senate Bill S1391

2011-2012 Legislative Session

Relates to protecting homeless children from lead paint poisoning

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to social services
Jan 07, 2011 referred to social services

Co-Sponsors

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S1391 - Bill Details

See Assembly Version of this Bill:
A1967
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §143-b, Soc Serv L; add §236-a, RP L
Versions Introduced in 2009-2010 Legislative Session:
S1144, A6075

S1391 - Bill Texts

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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 NUMBER:S1391

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
governmental housing subsidies are not placed in hazardous housing.

SUMMARY OF PROVISIONS:
Section one amends social services law section143-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 micrograms 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
deteriorated 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
addition, to address concerns that such amendment would make it more
difficult 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:
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.

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

                                  1391

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens.  PERKINS,  BRESLIN, DIAZ, DUANE, 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
BUILDING  OR  MANUFACTURED  HOME  PARK  TO  ANY PERSON OR FAMILY, OR WHO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05038-01-1

S. 1391                             2

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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