32 five thousand dollars for the third and any subsequent offenses. Fifty 33 percent of any fine issued pursuant to this subdivision shall be paid 34 directly to any tenant or tenants of the affected dwelling units in the 35 form of a credit for future rent or a rebate on rent already paid should 36 the rent due on the duration of the tenancy be less than the amount owed 37 under this subdivision. 38 5. Any class A multiple dwelling constructed before nineteen seventy- 39 eight that has not been previously inspected for and certified for the 40 abatement or remediation of lead-based paint shall be presumed to have a 41 high risk for lead-based paint. This section shall serve as constructive 42 notice for any class A multiple dwelling constructed prior to nineteen 43 seventy-eight of a high risk of lead-based paint. 44 6. The owner of any dwelling that performs any work or provides any 45 notices pursuant to this section shall retain all records relating to 46 such work or notices for a period of no less than one year from the 47 completion date of such work or notification pursuant to rules promul- 48 gated by the commissioner of health. The owner shall keep a record of: 49 (a) the date that such unit turned over whenever such turnover occurs; 50 (b) the name of each inspector, risk assessor or contractor who 51 performed required investigations pursuant to this section; and (c) all 52 testing results performed pursuant to this section and any other lead- 53 based paint testing that has occurred in such unit. The owner shall make 54 any such records required to be retained by this section available to 55 the department of health upon the commissioner of health's request, and 56 shall transfer such records to the owner's successor in title.A. 5054 13 1 7. The department of health shall promulgate a notice that includes 2 the risk of lead exposure to children and the risk of lead poisoning in 3 dwellings constructed prior to nineteen seventy-eight. The commissioner 4 of health shall require such notice be appended to every lease for a 5 class A multiple dwelling constructed prior to nineteen seventy-eight. 6 The commissioner of health may maintain a list of class A multiple 7 dwellings exempt from such notice due to certificates of lead abatement. 8 8. The commissioner of health shall collect all fines due pursuant to 9 this section in a fund created for and solely dedicated to this purpose. 10 The commissioner of health shall promulgate any rules and regulations 11 necessary to distribute these funds annually to cities, counties, towns, 12 and villages outside of towns for the purpose of the enforcement of this 13 section and for the furtherance of lead abatement and remediation, with 14 at least seventy-five percent of funds to be directed to communities of 15 concern pursuant to section thirteen hundred seventy-a of the public 16 health law. The commissioner of health may, at his or her discretion, 17 distribute these funds directly to the owners of class A multiple dwell- 18 ings subject to this section who own fifty or fewer dwelling units sole- 19 ly to conduct lead testing, inspection, remediation or abatement in high 20 risk localities. The commissioner of health shall include a detailed 21 summary of the number of fines collected broken down by census tract 22 and/or zip code, and how the funds were disbursed, in the annual report 23 required pursuant to paragraph (i) of subdivision four of section thir- 24 teen hundred seventy-b of the public health law. 25 9. The commissioner of health shall promulgate any rules or regu- 26 lations required to effectuate the provisions of this section. 27 § 14. This act shall take effect immediately.
