senate Bill S1263

Relates to protecting homeless children from lead paint poisoning

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO SOCIAL SERVICES
  • 08 / Jan / 2014
    • REFERRED TO SOCIAL SERVICES

Summary

Relates to protecting homeless children from lead paint poisoning; bars discrimination in the leasing of rental property against families receiving public assistance or governmental housing subsidies.

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Bill Details

Versions:
S1263
Legislative Cycle:
2013-2014
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §143-b, Soc Serv L; add §236-a, RP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1391
2009-2010: S1144

Sponsor Memo

BILL NUMBER:S1263

TITLE OF BILL: An act to amend the social services law and the real
property law, in relation to protecting homeless children from lead
paint poisoning

PURPOSE:
To assure that families receiving public assistance and/or other govern-
mental housing subsidies are not placed in hazardous housing.

SUMMARY OF PROVISIONS:
Section one amends social services law section 143-b and creates a new
subsection to bar state and local governmental agencies from arranging
to place families in housing that will be subsidized with state funds
unless the dwelling unit has first been inspected by properly qualified
personnel and determined to be free of lead-based paint hazards.

Section two amends the real property law to bar discrimination in the
leasing of rental property against families receiving public assistance
or governmental housing subsidies.

JUSTIFICATION:
Lead poisoning of children persists as one of the most prevalent and
preventable environmental diseases in New York. At least 10,000 children
were newly identified with levels of lead in their blood at 10 micro-
grams per deciliter (ug/dl) in New York State in 2001. Medical research
indicates that children can suffer permanent, irreparable damage at
blood levels even lower than 10 ug/dl, and that there is no level of
lead ingestion which is without adverse impact. Medical research also
indicates that fetal injuries from lead paint can occur if women have
elevated blood levels during pregnancy.

Because of this, intervention measures that wait until children have
been exposed have limited benefits, and the pursuit of primary
prevention, which means eliminating lead hazards before children are
exposed, has been recommended by the United States Centers for Disease
Control and Prevention and promoted by leading experts in the field as a
critical course of action to protect the health of young children.

Although New York state banned the sale of lead paint in 1970 (1.1970,
ch. 338), seventy-four percent of New York's housing stock was
constructed prior to 1970. At least ninety percent of lead-based paint
still remaining in occupied housing exists in units built before 1960
(when New York City banned lead-based paint). New York State has both
the largest percentage and the largest absolute number of older housing
units with lead paint in the nation.

The deterioration of lead-based paint in older residences results in
increased expenses each year for the state of New York in the form of
special education and other education expenses, medical care for lead
poisoned children, and expenditures for delinquent youth and others

needing special supervision. The New York State Department of Health has
called for the elimination of childhood lead poisoning in New York State
by 2010.

It has recently been reported in various news media that New York City's
department of homeless services has been placing homeless families in
dwelling units without properly inspecting such units first to assure
that they were free of lead-based paint hazards, and that as a result
such families have been placed in housing that is hazardous. Social
Services Law section 143-b was originally enacted because of "certain
existing evils and abuses *** which have caused many tenants, who are
welfare recipients, to suffer untold hardships, deprivation of services
and deterioration of housing facilities because certain landlords have
been exploiting such tenants by failing to make necessary repairs and by
neglecting to afford necessary services," (Declaration of purpose and
necessity, L.1962, ch. 997, § 1). In upholding the constitutionality of
this law, the New York State Court of Appeals explained that "...
welfare recipients have even less freedom than other tenants of deteri-
orated buildings in selecting a place to live ... and the landlords of
welfare recipients, secure in their receipt of rents directly from
public funds, have even less incentive than other landlords to make
repairs."
MATTER OF FARRELL V. DREW, 19 NY2d 486, 492 (1967).

This amendment to social services law section l43-b would address the
concern that public funds are misused when they support the placement of
vulnerable families in housing with lead-based paint hazards. In addi-
tion, to address concerns that such amendment would make it more diffi-
cult to find landlords willing to lease dwelling units to those on
public assistance or otherwise receiving governmental rental subsidies,
the real property law would be amended to bar discrimination in the
leasing of rental property such families.

LEGISLATIVE HISTORY:
2011-2012 Referred to Social Services, Children & Families; (S.1391)
2009-2010 Referred to Social Services, Children & Families; Codes
(S.7419A)
2007-2008 Referred to Social Services, Children & Families (S.3043)

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1263

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. PERKINS, BRESLIN, DIAZ, HASSELL-THOMPSON, KRUEGER,
  MONTGOMERY, PARKER,  SMITH,  SQUADRON,  STAVISKY  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Social Services

AN ACT to amend the social services law and the real  property  law,  in
  relation to protecting homeless children from lead paint poisoning

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 143-b of the social  services  law  is  amended  by
adding a new subdivision 7 to read as follows:
  7. NO STATE OR LOCAL AGENCY SHALL ARRANGE TO PLACE A FAMILY CONSISTING
OF  A  PERSON OR PERSONS UNDER SIX YEARS OF AGE OR PREGNANT WOMEN IN ANY
DWELLING UNIT CONSTRUCTED PRIOR TO  NINETEEN  HUNDRED  SEVENTY,  OR,  IN
CITIES  WITH  A  POPULATION  OF  ONE  MILLION OR MORE, ANY DWELLING UNIT
CONSTRUCTED PRIOR TO NINETEEN HUNDRED SIXTY, FOR WHICH THE RENT IS  PAID
IN  ANY  PART  WITH STATE FUNDS UNLESS SUCH DWELLING UNIT HAS BEEN FIRST
INSPECTED BY A PERSON ACCREDITED PURSUANT  TO  THE  REQUIREMENTS  OF  40
C.F.R.  745.325  OR SUCCESSOR REGULATION, GOVERNING THE ACCREDITATION OF
INDIVIDUALS ENGAGING IN LEAD-BASED PAINT ACTIVITIES, AND  DETERMINED  TO
BE FREE OF LEAD-BASED HAZARDS, AS DEFINED BY 42 U.S.C. S4851B(15) AND 40
C.F.R.   S745.103, OR SUCCESSOR STATUTE AND REGULATION. A WRITTEN REPORT
SHALL BE PREPARED OF SUCH  INSPECTION  AND  SHALL  BE  PROVIDED  TO  THE
TENANT.
  S 2. The real property law is amended by adding a new section 236-a to
read as follows:
  S  236-A. DISCRIMINATION AGAINST PERSONS AND FAMILIES RECEIVING PUBLIC
ASSISTANCE OR GOVERNMENTAL HOUSING SUBSIDIES PROHIBITED. 1. ANY  PERSON,
FIRM  OR  CORPORATION  OWNING  OR  HAVING IN CHARGE ANY APARTMENT HOUSE,
TENEMENT HOUSE OR OTHER BUILDING OR  MANUFACTURED  HOME  PARK  USED  FOR
DWELLING  PURPOSES  WHO  SHALL  REFUSE  TO  RENT ANY OR PART OF ANY SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02702-01-3

S. 1263                             2

BUILDING OR MANUFACTURED HOME PARK TO  ANY  PERSON  OR  FAMILY,  OR  WHO
DISCRIMINATES  IN  THE  TERMS,  CONDITIONS,  OR  PRIVILEGES  OF ANY SUCH
RENTAL, ON THE GROUND THAT SUCH PERSON OR FAMILY RECEIVES PUBLIC ASSIST-
ANCE OR ANY OTHER GOVERNMENT SUBSIDY FOR PAYMENT OF RENT SHALL BE GUILTY
OF  A  MISDEMEANOR AND ON CONVICTION THEREOF SHALL BE PUNISHED BY A FINE
OF NOT LESS THAN FIVE HUNDRED NOR MORE THAN  ONE  THOUSAND  DOLLARS  FOR
EACH OFFENSE.
  2.(A)  WHERE  DISCRIMINATORY  CONDUCT  PROHIBITED  BY THIS SECTION HAS
OCCURRED, AN AGGRIEVED INDIVIDUAL SHALL HAVE A CAUSE OF  ACTION  IN  ANY
COURT  OF COMPETENT JURISDICTION FOR DAMAGES, DECLARATORY AND INJUNCTIVE
RELIEF.
  (B) IN ALL ACTIONS BROUGHT UNDER THIS SECTION, THE COURT  SHALL  ALLOW
THE  PREVAILING PLAINTIFF REASONABLE ATTORNEY'S FEES AND, UPON A FINDING
THAT THE DEFENDANT'S DISCRIMINATORY CONDUCT WAS WILLFUL,  AN  ADDITIONAL
AMOUNT  AS LIQUIDATED DAMAGES EQUAL TO TWO THOUSAND FIVE HUNDRED DOLLARS
SHALL BE AWARDED.
  S 3. This act shall take effect immediately.

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