Bill Text: NY S02947 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts the "childhood lead poisoning prevention and safe housing act of 2023"; requires the reduction and elimination of lead-based paint hazards; defines terms; provides that properties shall be maintained free of conditions conducive to lead paint poisoning.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S02947 Detail]
Download: New_York-2023-S02947-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2947 2023-2024 Regular Sessions IN SENATE January 26, 2023 ___________ Introduced by Sens. KAVANAGH, BAILEY, BRESLIN, CLEARE, HOYLMAN-SIGAL, MAY, PARKER, RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Judici- ary AN ACT to amend the real property law, the labor law, the tax law, the state finance law, the multiple dwelling law, the multiple residence law, the social services law and the public health law, in relation to enacting the "childhood lead poisoning prevention and safe housing act of 2023" 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 2023". 3 § 2. Legislative findings and purposes. 1. (a) Lead poisoning of chil- 4 dren persists as one of the most prevalent and preventable environmental 5 diseases in New York. Nearly 100,000 children were newly identified with 6 levels of lead in their blood at or above 5 micrograms per deciliter 7 (ug/dL) in New York state between 2011 and 2015. Moreover, only about 8 one-third of children are receiving the lead screenings that are 9 required by law and therefore, the actual number of children affected by 10 the ingestion or inhalation of lead is undoubtedly significantly greater 11 than reported. Prevention is the only effective way to protect children 12 from irreversible damage. Unless lead poisoning is prevented, elevated 13 blood lead levels will result in impairment of the ability of children 14 to think, concentrate, and learn. 15 (b) Medical research indicates that children can suffer permanent, 16 irreparable damage at blood levels even lower than 5ug/dL, and that 17 there is no level of lead ingestion or inhalation which is without 18 adverse impact. Medical research also indicates that fetal injuries from 19 lead paint can occur if women have elevated blood levels during pregnan- 20 cy. Because of this, intervention measures that wait until children EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07256-01-3S. 2947 2 1 have been exposed have limited benefits, and the pursuit of primary 2 prevention, which means eliminating lead hazards before children are 3 exposed, has been recommended by the federal centers for disease control 4 and prevention (CDC) and promoted by leading experts in the field as a 5 critical course of action to protect the health of young children. 6 (c) Adult exposure to lead is also dangerous. It increases the risk of 7 mortality from hypertension and cardiovascular disease with a recent 8 large-scale study finding that 400,000 deaths per year in the U.S. are 9 attributable to lead exposure. The study found that even adult blood 10 lead concentrations lower than 5 ug/dL are associated with mortality. In 11 addition, the federal environmental protection agency (EPA) classifies 12 lead as a probable human carcinogen. 13 (d) The predominant cause of lead poisoning in children is the inges- 14 tion or inhalation of lead particles from deteriorating or abraded lead- 15 based paint from older and poorly maintained residences. 16 (e) Deteriorating lead-based paint or excessive amounts of lead-conta- 17 minated dust in these poorly maintained homes, or lead-contaminated soil 18 around residences, endangers the intellectual and emotional development 19 and physical well-being of affected children, and endangers the long- 20 term health of all inhabitants. In addition, unsafe work practices that 21 inadequately control lead dust in the repair or renovation of older 22 homes can cause substantial lead hazards. 23 (f) Although New York state banned the sale of lead paint in 1970 24 (chapter 338 of the laws of 1970), seventy percent of New York's housing 25 stock was constructed prior to 1970, and seventy-eight percent was 26 constructed prior to 1978, the year federal law banned the use of lead- 27 based paint in residential homes. At least ninety percent of lead-based 28 paint still remaining in occupied housing exists in units built before 29 1960. New York state has both the largest percentage and the largest 30 absolute number of older housing units with lead paint in the nation. 31 (g) The dangers posed by lead-based paint can be substantially 32 reduced, although not eliminated, by taking measures to prevent paint 33 deterioration and limiting children's exposure to paint chips and lead 34 dust. 35 (h) The deterioration of lead-based paint in older residences results 36 in increased expenses each year for the state of New York in the form of 37 special education and other education expenses, medical care for lead 38 poisoned children, and expenditures for delinquent youth and others 39 needing special supervision. The overall social costs of lead poisoning 40 are estimated to amount to at least six billion dollars annually. 41 (i) Older housing units remain an important part of New York's housing 42 stock, particularly for those of modest or limited incomes. The problem 43 of lead-based paint in housing, as well as in surrounding soil, affects 44 urban, suburban and rural areas of the state. 45 (j) The existing housing codes and enforcement systems in most New 46 York jurisdictions do not include primary prevention measures for lead 47 hazards and have proven ineffective in encouraging widespread lead-based 48 paint hazard abatement, mitigation, and control. As a result, in many 49 cases lead hazards are often not identified until a child is found to 50 have high concentrations of lead in their blood. 51 (k) The financial incentives currently in place have not proven suffi- 52 cient to motivate landlords and other property owners to undertake wide- 53 spread and effective lead-based paint hazard abatement, mitigation, and 54 control; moreover low and moderate income property owners may not have 55 access to the resources to eliminate or substantially reduce lead 56 hazards.S. 2947 3 1 (l) Insurance companies are reluctant to provide coverage to property 2 owners in the absence of evidence that lead hazards have been appropri- 3 ately addressed. 4 (m) Knowledge of lead-based paint hazards, their control, mitigation, 5 abatement, and risk avoidance is not sufficiently widespread, especially 6 outside urban areas. 7 2. The purposes of this act are: 8 (a) to increase the supply of affordable rental housing in the state 9 of New York in which measures have been taken to eliminate or substan- 10 tially reduce the risk of childhood lead poisoning; 11 (b) to ensure that New York's response to lead-based paint hazards 12 focuses on primary prevention as the essential tool to combat childhood 13 lead poisoning - meaning that lead hazards are eliminated or substan- 14 tially reduced before a child has been poisoned, and thus to substan- 15 tially reduce, and eventually eliminate, the incidence of childhood lead 16 poisoning in the state of New York; 17 (c) to establish lead hazard control standards in the state of New 18 York, and make their enforcement more certain and more effective; 19 (d) to improve public awareness of the dangers of exposure to lead 20 even at low levels, and to educate both property owners and tenants 21 about practices that can reduce the incidence of lead poisoning; and 22 (e) to provide resources for property owners who commit to undertake 23 specified lead hazard reduction measures; 24 (f) to improve the responses of the department of health in those 25 situations where children are identified with elevated blood lead 26 levels; and 27 (g) to better coordinate across various departments and agencies to 28 protect children from lead poisoning. 29 § 3. The real property law is amended by adding a new article 19 to 30 read as follows: 31 ARTICLE 19 32 CHILDHOOD LEAD POISONING PREVENTION AND SAFE HOUSING 33 Section 500. Definitions. 34 501. Requirements for owners of affected properties. 35 502. Investigation and inspection of affected properties by the 36 deputy commissioner. 37 503. Safe work practices for activities disturbing lead-based 38 paint or paint of unknown lead content in affected prop- 39 erties. 40 504. Accreditation of inspectors and contractors performing 41 work. 42 505. Enforcement. 43 506. Injunctive relief. 44 507. Retaliatory evictions prohibited. 45 508. Lead poisoning prevention fee. 46 509. Designation of exempt municipalities; minimum standards for 47 lead-based paint poisoning prevention programs. 48 510. Reporting. 49 § 500. Definitions. 1. "Abatement" means any set of measures designed 50 to permanently eliminate lead-based paint or lead-based paint hazards. 51 Abatement includes the removal of lead-based paint, the permanent enclo- 52 sure or encapsulation of lead-based paint, the replacement of components 53 or fixtures painted with lead-based paint, and the removal or permanent 54 covering of soil-lead hazards. When abatement has occurred, a property 55 is deemed abated.S. 2947 4 1 2. "Affected property" means a room or group of rooms within a proper- 2 ty constructed before nineteen hundred seventy-eight that form a single 3 independent habitable dwelling unit for occupation by one or more indi- 4 viduals that has living facilities with permanent provisions for living, 5 sleeping, eating, cooking, and sanitation. "Affected property" does not 6 include: 7 (a) a unit within a hotel, motel, or similar seasonal or transient 8 facility unless such unit is occupied by one or more persons for a peri- 9 od exceeding thirty days; 10 (b) an area which is secured and inaccessible to occupants; 11 (c) a unit which is not offered for rent or not incident to employ- 12 ment; 13 (d) an unoccupied dwelling unit or residential property that is to be 14 demolished, provided the dwelling unit or property will remain unoccu- 15 pied until demolition; 16 (e) a dwelling or dwelling unit within an exempt municipality; or 17 (f) property owned or operated by a unit of federal, state, or local 18 government, or any public, quasi-public, or municipal corporation, if 19 the property is subject to lead standards that are equal to, or more 20 stringent than, the requirements for lead-stabilized status under para- 21 graph c of subdivision one of section five hundred one of this article, 22 but does include privately-owned properties that receive governmental 23 rental assistance. 24 3. "Area of high risk" means an area designated as such by the deputy 25 commissioner, pursuant to section five hundred two of this article, in 26 conjunction with the commissioner of health pursuant to section thirteen 27 hundred seventy of the public health law. 28 4. "Change in occupancy" means a change of tenant in an affected prop- 29 erty in which the property is vacated and possession is either surren- 30 dered to the owner or abandoned. 31 5. "Chewable surface" shall mean a protruding interior windowsill in a 32 dwelling unit in an affected property that is readily accessible to a 33 child under age seven. "Chewable surface" shall also mean any other type 34 of interior edge or protrusion in a dwelling unit in an affected proper- 35 ty, such as a rail or stair. 36 6. "Condition conducive to lead poisoning" means: (a) a lead-based 37 paint hazard; and/or (b) other environmental conditions which may result 38 in significant lead exposure, including soil-lead hazards. 39 7. "Containment" means the physical measures taken to ensure that dust 40 and debris created or released during lead-based paint hazard reduction 41 are not spread, blown, or tracked from inside to outside of the work- 42 site. 43 8. "Deputy commissioner" means such person as has been designated by 44 the commissioner of housing and community renewal to enforce this arti- 45 cle. 46 9. "Deteriorated paint" means any interior or exterior paint or other 47 coating that is curling, scaling, flaking, blistering, peeling, chip- 48 ping, chalking, cracking, or loose in any manner, such that a space or 49 pocket of air is behind a portion thereof or such that the paint is not 50 completely adhered to the underlying subsurface, or is otherwise damaged 51 or separated from the substrate. 52 10. "Deteriorated subsurface" shall mean an unstable or unsound paint- 53 ed subsurface, an indication of which can be observed through a visual 54 inspection, including, but not limited to, rotted or decayed wood, or 55 wood or plaster that has been subject to moisture or disturbance. 56 11. "Division" means the division of housing and community renewal.S. 2947 5 1 12. "Dwelling" means a building or structure or portion thereof, 2 including the property occupied by and appurtenant to such dwelling, 3 which is occupied in whole or in part as the home, residence or sleeping 4 place of one or more human beings and shall, without limiting the fore- 5 going, include child care facilities for children under seven years of 6 age, kindergartens and nursery schools. 7 13. "Dwelling unit" means a: 8 (a) single-family dwelling, including attached structures such as 9 porches and stoops; or 10 (b) housing unit in a structure that contains more than one separate 11 housing unit, and in which each such unit is used or occupied, or 12 intended to be used or occupied, in whole or in part, as the home or 13 separate living quarters of one or more persons. 14 14. "Encapsulation" means the application of a covering or coating 15 that acts as a barrier between the lead-based paint and the environment 16 and that relies for its durability on adhesion between the encapsulant 17 and the painted surface, and on the integrity of the existing bonds 18 between paint layers and between the paint and the substrate. Encapsu- 19 lation may be used as a method of abatement if it is designed and 20 performed so as to be permanent. 21 15. "Exempt municipality" means the cities of New York, Rochester, and 22 Syracuse, and such other municipalities that the commissioner of housing 23 and community renewal may designate pursuant to section five hundred 24 nine of this article. 25 16. "Exterior surfaces" means: 26 (a) all fences and porches that are part of a dwelling; 27 (b) all outside surfaces of a dwelling that are accessible to a child 28 under the age of seven and that: 29 (1) are attached to the outside of such dwelling; or 30 (2) consist of other buildings that are appurtenant to such dwelling, 31 such as a garage or shed; and 32 (c) all painted surfaces in stairways, hallways, entrance areas, 33 recreation areas, laundry areas, and garages within a multifamily dwell- 34 ing that are common to individual dwelling units, one or more of which 35 constitutes an affected property. 36 17. "Friction surface" means an interior or exterior painted surface 37 that touches or is in contact with another surface, such that the two 38 surfaces are capable of relative motion and abrade, scrape, or bind when 39 in relative motion. Friction surfaces shall include, but not be limited 40 to, window frames and jambs, doors, and hinges. 41 18. "G" means gram, "mg" means milligram (thousandth of a gram), and 42 "ug" means microgram (millionth of a gram). 43 19. "Hazard reduction" means measures designed to reduce or eliminate 44 human exposure to lead-based paint hazards. 45 20. "High-efficiency particle air vacuum" or "HEPA-vacuum" means a 46 device capable of filtering out particles of 0.3 microns or greater from 47 a body of air at an efficiency of 99.97% or greater; "HEPA-vacuum" 48 includes use of a HEPA-vacuum. 49 21. "Impact surface" means an interior or exterior painted surface 50 that shows evidence, such as marking, denting, or chipping, that it is 51 subject to damage by repeated sudden force, such as certain parts of 52 door frames, moldings, or baseboards. 53 22. "Inspection" means a comprehensive survey by a properly accredited 54 person to determine the presence of lead-based paint and lead-based 55 paint hazards and the provision of a report explaining the results of 56 the inspection.S. 2947 6 1 23. "Interior windowsill" means a portion of the horizontal window 2 ledge that is protruding into the interior of a room. 3 24. "Investigation" means an examination conducted by the owner of an 4 affected property, the owner's agent or employee, or someone retained by 5 the owner, in accordance with the requirements established by the deputy 6 commissioner, to determine whether the affected property meets the stan- 7 dards of lead-stabilized status as defined in paragraph c of subdivision 8 one of section five hundred one of this article. 9 25. "Lead-based paint" means paint or other similar surface coating 10 material containing 0.5 milligrams of lead per square centimeter or 11 greater, as determined by laboratory analysis, or by an x-ray fluores- 12 cence analyzer. If an x-ray fluorescence analyzer is used, readings 13 shall be corrected for substrate bias when necessary as specified by the 14 performance characteristic sheets released by the United States environ- 15 mental protection agency (EPA) and the United States department of hous- 16 ing and urban development (HUD) for the specific x-ray fluorescence 17 analyzer used. X-ray fluorescence readings shall be classified as posi- 18 tive, negative or inconclusive in accordance with the HUD guidelines for 19 the evaluation and control of lead-based paint hazards in housing (June 20 1995, revised 1997 and 2012) and the performance characteristic sheets 21 released by the EPA and HUD for the specific x-ray fluorescence analyzer 22 used. X-ray fluorescence readings that fall within the inconclusive 23 zone, as determined by the performance characteristic sheets, shall be 24 confirmed by laboratory analysis of paint chips, results shall be 25 reported in milligrams of lead per square centimeter and the measure of 26 such laboratory analysis shall be definitive. If laboratory analysis is 27 used to determine lead content, results shall be reported in milligrams 28 of lead per square centimeter. Where the surface area of a paint chip 29 sample cannot be accurately measured or if an accurately measured paint 30 chip sample cannot be removed, a laboratory analysis may be reported in 31 percent by weight. In such case, lead-based paint shall mean any paint 32 or other similar surface-coating material containing more than 0.25% of 33 metallic lead, based on the non-volatile content of the paint or other 34 similar surface-coating material except that, if the EPA or a successor 35 agency, or the HUD or a successor agency, adopts more stringent defi- 36 nitions of lead-based paint, such more stringent levels shall apply for 37 the purposes of this article and the division shall update its regu- 38 lations so they are at least as stringent as the federal levels. In a 39 residential dwelling constructed before 1970, it shall be presumed that 40 paint or other similar surface coating material contains 0.5 milligrams 41 of lead per square centimeter or greater unless it has been tested in 42 the manner specified in this section by personnel qualified pursuant to 43 subdivision two of section five hundred four of this article. 44 26. "Lead-based paint hazard" means any condition in, or proximate to, 45 a dwelling or dwelling unit that may result in exposure to lead that 46 could result in adverse human health effects from any of the following 47 conditions: lead-contaminated dust; lead-based paint that is deteri- 48 orated; lead-based paint that is present on chewable surfaces, deteri- 49 orated subsurfaces, friction surfaces, or impact surfaces; or soil-lead 50 hazards. 51 27. "Lead-contained" means property that has attained lead-contained 52 property status within the meaning of paragraph d of subdivision one of 53 section five hundred one of this article. 54 28. "Lead-contaminated dust" means surface dust that contains a mass 55 per area concentration of lead equal to or exceeding 5 micrograms per 56 square foot ("ug/ft2") on floors, or 40 ug/ft2 on interior windowsillsS. 2947 7 1 based on wipe sample, or 100 ug/ft2 on window wells, or 40 ug/ft2 on 2 porch floors, or such more stringent standards as may be adopted by the 3 division of housing and community renewal, except that, if the United 4 States environmental protection agency or a successor agency, or the 5 United States department of housing and urban development or a successor 6 agency, adopts more stringent definitions of lead-contaminated dust, 7 such more stringent levels shall apply for the purposes of this article, 8 and the division shall update its regulations so they are at least as 9 stringent as the federal levels. 10 29. "Lead-free" means property that has attained lead-free property 11 status within the meaning of paragraph e of subdivision one of section 12 five hundred one of this article. 13 30. "Lead-stabilized" means property that has attained lead-stabilized 14 property status within the meaning of paragraph c of subdivision one of 15 section five hundred one of this article. 16 31. "Local designee" means a municipal, county, or other official 17 designated by the deputy commissioner as responsible for assisting the 18 designating authority, relevant state agencies, and relevant county and 19 municipal authorities, in implementing the activities specified by this 20 article for the localities. 21 32. "Occupant" means any individual living or sleeping in a building, 22 or having possession of a space within a building. 23 33. "Owner" means a person, firm, corporation, nonprofit organization, 24 partnership, government, guardian, conservator, receiver, trustee, exec- 25 utor, or other judicial officer, or other entity which, alone or with 26 others, owns, holds, or controls the freehold or leasehold title or part 27 of the title to property, with or without actually possessing it. Such 28 term includes a vendee who possesses the title, but does not include a 29 mortgagee or an owner of a reversionary interest under a ground rent 30 lease. "Owner" includes any authorized agent of the owner, including a 31 property manager or leasing agent. 32 34. "Permanent" means an expected design life of at least twenty 33 years. 34 35. "Person" means any natural person. 35 36. "Relocation expenses" means all expenses necessitated by the relo- 36 cation of a tenant's household to housing free of lead hazards, includ- 37 ing, but not limited to, moving and hauling expenses, the HEPA-vacuuming 38 of all upholstered furniture, laundering of clothes and linens, payment 39 of a security deposit for the relocation housing, and installation and 40 connection of utilities and appliances. 41 37. "Rent-to-own contract" shall mean any agreement between an owner 42 of real property and a tenant which provides that after a specified term 43 the tenant will take ownership of the rented home. 44 38. "Resides" shall mean to routinely spend ten or more hours per week 45 within a dwelling unit. 46 39. "Soil-lead hazard" means soil in a play area where the soil-lead 47 concentration from a composite play area sample of bare soil is equal to 48 or greater than 400 parts per million; or in the rest of the yard when 49 the arithmetic mean lead concentration from a composite sample (or 50 arithmetic mean of composite samples) of bare soil from the rest of the 51 yard (i.e., non-play areas) is equal to or greater than 1,200 parts per 52 million except that, if the United States environmental protection agen- 53 cy or a successor agency, or the United States department of housing and 54 urban development or a successor agency, adopts more stringent defi- 55 nitions of soil-lead hazard, such more stringent levels shall apply forS. 2947 8 1 the purposes of this article, and the division shall update its regu- 2 lations so they are at least as stringent as the federal levels. 3 40. "Tenant" means the individual named as the lessee in a lease, 4 rental agreement, rent-to-own contract, or other form of occupancy 5 agreement, whether written or oral, for a dwelling unit, and includes 6 tenancies incident to employment. Where applicable, the term "tenant" 7 shall also include any occupant of the tenant's household. 8 41. "Wipe sample" means a sample collected by an appropriately accred- 9 ited person wiping a representative surface of known area, as determined 10 by American Society for Testing Materials (ASTM) e1728 ("standard prac- 11 tice for the field collection of settled dust samples using wipe sampl- 12 ing methods for lead determination by atomic spectrometry techniques"), 13 with lead determination conducted by an accredited laboratory partic- 14 ipating in the environmental lead laboratory accreditation program 15 (NLAP). 16 § 501. Requirements for owners of affected properties. 1. Duty to 17 maintain affected properties. (a) All affected properties shall be main- 18 tained free of conditions conducive to lead paint poisoning. 19 (b) Within two years following the effective date of this section, all 20 affected properties shall be maintained as "lead-stabilized" as defined 21 by paragraph (c) of this subdivision or "lead-contained" as defined by 22 paragraph (d) of this subdivision, or "lead-free" as provided for in 23 paragraph (e) of this subdivision. 24 (c) An affected property will be considered to be "lead-stabilized" 25 when: 26 (i) All exterior and interior painted surfaces have been visually 27 reviewed; and all chipping, peeling, or flaking lead-based paint or 28 paint of unknown lead content on exterior and interior painted surfaces 29 has been removed and repainted, or stabilized and repainted, and any 30 structural defect that is causing or likely to cause lead-based paint or 31 paint of unknown lead content to chip, peel, or flake that the owner of 32 the affected property has knowledge of, or with the exercise of reason- 33 able care should have knowledge of, has been repaired; 34 (ii) All window friction surfaces with lead-based paint or paint of 35 unknown lead content have had such paint removed or permanently covered, 36 such as via the installation of replacement window channels or slides, 37 and interior window troughs and windowsills have been either stripped 38 and repainted, replaced, or encapsulated with vinyl, metal, or any other 39 durable materials which render the surface smooth and cleanable; 40 (iii) All doors and doorways have been adjusted or re-hung as neces- 41 sary to prevent the rubbing together of any surface with lead-based 42 paint or paint of unknown lead content with another surface; 43 (iv) All bare floors have been made smooth and cleanable; 44 (v) All work has been completed in compliance with the safe work prac- 45 tice regulations promulgated pursuant to section five hundred three of 46 this article; and 47 (vi) At the completion of any activities described in this subdivision 48 that disturb lead-based paint or paint of unknown lead content: 49 (A) the interior of the affected property has been HEPA vacuumed and 50 washed with high phosphate detergent or its equivalent; and 51 (B) clearance for lead-contaminated dust has been achieved as deter- 52 mined by wipe samples in all areas accessible to occupants, taken by 53 properly accredited independent personnel after completion of all activ- 54 ities undertaken pursuant to paragraph (b) of this subdivision. 55 (d) An affected property will be considered to be "lead-contained" 56 when a certified inspector, accredited pursuant to the provisions ofS. 2947 9 1 section five hundred four of this article, inspects the affected proper- 2 ty and certifies that the affected property has been tested for the 3 presence of lead-based paint and lead-contaminated dust in accordance 4 with the standards and procedures established by regulations promulgated 5 by the commissioner and states under penalties of perjury that: 6 (i) All interior surfaces in the affected property either do not 7 contain lead-based paint or have been permanently abated; 8 (ii)(A) All exterior painted surfaces of the affected property that 9 were chipping, peeling, or flaking have been restored with non-lead 10 based paint and no exterior painted surfaces of the affected property 11 are chipping, peeling, or flaking; or 12 (B) All exterior painted surfaces of the affected property have been 13 covered with vinyl siding or similar siding and sealed in a manner that 14 prevents exposure to chipping, peeling, or flaking paint; and 15 (iii) Clearance for lead dust hazards has been achieved as determined 16 by wipe samples in all areas accessible to occupants, taken by properly 17 accredited independent personnel. 18 (e) An affected property will be considered to be "lead-free" when a 19 certified inspector, accredited pursuant to the provisions of section 20 five hundred four of this article, inspects the affected property and 21 certifies that the affected property has been tested for the presence of 22 lead-based paint and lead-contaminated dust in accordance with the stan- 23 dards and procedures established by regulations promulgated by the 24 commissioner and states under penalties of perjury that there is no 25 lead-based paint or lead-contaminated dust present on the interior 26 surfaces of the dwelling unit, no lead-based paint on the interior 27 surfaces of the common areas of the property, and no lead-based paint 28 present on any of the exterior surfaces of the property. 29 2. Duty to inspect affected properties. (a) Unless an affected proper- 30 ty has been determined to be "lead-contained" or "lead-free" as defined 31 in subdivision one of this section, the owner of such affected property 32 shall cause an investigation to be made as provided in paragraph (b) of 33 this subdivision, either directly by the owner, the owner's agent or 34 employee, or by any other person authorized by the deputy commissioner, 35 to determine whether such property complies, at a minimum, with "lead- 36 stabilized" property status. Alternatively, the owner may cause an 37 inspection to be made by a person trained and accredited for such 38 inspections as described in section five hundred four of this article 39 for the purpose of determining whether the affected property complies 40 with either "lead-free" property status or "lead-contained" property 41 status. 42 (b) The investigation to ascertain whether a property complies with 43 "lead-stabilized" property status shall occur at least once a year and 44 more often if necessary, such as when, in the exercise of reasonable 45 care, an owner knows or should know of a condition that is reasonably 46 foreseeable to be conducive to lead poisoning, or when an occupant 47 specifically requests that an inspection or investigation be made based 48 upon his or her reasonable belief that such a condition exists, or when 49 an occupant makes a complaint to the owner concerning a condition that 50 the owner knows or should know is reasonably foreseeable to be conducive 51 to lead poisoning. 52 (c) In addition to any investigations or inspections required under 53 paragraph (b) of this subdivision, the owner shall cause such an inves- 54 tigation or inspection to be made within the thirty days prior to the 55 leasing, rental, or other turnover of an affected property, and shall 56 report the findings of that investigation or inspection to prospectiveS. 2947 10 1 tenants in accordance with section 42 U.S.C. 4852d, 24 C.F.R. part 35 2 subpart a and 40 C.F.R. part 40 subpart f or such successor regulations 3 and this article. 4 3. Duty to maintain and provide records of compliance, and notice to 5 occupants of affected properties. 6 (a) Beginning two years following the effective date of this section, 7 owners of affected properties shall submit to the deputy commissioner or 8 the deputy commissioner's designee for the jurisdiction in which such 9 property is located a certification of compliance with paragraph (b) of 10 subdivision one of this section, in the manner directed by the deputy 11 commissioner. Said certifications shall include the results of any lead 12 dust wipe tests, any tests for the presence of lead-based paint, and any 13 inspections conducted by inspectors accredited pursuant to the 14 provisions of section five hundred nine of this article. Certifications 15 of affected properties as "lead stabilized" within the meaning of para- 16 graph (c) of subdivision one of this section shall be submitted every 17 three years. Certifications of affected properties as "lead contained" 18 within the meaning of paragraph (d) of subdivision one of this section 19 shall be submitted every ten years, unless clause (B) of subparagraph 20 (i) of paragraph (d) of such subdivision has been completed, in which 21 case such certification shall be submitted every twenty years. 22 (b) When an owner of an affected property submits a certification to 23 the division pursuant to paragraph (a) of this subdivision, the owner 24 shall also provide a copy of the certification and any dust wipe test 25 results to the tenants within one month thereafter of providing the 26 certification to the department or, for dwelling units that are vacant 27 at the time of such certification, at the time tenants take occupancy. 28 (c) The division shall maintain a searchable public database of all 29 certifications filed pursuant to this subdivision. 30 (d) The owner of an affected property shall make and maintain a record 31 of all investigations or inspections conducted under subdivision two of 32 this section in a form prescribed by the deputy commissioner. The owner 33 shall maintain such record, in electronic or hard-copy format, for a 34 period of ten years. Copies of such record shall be made available upon 35 request to the deputy commissioner, his or her local designee, tenants 36 and occupants of the affected property, and any prospective tenants or 37 occupants of the affected property. 38 (e) The owner shall cause a summary of inspections conducted under 39 subdivision two of this section, in a form prescribed by the deputy 40 commissioner, to be conspicuously posted in a common area of the dwell- 41 ing in or adjacent to main entrances. In cases where it is not feasible 42 to post such reports in a common area, the owner or agent shall deliver 43 individual copies of such summary to each affected unit. Said summary 44 shall indicate that the full report of such investigation or inspection 45 is available to tenants upon request. 46 (f) All leases offered to tenants or prospective tenants in affected 47 properties shall contain a notice, conspicuously set forth therein, 48 which advises tenants of the obligations of the owner as set forth in 49 this section. Such notice shall be in a manner approved by the deputy 50 commissioner, the content of which shall, at a minimum, be in English 51 and Spanish. 52 (g) Unless an affected property has been certified as being "lead- 53 free," as provided in paragraph (e) of subdivision one of this section, 54 any written or printed lease for the lease or renting of an affected 55 property for a term beginning at a date more than one year following the 56 effective date of this article shall include the following provisions,S. 2947 11 1 in both English and Spanish, in prominently displayed and easily read- 2 able type or printing: "This property, constructed before January 1, 3 1970, may contain lead-based paint. Lead-based paint, if it is not prop- 4 erly removed or maintained, may cause brain damage or other serious 5 health impacts in children less than seven years of age and fetal injury 6 in pregnant women. New York state law requires the landlord to comply 7 with maintenance standards to avoid lead-based paint hazards. This 8 property (owner or agent to check appropriate box): 9 has been inspected by an independent inspector certified under New 10 York state law within the past sixty days and found not to contain lead- 11 based paint hazards. 12 has been investigated by the owner, manager, or his/her agent within 13 the past thirty days and observable lead-based paint hazards have been 14 stabilized. 15 has not been inspected for lead-based paint hazards. This property may 16 contain lead-based paint hazards dangerous to a child less than seven 17 years of age." 18 (h) At the time of the lease or renting of an affected property with- 19 out a written or printed lease at a date more than one year following 20 the effective date of this section, the front entranceway or door of the 21 affected property shall be posted with a sign containing the language 22 quoted in paragraph (f) of this subdivision and, if applicable, para- 23 graph (g) of this subdivision, in both English and Spanish, and promi- 24 nently displayed and in easily readable type or printing. 25 § 502. Investigation and inspection of affected properties by the 26 deputy commissioner. 1. (a) Beginning two years after the effective date 27 of this section, the deputy commissioner or his or her designee for the 28 jurisdiction in which such property is located shall order an inspection 29 of an affected property by an inspector accredited pursuant to the 30 provisions of section five hundred four of this article, at the expense 31 of the owner of the affected property, whenever the deputy commission- 32 er's designee for the jurisdiction in which such property is located 33 receives notification that the affected property does not reasonably 34 appear to comply with either the lead-free, lead-contained, or lead-sta- 35 bilized property status. 36 (b) Any state or local agency employees who have occasion to observe 37 deteriorated paint or any other condition believed to be conducive to 38 lead poisoning at an affected property are authorized to report, and 39 shall report, such conditions to the deputy commissioner's designee, and 40 in such instance, the deputy commissioner's designee shall require an 41 inspection to be made of the affected property. 42 (c) Beginning two years after the effective date of this section, the 43 deputy commissioner shall establish a central complaint system for 44 tenants in affected properties to report deteriorated paint or any other 45 condition believed to be conducive to lead poisoning at an affected 46 property, and in such instance, the deputy commissioner's designee shall 47 require an inspection to be made of the affected property. 48 (d) An inspection required under this subdivision shall be completed 49 within ninety days after notification of the deputy commissioner's 50 designee for the jurisdiction in which such property is located. In the 51 event such inspection results in a finding of lead hazards, a report of 52 such findings shall be immediately transmitted by the deputy commission- 53 er or the deputy commissioner's designee for the jurisdiction in which 54 such property is located to the appropriate local social services 55 department pursuant to section one hundred forty-three-b of the social 56 services law.S. 2947 12 1 (e) Beginning two years after the effective date of this section, the 2 deputy commissioner shall establish and maintain an index and file 3 containing all notifications or complaints of affected properties that 4 may not comply with the requirements of subdivision one of section five 5 hundred one of this article and the results of inspections conducted 6 pursuant to paragraph (d) of this subdivision. Said index and file shall 7 be made publicly available in an accessible, electronic searchable form 8 on a website maintained by the division of housing and community 9 renewal. 10 2. An owner of an affected property at any time after the effective 11 date of this section, may request voluntarily that the deputy commis- 12 sioner, or the deputy commissioner's designee for the jurisdiction in 13 which such property is located, conduct an inspection by an inspector 14 accredited pursuant to the provisions of section five hundred four of 15 this article, of an affected property, at the expense of the owner, to 16 determine whether it complies with the requirements for lead-free, lead- 17 contained, or lead-stabilized property status. Such inspection shall be 18 completed within thirty days after the owner's request. 19 3. The deputy commissioner shall establish, in conjunction with the 20 commissioner of health or her or his designee, a primary prevention 21 inspection program in areas of high risk to identify and target affected 22 properties where there are persons who may be exposed to lead-based 23 paint hazards in order that inspections may be conducted without the 24 receipt of a complaint or other such event triggering an inspection, and 25 require for each such area of high risk that the county commissioner of 26 health or his or her other local designee, and such local municipal 27 building or property maintenance code enforcement officials having 28 jurisdiction over such area as the deputy commissioner shall designate, 29 prepare and implement a strategy to: 30 (a) assure that a sufficient number of qualified inspection personnel 31 are available; 32 (b) identify the affected properties in that municipality, census 33 tract or census block group that are most likely to contain conditions 34 conducive to lead poisoning; 35 (c) require, at the owner's expense, the inspection of affected prop- 36 erties for conditions conducive to lead poisoning; and 37 (d) require that such inspected properties attain lead-free, lead-con- 38 tained, or lead-stabilized status, and elimination of all conditions 39 conducive to lead poisoning in such properties, using lead safe work 40 practices in accordance with the provisions of this article within thir- 41 ty days. In preparing this primary prevention inspection strategy, the 42 responsible officials shall, among other factors, consider reports of 43 persons with elevated blood lead levels in other units in a building; 44 the age and maintenance history of a building; and any available data on 45 the presence of young children from birth certificates issued by the 46 department of health. 47 4. An inspector shall submit a verified report of the result of the 48 inspection conducted pursuant to subdivision one, two, or three of this 49 section to the deputy commissioner or the deputy commissioner's designee 50 for the jurisdiction in which such property is located, the owner, and 51 the tenant, if any, of the affected property. Such report shall be 52 completed subject to penalties for perjury and include the inspector's 53 state registration number and date of certification to perform such 54 inspections. In the event such inspection results in a finding of lead- 55 based paint hazards or conditions conducive to lead poisoning, a report 56 of such findings shall be promptly transmitted by the deputy commission-S. 2947 13 1 er or the deputy commissioner's designee for the jurisdiction in which 2 such property is located and to the appropriate local social services 3 department pursuant to section one hundred forty-three-b of the social 4 services law. 5 § 503. Safe work practices for activities disturbing lead-based paint 6 or paint of unknown lead content in affected properties. 1. All work 7 performed by an owner or the owner's agents or contractors, in affected 8 property, that disturbs lead-based paint or paint of undetermined lead 9 content shall be performed in accordance with safe work regulations 10 promulgated by the commissioner of housing and community renewal. Such 11 regulations shall provide for, among other things: 12 (a) notice to tenants; 13 (b) training requirements, which shall require that such work be 14 performed by persons who have, at a minimum, successfully completed a 15 course on lead-safe work practices given by or on behalf of the divi- 16 sion, the department of labor, by the United States environmental 17 protection agency or an entity authorized by it to give such course, or 18 by the United States department of housing and urban development or an 19 entity authorized by it to give such course; 20 (c) precautions to prevent entry into the work area by occupants until 21 clean-up is completed and for temporary relocation provided by the owner 22 for the occupants of a dwelling or dwelling unit to appropriate housing 23 when work cannot be performed safely; 24 (d) precautions to prevent the dispersion of lead dust and debris 25 during the work; 26 (e) prohibited practices of lead paint removal, including dry scraping 27 and sanding, use of power tools without proper environmental controls, 28 and the use of toxic substances; 29 (f) proper daily and final clean-up requirements; 30 (g) dust wipe clearance testing; 31 (h) pre-notification of local municipal code enforcement agencies or 32 health departments, where appropriate; and 33 (i) exceptions for small jobs that involve disturbing less than two 34 square feet of lead-based paint or paint of undetermined lead content or 35 less than ten percent of the total surface area of peeling paint on a 36 type of component with a small surface area, such as a windowsill or 37 door frame. 38 2. A tenant shall, at reasonable times and upon appropriate notice of 39 not less than forty-eight hours, allow access to an affected property to 40 the owner to perform any work required under this article. 41 3. If a tenant must vacate an affected property for a period of twen- 42 ty-four hours or more in order to allow an owner to perform work that 43 will disturb the paint on interior surfaces, the owner shall pay to the 44 tenant in advance the reasonable relocation expenses that the tenant 45 incurs directly related to the required relocation. 46 4. The deputy commissioner or the deputy commissioner's designee, 47 within one hundred twenty days following the effective date of this 48 article, shall establish guidelines and a trainer's manual for a "lead- 49 safe housing awareness seminar" with a total class time of three hours 50 or less. Such guidelines and materials shall be made available so that 51 such courses may be offered by professional associations and community 52 organizations with a training capacity, existing accredited educational 53 institutions, and for-profit educational providers. All such offering 54 proposals shall be reviewed and approved, based on seminar content and 55 qualifications of instructors, by the deputy commissioner or the deputy 56 commissioner's designee.S. 2947 14 1 § 504. Accreditation of inspectors and contractors performing work. 1. 2 No person shall act as a contractor or supervisor to perform the work 3 necessary for lead-based paint hazard abatement as defined in this arti- 4 cle unless that person is accredited pursuant to one of the following: 5 (a) regulations adopted by the commissioner of labor pursuant to 6 section nine hundred forty-nine-b of the labor law governing the accred- 7 itation of individuals to engage in lead-based paint activities; 8 (b) certification by the United States environmental protection agency 9 to engage in lead-based paint activities pursuant to 40 C.F.R. 745.226 10 or successor regulation; or 11 (c) certification by a state or tribal program authorized by the 12 United States environmental protection agency to certify individuals 13 engaged in lead-based paint activities pursuant to 40 C.F.R. 745.325 or 14 successor regulation. 15 The commissioner of housing and community renewal shall, by regu- 16 lation, create exceptions to the accreditation requirement for instances 17 where the disturbance of lead-based paint is small and incidental, such 18 as work that disturbs surfaces of less than either two square feet of 19 peeling lead-based paint per room or ten percent of the total surface 20 area of peeling paint on a type of component with a small surface area, 21 such as a windowsill or door frame. 22 2. No person shall conduct an inspection required by section five 23 hundred one of this article, unless that person is accredited pursuant 24 to one of the following: 25 (a) regulations adopted by the commissioner of labor pursuant to 26 section nine hundred forty-nine-b of the labor law governing the accred- 27 itation of individuals to engage in lead-based paint activities; or 28 (b) certification to conduct inspections by the United States environ- 29 mental protection agency pursuant to 40 C.F.R. 745.226(b) or successor 30 regulation; or 31 (c) certification by a state or tribal program authorized by the 32 United States environmental protection agency to certify individuals 33 engaged in lead-based paint activities pursuant to 40 C.F.R. 745.325 or 34 successor regulation. 35 3. All persons engaged in conducting inspections or lead-based paint 36 hazard abatement work under this section shall secure, maintain, and 37 file with the deputy commissioner proof of a certificate of liability 38 coverage, which terms and conditions shall be determined by the commis- 39 sioner of housing and community renewal. 40 4. Any violation of the provisions of this section shall be a misde- 41 meanor. 42 § 505. Enforcement. 1. (a) Whenever the deputy commissioner or deputy 43 commissioner's designee finds an affected property to not be in compli- 44 ance with the applicable requirements for either lead-free, or lead-con- 45 tained, or lead-stabilized property status, the deputy commissioner or 46 deputy commissioner's designee shall give written notice and demand, 47 served as provided in this section, for the discontinuance of any condi- 48 tion failing to comply with either the lead-free, lead-contained, or 49 lead-stabilized standards in an affected property within a specified 50 period of time not to exceed thirty days. The deputy commissioner or 51 deputy commissioner's designee shall also immediately notify the appro- 52 priate local social services department of the issuance of such written 53 notice and demand pursuant to section one hundred forty-three-b of the 54 social services law. 55 (b) The deputy commissioner shall establish and maintain an index and 56 file containing all notices and demands issued pursuant to this section.S. 2947 15 1 Said index and file shall be made publicly available in an accessible, 2 electronic searchable form on a website maintained by the division of 3 housing and community renewal. 4 2. In the event of failure to comply with a notice and demand, the 5 deputy commissioner or the deputy commissioner's designee shall conduct 6 a formal hearing upon due notice in accordance with the provisions of 7 this section and on proof of violation of such notice and demand shall 8 order the owner of an affected property to take specified corrective 9 actions to have the affected property satisfy the requirements, at a 10 minimum, of lead-contained or lead-stabilized property and may assess a 11 penalty not to exceed two thousand five hundred dollars for each 12 affected property. In the event of the continued failure to comply after 13 the expiration of thirty days from the issuance of an order and/or 14 penalty pursuant to this subdivision, the deputy commissioner or the 15 deputy commissioner's designee shall cause the condition to be remedi- 16 ated within the next thirty days, and may place a lien on such property 17 and commence such legal actions as are necessary to recover from the 18 owner of such property the deputy commissioner's expenditures in 19 connection therewith, including legal fees. 20 3. A notice required by this section may be served upon an owner or 21 occupant of the dwelling or agent of the owner in the same manner as a 22 summons in a civil action or by registered or certified mail to his or 23 her last known address or place of residence. 24 4. The deputy commissioner's designee having jurisdiction, county and 25 city commissioners of health, and local housing code enforcement agen- 26 cies designated by the deputy commissioner's designee having jurisdic- 27 tion or county or city commissioner of health shall have the same 28 authority, powers and duties within their respective jurisdictions as 29 has the deputy commissioner under the provisions of this article. 30 5. The deputy commissioner or deputy commissioner's representative and 31 an official or agency specified in subdivision four of this section may 32 request and shall receive from all public officers, departments and 33 agencies of the state and its political subdivisions such cooperation 34 and assistance as may be necessary or proper in the enforcement of the 35 provisions of this article. 36 6. Any violation of the requirements of section five hundred one of 37 this article shall also constitute a violation of any municipal or other 38 local housing code and shall subject the owner of an affected property 39 to all orders, criminal penalties, and other civil forfeitures or penal- 40 ties that are possible under such municipal or local housing code. Any 41 such violation shall also constitute a rent impairing violation within 42 the meaning of section three hundred two-a of the multiple dwelling law 43 and section three hundred five-a of the multiple residence law, and 44 entitle the tenant of such dwelling to a rent rebate of no less than 45 fifty percent or one thousand dollars per month, whichever is greater, 46 or such greater amount as a court of competent jurisdiction shall 47 impose. 48 7. Nothing contained in this article shall be construed to alter or 49 abridge any duties and powers now or hereafter existing in the deputy 50 commissioner, county boards of health, city and county commissioners of 51 health, the New York city department of housing preservation and devel- 52 opment and the department of health, local boards of health or other 53 public agencies or public officials, or any private party, including the 54 power to impose more stringent measures to protect public health. 55 8. The office of the attorney general and all local authorities 56 responsible for the enforcement of state, municipal, and other localS. 2947 16 1 housing codes are hereby empowered to and shall vigorously enforce civil 2 remedies and/or criminal penalties provided for by law arising out of 3 the failure to comply with the requirements of section five hundred one 4 or section five hundred four of this article and may seek injunctive 5 relief where appropriate. 6 9. Any administrative proceeding or civil or criminal action by state 7 or local officials to enforce the provisions of this section shall be 8 reported to the deputy commissioner. 9 10. The removal of a tenant from or the surrender by the tenant of a 10 dwelling with respect to which the deputy commissioner or his or her 11 representative, pursuant to subdivision one of this section, has given 12 written notice and demand for the discontinuance of a condition condu- 13 cive to lead poisoning shall not absolve, relieve or discharge any 14 persons chargeable therewith from the obligation and responsibility to 15 discontinue such condition conducive to lead poisoning in accordance 16 with the method of discontinuance prescribed therefor in such notice and 17 demand. For the purposes of this subdivision, "removal of a tenant" 18 shall include vacate or condemnation orders. 19 § 506. Injunctive relief. 1. If an owner of an affected property fails 20 to comply with the requirements of section five hundred one or five 21 hundred two of this article, a tenant, an occupant or other interested 22 persons may seek injunctive relief from a court of competent jurisdic- 23 tion against the owner of the affected property in the form of a court 24 order to compel compliance. For the purposes of this article, a court of 25 competent jurisdiction shall include county court, city court, district 26 court, town court and village court. 27 2. In any action or proceeding seeking injunctive relief pursuant to 28 subdivision one of this section, either (a) the visually displayed or 29 (b) the printed computerized files of the division, maintained pursuant 30 to paragraph (b) of subdivision one of section five hundred five of this 31 article indicating the issuance of a notice and demand issued pursuant 32 to section five hundred five of this article shall be prima facie 33 evidence of any matter stated therein and the courts shall take judicial 34 notice thereof as if same were certified as true under the seal and 35 signature of the commissioner of housing and community renewal. 36 3. A court shall not grant the injunctive relief requested pursuant to 37 subdivision one of this section, unless, at least thirty days prior to 38 the filing requesting the injunction, the owner of the affected property 39 has received written notice of the violation of standards contained in 40 section five hundred one of this article and has failed to bring the 41 affected property into compliance with the applicable standards. This 42 notice to the owner of the affected property is satisfied when any of 43 the following has occurred: 44 (a) A person or their attorney, has notified the owner of an affected 45 property that the property fails to meet the requirements of paragraph 46 (b) of subdivision one of section five hundred one of this article; 47 (b) The deputy commissioner, the commissioner of housing and community 48 renewal, or the designee of either of these such officials, a municipal 49 or other local authority with responsibility for enforcing any local 50 housing code or codes, or a local or municipal department of health has 51 notified the owner of the affected property of violations of the 52 provisions of this article occurring within an affected property or of 53 the failure to register and file reports as required by this article; or 54 (c) A criminal or civil action pursuant to this article has been 55 brought by either state or local enforcement officials to enforce this 56 article.S. 2947 17 1 4. The notice requirement of subdivision three of this section shall 2 not apply with respect to applications for preliminary injunctive 3 relief. 4 5. A tenant or occupant or other interested person who prevails in an 5 action to enforce the provisions of this article is entitled to an award 6 of the costs of the litigation and to an award of reasonable attorneys' 7 fees in an amount to be fixed by the court. 8 6. The removal of an occupant or tenant from or the surrender by the 9 occupant or tenant of a dwelling with respect to which an injunction has 10 been issued pursuant to this section shall not absolve, relieve or 11 discharge any persons chargeable therewith from the obligation and 12 responsibility to comply with any orders to comply with this article. 13 For the purposes of this subdivision, "removal of an occupant or tenant" 14 shall include vacate or condemnation orders. 15 7. Cases brought before the court under this section shall be granted 16 an accelerated hearing. 17 8. The legal remedies created under this section shall be in addition 18 to any other common law or statutory remedies, which may be pursued in 19 the same or separate action or proceeding. 20 § 507. Retaliatory evictions prohibited. 1. An owner of an affected 21 property may not evict or take any other retaliatory action against an 22 occupant or tenant in response to the actions of the occupant, tenant or 23 other persons in: 24 (a) providing information to the owner of the affected property, the 25 commissioner of housing and community renewal, the commissioner of 26 health, or the designee of either of these officials, a local or munici- 27 pal department of health, or a municipal or other local authority with 28 responsibility for enforcing any local housing code or codes concerning 29 lead-based paint hazards within an affected property or elevated blood 30 lead levels of a person who resides or has recently resided in that 31 dwelling; or 32 (b) enforcing any of his or her rights under this article. 33 2. An owner of an affected property may not evict or take any other 34 retaliatory action against an occupant in response to the actions of any 35 state or local agency to enforce the provisions of this article. 36 3. For purposes of this section, a retaliatory action includes any of 37 the following actions in which the activities protected under subdivi- 38 sion one of this section are a material factor in motivating said 39 action: 40 (a) A refusal to renew a lease; 41 (b) Termination of a tenancy; 42 (c) An arbitrary rent increase or decrease in services to which the 43 occupant is entitled; or 44 (d) Any form of constructive eviction. 45 4. An occupant subject to an eviction or retaliatory action under this 46 section is entitled to the relief as may be provided by statute and/or 47 any further relief deemed just and equitable by the court, and is eligi- 48 ble for reasonable attorneys' fees and costs. 49 § 508. Lead poisoning prevention fee. 1. Beginning on January first, 50 two thousand twenty-four, a fee is imposed on manufacturers or whole- 51 salers of paint sold in the state to support the residential property 52 lead-based paint hazard abatement revolving loan fund established pursu- 53 ant to section ninety-nine-qq of the state finance law. The fee shall be 54 imposed at the manufacturer or wholesaler level, in the amount of fifty 55 cents per gallon of paint estimated to have been sold within the state 56 during the prior year, as determined by rule adopted by the division.S. 2947 18 1 2. The division shall adopt rules to implement this section, including 2 rules to determine which manufacturers or wholesalers of paint sold in 3 the state are responsible for the fees imposed under subdivision one of 4 this section and rules establishing the estimated number of gallons of 5 paint sold in the state in the prior year for each manufacturer and 6 rules determining the manner of payment. The rules shall provide for 7 waivers of payment for manufacturers and wholesalers of paint that is 8 sold in low quantities in the state. The costs for administration of the 9 residential property lead-based paint hazard abatement revolving loan 10 fund may be reimbursed from the fees collected. 11 3. The attorney general shall enforce payment of fees under this 12 section through an action in the supreme court in Albany county and may 13 collect costs and attorneys' fees. 14 § 509. Designation of exempt municipalities; minimum standards for 15 lead-based paint poisoning prevention programs. 1. The commissioner of 16 housing and community renewal may, by regulation, designate as an 17 "exempt municipality" such other municipalities that enact local laws 18 for the prevention of childhood lead poisoning that contain at least all 19 of the following elements: 20 (a) Provide that residential property units rented to families with 21 children under age seven shall: 22 (i) be maintained free of conditions that would constitute a condition 23 conducive to lead poisoning; and 24 (ii) be inspected either by appropriately-trained and accredited local 25 governmental inspectors no less frequently than every two years, or by 26 property owners no less frequently than every year, for the presence of 27 conditions conducive to lead poisoning, and provide that the results of 28 such inspections shall be provided in writing to the occupants of such 29 dwellings and maintained for ten years. 30 (b) Provide for the inspection for, and removal of, conditions condu- 31 cive to lead poisoning prior to the renting of residential properties. 32 (c) Provide that any activities that disturb lead-based paint or paint 33 of unknown lead content in dwellings or dwelling units with children 34 under age seven, and the common areas of such dwellings, be performed 35 only by personnel who have met the requirements established in section 36 five hundred three of this article. 37 (d) Provide a private right of action by tenants or occupants for 38 violations of such local law. 39 2. Notwithstanding any local law to the contrary, no local lead 40 poisoning prevention law or program may employ standards for "lead-based 41 paint," "lead-contaminated dust," and "soil-lead hazard" that are less 42 protective of public health than those set forth in section five hundred 43 one of this article or such more stringent levels adopted by regulation 44 by the division of housing and community renewal. 45 § 510. Reporting. 1. Within three months after the close of the fiscal 46 year, the deputy commissioner, in consultation with the commissioner of 47 health and commissioner of labor or her or his designee, shall report to 48 the advisory council established in section thirteen hundred seventy-b 49 of the public health law on the implementation of this article during 50 the preceding period. Such report shall be publicly available and shall 51 include, at a minimum, a detailed statement of revenue and expenditures 52 and statement of the division's program, supported by a statistical 53 section with geographic indexing designed to provide a detailed explana- 54 tion of the division's enforcement, including but not limited to the 55 following:S. 2947 19 1 (a) the number of dwelling units inspected by the division or other 2 state or local agency pursuant to this article, and the number of 3 inspectors assigned to conduct such inspections; 4 (b) the number of dwelling units in which the occupant complained of 5 violations of this article and the number of dwelling units in which the 6 existence of such conditions were confirmed by the division or other 7 state or local agency; 8 (c) a statistical profile of dwellings in which violations have been 9 placed pursuant to this title and pursuant to this article, indicating 10 the ages of the dwellings and other factors relevant to the prevalence 11 of lead-based paint hazards, which may include the prior lead poisonings 12 or reports of persons with elevated blood lead levels in the dwelling, 13 outstanding violations, emergency repair charges, tax arrears and mort- 14 gage debt; 15 (d) an evaluation of the division's capability to timely inspect, 16 serve a notice of violation, and enforce the correction of violations; 17 (e) the enforcement actions brought pursuant to section five hundred 18 five of this article, the identity of the owners of the affected proper- 19 ties, the authority bringing the enforcement action, the nature of the 20 action, and describing the criminal penalties and/or civil relief; and 21 (f) an evaluation of the division's implementation of a program of 22 inspection pursuant to section five hundred two of this article. 23 2. The commissioner of housing and community renewal shall designate a 24 deputy commissioner responsible for fulfilling the objectives of this 25 title when such objectives involve the responsibilities of the division. 26 § 4. The labor law is amended by adding a new article 32-A to read as 27 follows: 28 ARTICLE 32-A 29 NEW YORK LICENSING OF LEAD INSPECTORS AND CONTRACTORS 30 Section 949-a. Definitions. 31 949-b. Accreditation of inspectors and contractors performing 32 lead-based paint activities. 33 § 949-a. Definitions. As used in this article: 34 1. "Abatement" means any measure or set of measures designed to perma- 35 nently eliminate lead-based paint hazards, as defined by the United 36 States environmental protection agency pursuant to 40 CFR 745.220 or 37 successor regulation. 38 2. "Deteriorated paint" means any interior or exterior paint or other 39 coating that is curling, scaling, flaking, blistering, peeling, chip- 40 ping, chalking, cracking, or loose in any manner, such that a space or 41 pocket of air is behind a portion thereof or such that the paint is not 42 completely adhered to the underlying subsurface, or is otherwise damaged 43 or separated from the substrate. 44 3. "Deteriorated subsurface" shall mean an unstable or unsound painted 45 subsurface, an indication of which can be observed through a visual 46 inspection, including, but not limited to, rotted or decayed wood, or 47 wood or plaster that has been subject to moisture or disturbance. 48 4. "Dwelling" means a building or structure or portion thereof, 49 including the property occupied by and appurtenant to such dwelling, 50 which is occupied in whole or in part as the home, residence or sleeping 51 place of one or more human beings and shall, without limiting the fore- 52 going, include child care facilities for children under seven years of 53 age, kindergartens and nursery schools. 54 5. "Friction surface" means an interior or exterior painted surface 55 that touches or is in contact with another surface, such that the two 56 surfaces are capable of relative motion and abrade, scrape, or bind whenS. 2947 20 1 in relative motion. Friction surfaces shall include, but not be limited 2 to, window frames and jambs, doors, and hinges. 3 6. "Impact surface" means an interior or exterior painted surface that 4 shows evidence, such as marking, denting, or chipping, that it is 5 subject to damage by repeated sudden force, such as certain parts of 6 door frames, moldings, or baseboards. 7 7. "Inspection" means a surface-by-surface investigation in a dwelling 8 to determine the presence of lead-based paint and the provision of a 9 report explaining the results of the investigation. 10 8. "Lead-based paint" means paint or other similar surface coating 11 material containing 0.5 milligrams of lead per square centimeter or 12 greater, as determined by laboratory analysis of paint samples with all 13 layers of paint present, or by an x-ray fluorescence analyzer. If an 14 x-ray fluorescence analyzer is used, readings shall be corrected for 15 substrate bias when necessary as specified by the performance character- 16 istic sheets released by the United States environmental protection 17 agency (EPA) and the United States department of housing and urban 18 development (HUD) for the specific x-ray fluorescence analyzer used. 19 X-ray fluorescence readings shall be classified as positive, negative or 20 inconclusive in accordance with the United States department of housing 21 and urban development guidelines for the evaluation and control of lead- 22 based paint hazards in housing (July 2012) and the performance charac- 23 teristic sheets released by the EPA for the specific x-ray fluorescence 24 analyzer used. X-ray fluorescence readings that fall within the incon- 25 clusive zone, as determined by the performance characteristic sheets, 26 shall be confirmed by laboratory analysis of paint chips, results shall 27 be reported in milligrams of lead per square centimeter and the measure 28 of such laboratory analysis shall be definitive. If laboratory analysis 29 is used to determine lead content, results shall be reported in milli- 30 grams of lead per square centimeter. Where the surface area of a paint 31 chip sample cannot be accurately measured or if an accurately measured 32 paint chip sample cannot be removed, a laboratory analysis may be 33 reported in percent by weight. In such case, lead-based paint shall mean 34 any paint or other similar surface-coating material containing more than 35 0.25% of metallic lead, based on the non-volatile content of the paint 36 or other similar surface-coating material. In the event that the EPA or 37 a successor agency, or the HUD or a successor agency, or a department or 38 agency of the state of New York that has obtained applicable authori- 39 zation pursuant to 40 C.F.R. part 745 subpart Q or successor regulation, 40 adopts more stringent definitions of lead-based paint, such more strin- 41 gent definitions shall apply for the purposes of this article. 42 9. "Lead-based paint activities" means, in the case of housing 43 constructed before nineteen seventy-eight, and child-occupied facili- 44 ties, inspection, risk assessment, and abatement. 45 10. "Lead-based paint hazard" means any condition in, or proximate to, 46 a dwelling or dwelling unit that causes exposure to lead from lead-con- 47 taminated dust, from lead-based paint that is deteriorated, or from 48 lead-based paint that is present on chewable surfaces, deteriorated 49 subsurfaces, friction surfaces, or impact surfaces, or in soil, that 50 would result in adverse human health effects. 51 11. "Lead-contaminated dust" means surface dust that contains a mass 52 per area concentration of lead equal to or exceeding 5 micrograms per 53 square foot ("ug/ft2") on floors, or 40 ug/ft2 on interior windowsills 54 based on wipe sample, or 100 ug/ft2 on window wells, or such more strin- 55 gent standards as may be adopted by the commissioner of health, except 56 that, if the United States environmental protection agency or a succes-S. 2947 21 1 sor agency, or the United States department of housing and urban devel- 2 opment or a successor agency, adopts more stringent definitions of lead- 3 contaminated dust, such definitions shall apply for the purposes of this 4 article. 5 12. "Risk assessment" means (a) an on-site investigation to determine 6 the existence, nature, severity, and location of lead-based paint 7 hazards, and (b) the provision of a report by the individual or the firm 8 conducting the risk assessment, explaining the results of the investi- 9 gation and options for reducing lead-based paint hazards. 10 § 949-b. Accreditation of inspectors and contractors performing lead- 11 based paint activities. The commissioner shall adopt regulations, suffi- 12 cient to satisfy the requirements of 40 C.F.R. 745.325 or successor 13 regulation, governing (a) procedures and requirements for the accredi- 14 tation of lead-based paint activities training programs, (b) procedures 15 and requirements for the certification of individuals engaged in lead- 16 based paint activities, (c) work practice standards for the conduct of 17 lead-based paint activities, (d) requirements that all lead-based paint 18 activities be conducted by appropriately certified contractors, and (e) 19 development of the appropriate infrastructure or government capacity to 20 effectively carry out clear enforcement mechanisms and procedures for 21 unannounced compliance inspections of properties and for responding to 22 complaints. 23 § 5. The tax law is amended by adding a new section 187-r to read as 24 follows: 25 § 187-r. Lead hazard reduction tax credit. 1. Tax credit for activ- 26 ities resulting in lead-free or lead-contained status. A taxpayer shall 27 be allowed a credit against taxes imposed by this article for activities 28 necessary to bring any affected property into lead-free or lead-con- 29 tained status within the meaning of section five hundred one of the real 30 property law, provided that the taxpayer complies with the documentation 31 requirements of subdivision four of this section. 32 2. Tax credit for multiple dwelling units located within exempt muni- 33 cipalities. A taxpayer also shall be eligible for the tax credit under 34 subdivision one of this section if a dwelling unit that satisfies all 35 the requirements for an affected property contained in subdivision two 36 of section five hundred of the real property law but such dwelling unit 37 is located in an exempt municipality within the meaning of section five 38 hundred of the real property law. In such case, the taxpayer shall 39 comply with equivalent standards in local laws concerning lead hazards 40 that apply to multiple dwellings. 41 3. Tax credits for certain renovations as part of achieving lead-sta- 42 bilized status. A taxpayer shall be allowed a credit against taxes 43 imposed by this article for the costs of certain activities necessary to 44 bring any affected property into lead-stabilized status within the mean- 45 ing of section five hundred one of the real property law, provided that 46 the expected useful life of such renovations is ten years or more and 47 the taxpayer complies with the documentation requirements of subdivision 48 four of this section. The commissioner of housing and community renewal 49 shall promulgate regulations defining those activities necessary to 50 achieve lead-stabilized status with an expected useful life of more than 51 ten years. Taxpayers who have completed renovations of habitable dwell- 52 ing units contained in multiple dwellings, as defined in section four of 53 the multiple dwelling law, in an exempt municipality within the meaning 54 of section five hundred of the real property law, shall be allowed a 55 credit under this subdivision provided that the taxpayer complies withS. 2947 22 1 similar standards in local laws concerning lead hazards that apply to 2 multiple dwellings. 3 4. Documentation required for credit allowance. No credit shall be 4 allowed under subdivisions one, two or three of this section unless the 5 taxpayer provides documentation to the division of housing and community 6 renewal that: 7 (a) the activities described above have been performed by a contractor 8 accredited pursuant to section five hundred four of the real property 9 law; 10 (b) the affected property was constructed prior to nineteen hundred 11 seventy; 12 (c) the taxpayer has paid for the activities described above; and 13 (d) includes a written certification obtained by the taxpayer from an 14 inspector, accredited pursuant to section five hundred four of the real 15 property law, that the activities described above have been completed in 16 accordance with all applicable requirements and that either: 17 (i) Where applicable, the affected property or property unit can now 18 be certified as either lead-free or lead-contained under section five 19 hundred one of the real property law; or 20 (ii) Where applicable, the affected property has undergone renovations 21 that satisfy the requirements established by regulation by the division 22 of housing and community renewal as activities necessary to achieve 23 lead-stabilized status with an expected useful life of more than ten 24 years. 25 5. Amount of credit. The tax credit shall be equal to the amount actu- 26 ally paid for the activities described in this subdivision up to a maxi- 27 mum of three thousand dollars per affected property for a credit allowed 28 under either subdivision one or two of this section or a maximum of one 29 thousand five hundred dollars for a credit allowed under subdivision 30 three of this section. 31 6. Carry-over of credit. Any amount of tax credit not used in the 32 taxable year of certification may be carried forward and applied to the 33 corporation's tax liability for any one or more of the succeeding five 34 taxable years. The credit may not be applied until all other credits 35 available to the taxpayer for that taxable year have been applied. 36 § 6. Section 606 of the tax law is amended by adding a new subsection 37 (ooo) to read as follows: 38 (ooo) Lead-hazard reduction in housing tax credit. (1) Allowance of 39 credit for activities resulting in lead-free or lead-contained status. 40 A taxpayer shall be allowed a credit as provided in this subsection for 41 activities necessary to bring any affected property into lead-free or 42 lead-contained status within the meaning of section five hundred one of 43 the real property law, provided that the taxpayer complies with the 44 documentation requirements of paragraph four of this subsection. 45 (2) Tax credit for similar dwelling units located within exempt muni- 46 cipalities within the meaning of section five hundred of the real prop- 47 erty law. A taxpayer also shall be eligible for the tax credit under 48 paragraph one of this subsection if a dwelling unit that satisfies all 49 the requirements for an affected property contained in subdivision two 50 of section five hundred of the real property law but such dwelling unit 51 is located in an exempt municipality within the meaning of section five 52 hundred of the real property law. In such case, the taxpayer shall 53 comply with equivalent standards in local laws concerning lead hazards 54 that apply to multiple dwellings. 55 (3) Tax credits for certain renovations as part of achieving lead-sta- 56 bilized status. A taxpayer shall be allowed a credit against taxesS. 2947 23 1 imposed by this article for the costs of certain activities necessary to 2 bring any affected property into lead-stabilized status within the mean- 3 ing of section five hundred one of the real property law, provided that 4 the expected useful life of such renovations is ten years or more and 5 the taxpayer complies with the documentation requirements of paragraph 6 four of this subsection. The commissioner of housing and community 7 renewal shall promulgate regulations defining those activities necessary 8 to achieve lead-stabilized status with an expected useful life of more 9 than ten years. Taxpayers who have completed renovations of habitable 10 dwelling units contained in multiple dwellings, as defined in section 11 four of the multiple dwelling law in an exempt municipality within the 12 meaning of section five hundred of the real property law also shall be 13 allowed a credit under this paragraph provided that the taxpayer 14 complies with similar standards in local laws concerning lead hazards 15 that apply to multiple dwellings. 16 (4) Documentation required for credit allowance. No credit shall be 17 allowed under paragraph one, two or three of this subsection unless the 18 taxpayer provides documentation to the division of housing and community 19 renewal that: 20 (A) the activities described above have been performed by a contractor 21 accredited pursuant to section five hundred four of the real property 22 law; 23 (B) the affected property was constructed prior to nineteen hundred 24 seventy; 25 (C) the taxpayer has paid for the activities described above; and 26 (D) includes a written certification obtained by the taxpayer from an 27 inspector, accredited pursuant to section five hundred four of the real 28 property law, that the activities described above have been completed in 29 accordance with all applicable requirements and that either: 30 (i) where applicable, the affected property can now be certified as 31 either lead-free or lead-contained under section five hundred one of the 32 real property law; or 33 (ii) where applicable, the affected property has undergone renovations 34 that satisfy the requirements established by regulation by the division 35 of housing and community renewal as activities necessary to achieve 36 lead-stabilized status with an expected useful life of more than ten 37 years. 38 (5) The tax credit pursuant to this subsection shall be available to 39 someone who owns and occupies his or her own dwelling unit in the same 40 manner and to the same extent as it is available to the owner of an 41 affected property who leases the premises. 42 (6) Amount of credit. The tax credit shall be equal to the amount 43 actually paid for the activities described in this subsection up to a 44 maximum of three thousand dollars per affected property for a credit 45 allowed under either paragraph one or two of this subsection or a maxi- 46 mum of one thousand five hundred dollars for a credit allowed under 47 paragraph three of this subsection. 48 (7) Application of credit. Any amount of tax credit not used in the 49 taxable year of certification may be carried forward and applied to the 50 individual's tax liability for any one or more of the succeeding five 51 taxable years. The credit may not be applied until all other credits 52 available to the taxpayer for that taxable year have been applied. 53 § 7. The state finance law is amended by adding a new section 99-qq to 54 read as follows: 55 § 99-qq. Residential property lead-based paint hazard abatement 56 revolving loan fund. 1. There is created, as a separate fund within theS. 2947 24 1 general fund, in the custody of the comptroller a fund to be known as 2 the residential property lead-based paint hazard abatement revolving 3 loan fund. Such fund shall consist of proceeds received from the sale of 4 bonds pursuant to subdivision two of this section, fees collected pursu- 5 ant to section five hundred eight of the real property law, and any sums 6 that the state may from time to time deem appropriate, as well as 7 donations, gifts, bequests, or otherwise from any public or private 8 source, which money is intended to assist owners of residential proper- 9 ties in meeting the standards for either lead-free or lead-contained 10 certification pursuant to section five hundred one of the real property 11 law, or, for multiple dwellings in an exempt municipality within the 12 meaning of section five hundred of the real property law, compliance 13 with local laws concerning the control of lead-based paint hazards in 14 such multiple dwellings. 15 2. The state shall issue bonds in an amount specified for the purpose 16 of funding the residential property lead abatement revolving loan fund. 17 (a) Any bonds issued or to be issued pursuant to this subdivision 18 shall be subject to all the requirements and conditions established by 19 the state for the sale of bonds. 20 (b) The interest rate and other terms upon which bonds are issued 21 pursuant to this subdivision shall not create a prospective obligation 22 of the state of New York in excess of the amount of revenues that can 23 reasonably be expected from the loan repayments, interests on such 24 loans, and fees that the state of New York can reasonably expect to 25 charge under the provisions of article nineteen of the real property 26 law. 27 (c) All money received from the sale of bonds shall be deposited into 28 the residential property lead abatement revolving loan fund. 29 3. The comptroller shall contract for the administration and disburse- 30 ment of funding. The deputy commissioner of health shall adopt rules and 31 regulations which provide for the orderly and equitable disbursement and 32 repayment of funds. 33 4. Funds placed in the residential property lead-based paint hazard 34 abatement revolving loan fund shall be made available, at the discretion 35 of the commissioner of the division of housing and community renewal, to 36 the owners of affected properties including those located within exempt 37 municipalities within the meaning of section five hundred of the real 38 property law, and to non-profit organizations for the purpose of bring- 39 ing affected properties into compliance with the standards for lead- 40 free, lead-contained, or lead-stabilized property status as specified by 41 section five hundred one of the real property law, or, for multiple 42 dwellings in an exempt municipality within the meaning of section five 43 hundred of the real property law, compliance with local laws concerning 44 the control of lead-based paint hazards in such multiple dwellings. An 45 owner of a pre-nineteen hundred seventy property who owns and occupies 46 the dwelling unit shall be eligible for loans under this section in the 47 same manner, and to the same extent, as an owner of an affected proper- 48 ty. 49 5. Loans made available under the provisions of this section may be 50 made directly, or in cooperation with other public and private lenders, 51 or any agency, department, or bureau of the federal government or the 52 state. 53 6. The proceeds from the repayment of any loans made for that purpose 54 shall be deposited in and returned to the residential property lead 55 abatement revolving loan fund to constitute a continuing revolving fund 56 for the purposes provided in this section.S. 2947 25 1 7. The deputy commissioner of housing and community renewal shall take 2 any action necessary to obtain federal assistance for lead hazard 3 reduction to be used in conjunction with the residential property lead 4 abatement revolving loan fund. 5 § 8. Paragraph a of subdivision 2 of section 302-a of the multiple 6 dwelling law, as added by chapter 911 of the laws of 1965, is amended to 7 read as follows: 8 a. A "rent impairing" violation within the meaning of this section 9 shall designate a condition in a multiple dwelling which, in the opinion 10 of the department, constitutes, or if not promptly corrected, will 11 constitute, a fire hazard, a lead-based paint hazard within the meaning 12 of subdivision twenty-six of section five hundred of the real property 13 law, or a serious threat to the life, health or safety of occupants 14 thereof. 15 § 9. Paragraph a of subdivision 2 of section 305-a of the multiple 16 residence law, as added by chapter 291 of the laws of 1966, is amended 17 to read as follows: 18 a. A "rent impairing" violation within the meaning of this section 19 shall designate a condition in a multiple dwelling which, in the opinion 20 of the state building code council, constitutes, or if not promptly 21 corrected, will constitute, a fire hazard, a lead-based paint hazard 22 within the meaning of subdivision twenty-six of section five hundred of 23 the real property law, or a serious threat to the life, health or safety 24 of occupants thereof. 25 § 10. The social services law is amended by adding a new section 131-y 26 to read as follows: 27 § 131-y. Supplemental shelter allowance. Every public welfare official 28 shall pay, in addition to the shelter allowance components established 29 by the department pursuant to section one hundred thirty-one-a of this 30 title, a supplemental shelter allowance for units for which the owner 31 has submitted documentation certifying that the dwelling unit is in 32 compliance with subdivision seven of section one hundred forty-three-b 33 of this title. This monthly lead-safe housing supplement shall be in the 34 amount of one hundred dollars for efficiency or one-bedroom units; one 35 hundred fifty dollars for two-bedroom units; two hundred dollars for 36 three-bedroom units; and two hundred fifty dollars for units with four 37 or more bedrooms; or such higher amounts as the department may establish 38 by regulation as appropriate to induce landlords in high risk lead-paint 39 poisoning areas to voluntarily remove lead-paint hazards from their 40 units using lead safe work practices. This supplemental shelter allow- 41 ance for lead-safe housing shall be paid for a period of twelve months 42 following the submission of the most recent certification of compliance 43 and shall be renewed for subsequent twelve-month periods upon the 44 submission of further certifications of compliance based upon more 45 recent inspections. 46 § 11. Subdivision 2 of section 143-b of the social services law, as 47 added by chapter 997 of the laws of 1962, is amended and a new subdivi- 48 sion 7 is added to read as follows: 49 2. Every public welfare official shall have power to and [may] shall 50 withhold the payment of any such rent in any case where he or she has 51 knowledge that there exists or there is outstanding any violation of law 52 in respect to the building containing the housing accommodations occu- 53 pied by the person entitled to such assistance which is dangerous, 54 hazardous or detrimental to life or health. A report of each such 55 violation shall be made to the appropriate public welfare department byS. 2947 26 1 the appropriate department or agency having jurisdiction over 2 violations. 3 7. No state or local agency shall arrange to place a family consisting 4 of a person or persons under seven years of age or a known pregnant 5 woman in any dwelling unit constructed prior to nineteen hundred seven- 6 ty, or, in cities with a population of one million or more, any dwelling 7 unit constructed prior to nineteen hundred sixty, for which rent is paid 8 in any part with state funds unless such dwelling unit has been first 9 inspected by a person accredited pursuant to section five hundred four 10 of the real property law, and determined to be free of lead-based paint 11 hazards, as defined by subdivision twenty-six of section five hundred of 12 the real property law, and unless such agency has first obtained appro- 13 priate documentation acceptable to the commissioner that such dwelling 14 unit is in compliance with the requirements of section five hundred one 15 of the real property law, or, for multiple dwellings in an exempt muni- 16 cipality within the meaning of section five hundred of the real property 17 law, in compliance with local laws concerning the control of lead-based 18 paint hazards in such multiple dwellings. A written report shall be 19 prepared of any inspection performed pursuant to this subdivision and 20 shall be provided to the family. 21 § 12. Section 390-a of the social services law is amended by adding a 22 new subdivision 2-a to read as follows: 23 2-a. No license or registration shall be issued to a child day care 24 center, a family day care home, or a group family day care home and no 25 such registration shall be renewed until it can be demonstrated that 26 those portions of the facility in which such child day care center, 27 family day care home, or group family day care home is located and those 28 portions of such facility that are readily accessible to children in 29 such child day care center, family day care home, or group family day 30 care home, meet the standards for lead-free property status, lead-con- 31 tained property status, or lead-stabilized property status set forth in 32 section five hundred one of the real property law, or, for multiple 33 dwellings in an exempt municipality within the meaning of section five- 34 hundred of the real property law, with all local laws concerning the 35 control of lead-based paint hazards that apply to multiple dwelling 36 units where children reside. 37 § 13. Subdivision 2 of section 1370 of the public health law, as 38 amended by chapter 485 of the laws of 1992, is amended to read as 39 follows: 40 2. "Area of high risk" means an area designated as such by the commis- 41 sioner or his or her representative, in conjunction with the commission- 42 er of housing and community renewal, and consisting of one or more 43 dwellings in which a condition conducive to lead poisoning of children 44 is present or, additionally, any census tract or block group within the 45 state where, during any single year, more than twenty-five children have 46 been identified with elevated blood lead levels. 47 § 14. Section 1370-a of the public health law is amended by adding two 48 new subdivisions 4 and 5 to read as follows: 49 4. The department shall, in conjunction with the division of housing 50 and community renewal pursuant to section five hundred two of the real 51 property law, identify and designate as areas of high risk any census 52 tract or block group in the state in which during any single year, more 53 than twenty-five children have been identified with elevated blood lead 54 levels. 55 5. Within three months after the close of the fiscal year, the commis- 56 sioner, in collaboration with the deputy commissioner of the division ofS. 2947 27 1 housing and community renewal, shall report to the advisory council 2 established in section thirteen hundred seventy-b of this title on the 3 department's implementation of this section during the preceding period. 4 Such report shall be publicly available and shall include, at a minimum, 5 a detailed statement of revenue and expenditures and statement of the 6 department's program, supported by a statistical section with geographic 7 indexing designed to provide a detailed explanation of the department's 8 enforcement, including but not limited to the following: 9 (a) a statistical profile of dwellings in which violations have been 10 placed pursuant to this title and pursuant to article nineteen of the 11 real property law, indicating the ages of the dwellings and other 12 factors relevant to the prevalence of lead-based paint hazards, which 13 may include the prior lead poisonings or reports of elevated blood lead 14 levels of occupants in the dwelling, outstanding violations, emergency 15 repair charges, tax arrears and mortgage debt; 16 (b) the number of dwelling units inspected by the department or other 17 state or local agency pursuant to this title or pursuant to article 18 nineteen of the real property law, and the number of inspectors assigned 19 to conduct such inspections; 20 (c) the number of dwelling units in which the occupant complained of 21 peeling paint or a deteriorated subsurface and the number of pre-nine- 22 teen hundred seventy-eight dwelling units in which the existence of such 23 conditions were confirmed by the department or other state or local 24 agency; 25 (d) the number of dwelling units in which the occupant complained of a 26 violation of article nineteen of the real property law and the number of 27 pre-nineteen hundred seventy-eight dwelling units in which the existence 28 of such conditions were confirmed by the division of housing and commu- 29 nity renewal or other state or local agency; 30 (e) the number of dwelling units in which a violation was placed 31 pursuant to this title, whether the violation was placed in response to 32 an occupant's complaint or otherwise; 33 (f) the number of dwelling units in which a violation of article nine- 34 teen of the real property law was placed, whether the violation was 35 placed in response to an occupant's complaint or otherwise; 36 (g) an evaluation of the department's capability to timely inspect, 37 serve a notice of violation, and enforce the correction of violations; 38 (h) an evaluation of the division of housing and community renewal's 39 capability to timely inspect, serve a notice of violation, and enforce 40 the correction of violations; 41 (i) an evaluation of the division of housing and community renewal's 42 implementation of a program of inspection pursuant to section five 43 hundred two of the real property law; and 44 (j) a tabulation of all municipalities, census tracts, or census block 45 groups which have in any year more than twenty-five children with 46 elevated blood lead levels, including totals of the number of children 47 with such elevated blood lead levels by five point increments. 48 § 15. Subdivision 1 of section 1371 of the public health law, as 49 amended by chapter 485 of the laws of 1992 and as designated by chapter 50 721 of the laws of 1993, is amended to read as follows: 51 1. No person shall manufacture, sell or hold for sale a children's toy 52 or children's furniture having paint or other similar surface-coating 53 material thereon containing more than [.06] .009 of one per centum (90 54 parts per million) of metallic lead based on the total weight of the 55 contained solids or dried paint film.S. 2947 28 1 § 16. Section 1372 of the public health law, as amended by chapter 485 2 of the laws of 1992, is amended to read as follows: 3 § 1372. Use of leaded paint. No person shall apply paint or other 4 similar surface-coating material containing more than [.06] .009 of one 5 per centum (90 parts per million) of metallic lead based on the total 6 weight of the contained solids or dried paint film to any interior 7 surface, window sill, window frame or porch of a dwelling. 8 § 17. This act shall take effect immediately; provided, however, that 9 section 508 of the real property law, as added by section three of this 10 act, shall expire and be deemed repealed when the commissioner of health 11 certifies that a period of 24 months has elapsed since the department 12 identified a child with an elevated blood lead level through screening 13 by health care providers under section thirteen hundred seventy-c of the 14 public health law; provided that the commissioner of health shall notify 15 the legislative bill drafting commission upon the occurrence of the 16 certification required by this section in order that the commission may 17 maintain an accurate and timely effective data base of the official text 18 of the laws of the state of New York in furtherance of effectuating the 19 provisions of section 44 of the legislative law and section 70-b of the 20 public officers law.
