Senate Bill S3121A

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

                                 3121--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 9, 2011
                               ___________

Introduced  by Sens. ESPAILLAT, KRUEGER, MONTGOMERY, PERKINS, SAMPSON --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Housing, Construction and Community Development --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the public housing law, the public health law, and the
  real property law, in relation to the remediation  and  prevention  of
  indoor  mold  and requiring the disclosure of indoor mold history upon
  the sale of certain real property; and to amend the real property  law
  and  the  administrative  code of the city of New York, in relation to
  requiring notice of indoor mold  history  to  prospective  lessees  of
  apartments

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

  Section 1. The public housing law is amended by adding a  new  section
16-a to read as follows:
  S  16-A.  POWERS AND DUTIES OF THE COMMISSIONER WITH RESPECT TO INDOOR
MOLD. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "MOLD" MEANS ANY FORM OF MULTICELLULAR FUNGI THAT LIVE ON PLANT OR
ANIMAL MATTER AND IN INDOOR ENVIRONMENTS. TYPES OF MOLD INCLUDE, BUT ARE
NOT  LIMITED  TO,  CLADOSPORIUM,  PENICILLIUM,  ALTERNARIA, ASPERGILLUS,
FUSARIUM, TRICHODERMA, MEMNONIELLA, MUCOR, AND  STACHYBOTRYS  CHARTARUM,
OFTEN FOUND IN WATER DAMAGED BUILDING MATERIALS.
  (B) "AFFECT" MEANS TO CAUSE A CONDITION BY THE PRESENCE OF MOLD IN THE
DWELLING  UNIT,  BUILDING,  APPURTENANT  STRUCTURE, COMMON WALL, HEATING
SYSTEM, OR VENTILATING AND AIR  CONDITIONING  SYSTEM  THAT  AFFECTS  THE
INDOOR AIR QUALITY OF A DWELLING UNIT OR BUILDING.
  (C)  "ACCEPTABLE  EXPOSURE  LIMIT" MEANS A LEVEL OF MOLD THAT WILL NOT
ADVERSELY AFFECT THE HEALTH OF RESIDENTS OF PUBLIC  HOUSING  UNITS,  AND
DOES NOT POSE A SIGNIFICANT THREAT TO THE PUBLIC HEALTH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01779-03-1
              

S. 3121--A                          2

  2.  PROCEDURES  FOR  THE  REMEDIATION AND PREVENTION OF MOLD IN PUBLIC
HOUSING. THE COMMISSIONER IS HEREBY DIRECTED AND  AUTHORIZED  TO  CREATE
PROCEDURES FOR THE REMEDIATION AND PREVENTION OF MOLD IN PUBLIC HOUSING.
SUCH PROCEDURES SHALL INCLUDE:
  (A)  A  VISUAL SURVEY OF PUBLIC HOUSING UNITS TO CHECK FOR EVIDENCE OF
WATER DAMAGE AND THE EXTENT OF MOLD GROWTH, INCLUDING AN  INSPECTION  OF
THE FOLLOWING:
  (1)  ANY  DEFECTS  IN  CONSTRUCTION  THAT  MAY  CAUSE MOISTURE SUCH AS
DEFECTS IN WINDOWS, ROOFS, OR EXTERIOR SIDING, OR IMPROPERLY LAID  FOUN-
DATIONS, OR THE ABSENCE OF VAPOR BARRIERS.
  (2) PLUMBING LEAKS.
  (3) FLOOR AREAS UNDER CARPETING.
  (4) SPACES UNDER BUILDINGS AND LIVING AREAS, AND CEILING SPACES.
  (5) COLD CORNERS OF ROOMS WHICH LACK PROPER INSULATION AND ARE SUSCEP-
TIBLE TO MOLD GROWTH.
  (6)  ANY  OTHER  MOISTURE DAMAGE, WATER INTRUSION, OR LEAKS AND ROT IN
WALL CAVITIES OF PUBLIC HOUSING SPACES.
  (B) A PROTOCOL FOR THE REMEDIATION OF EXISTING MOLD IN PUBLIC HOUSING,
INCLUDING STANDARDS RELATING TO AN ACCEPTABLE EXPOSURE LIMIT,  INCLUDING
COMPLIANCE  TO  SUCH  AN  ACCEPTABLE EXPOSURE LIMIT. SUCH PROTOCOL SHALL
INCLUDE THE FOLLOWING:
  (1) GUIDELINES FOR THE REMEDIATION OF INDOOR MOLD WHICH SHALL  INCLUDE
PRECAUTIONS  TO  PROTECT  THE  HEALTH OF RESIDENTS OF PUBLIC HOUSING AND
OVERALL PUBLIC HEALTH, INCLUDING PREVENTATIVE MEASURES  TO  ENSURE  THAT
CONTAMINATION DOES NOT LEAVE THE AFFECTED AREA.
  (2)  THE  UTILIZATION  OF  TOOLS,  INSTRUMENTS AND REMEDIATION METHODS
WHICH ARE ACCEPTABLE BY THE PROFESSIONAL COMMUNITY ENGAGED IN THE  REME-
DIATION OF MOLD.
  (3)  THE  UTILIZATION  OF  PROTECTIVE GEAR AND EQUIPMENT TO ENSURE THE
HEALTH AND SAFETY OF PERSONS PERFORMING THE REMEDIATION.
  (4) THE DEVELOPMENT OF A LIST OF PROFESSIONAL COMPANIES ENGAGED IN THE
BUSINESS OF THE REMEDIATION OF MOLD, OR OTHER  TOXIC  SUBSTANCES,  WHICH
SHALL  BE  AVAILABLE FOR CONTRACTING WITH THE DEPARTMENT FOR THE REMEDI-
ATION OF INDOOR MOLD IN  PUBLIC  HOUSING.  SUCH  PROFESSIONAL  COMPANIES
SHALL  BE ASSESSED ACCORDING TO THE TECHNOLOGICAL AND ECONOMIC FEASIBIL-
ITY OF CONTRACTING WITH SUCH COMPANIES, AND ACCORDING TO  THEIR  SUCCESS
IN THE IDENTIFICATION, REMEDIATION AND REMOVAL OF TOXIC MOLD.
  (C)  METHODS  TO  PREVENT  THE RETURN OF MOLD IN AREAS WHICH HAVE BEEN
CLEANED, AND CONSTRUCTION METHODS TO PREVENT MOLD GROWTH IN  NEW  PUBLIC
HOUSING FACILITIES. WITH RESPECT TO THE PREVENTION OF MOLD GROWTH IN NEW
PUBLIC  HOUSING UNITS, THE DEPARTMENT SHALL DEVELOP CONSTRUCTION METHODS
WHICH WILL BEST ENSURE THE PREVENTION OF  MOLD  ACCORDING  TO  SCIENTIF-
ICALLY  RECOGNIZED  ENTITIES  IN  THE  FIELD OF ENVIRONMENTAL HEALTH AND
SAFETY.
  S 2. The public health law is amended by adding a new article 48-A  to
read as follows:
                               ARTICLE 48-A
                       REMEDIATION OF INDOOR MOLD
  SECTION  4809.  POWERS  AND DUTIES OF THE COMMISSIONER WITH RESPECT TO
INDOOR MOLD.
  S 4809. POWERS AND DUTIES OF THE COMMISSIONER WITH RESPECT  TO  INDOOR
MOLD.  1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "MOLD" MEANS ANY FORM OF MULTICELLULAR FUNGI THAT LIVE ON PLANT OR
ANIMAL MATTER AND IN INDOOR ENVIRONMENTS. TYPES OF MOLD INCLUDE, BUT ARE
NOT LIMITED  TO,  CLADOSPORIUM,  PENICILLIUM,  ALTERNARIA,  ASPERGILLUS,

S. 3121--A                          3

FUSARIUM,  TRICHODERMA,  MEMNONIELLA, MUCOR, AND STACHYBOTRYS CHARTARUM,
OFTEN FOUND IN WATER DAMAGED BUILDING MATERIALS.
  (B) "AFFECT" MEANS TO CAUSE A CONDITION BY THE PRESENCE OF MOLD IN THE
DWELLING  UNIT,  BUILDING,  APPURTENANT  STRUCTURE, COMMON WALL, HEATING
SYSTEM, OR VENTILATING AND AIR  CONDITIONING  SYSTEM  THAT  AFFECTS  THE
INDOOR AIR QUALITY OF A DWELLING UNIT OR BUILDING.
  (C)  "ACCEPTABLE  EXPOSURE  LIMIT" MEANS A LEVEL OF MOLD THAT WILL NOT
ADVERSELY AFFECT THE HEALTH OF OCCUPANTS, AND DOES NOT  POSE  A  SIGNIF-
ICANT THREAT TO THE PUBLIC HEALTH.
  2.  STANDARDS FOR THE REMEDIATION AND PREVENTION OF MOLD.  THE COMMIS-
SIONER, OR HIS OR HER DESIGNATED REPRESENTATIVE,  IS  HEREBY  AUTHORIZED
AND  DIRECTED TO PROMULGATE STANDARDS FOR THE DETECTION, PREVENTION, AND
REMEDIATION OF MOLD GROWTH IN INDOOR ENVIRONMENTS WHICH ARE  SUBJECT  TO
THE  RULES  AND  REGULATIONS  OF  THE  DEPARTMENT, INCLUDING WORKPLACES,
PUBLIC FACILITIES, AND OTHER ESTABLISHMENTS UNDER  THE  JURISDICTION  OF
THE  DEPARTMENT. SUCH STANDARDS SHALL INCLUDE GUIDELINES RELATING TO THE
FOLLOWING:
  (A) THE INSPECTION OF INDOOR SPACES FOR THE PRESENCE  OF  MOLD  GROWTH
AND WATER DAMAGE.
  (B)  AN  ACCEPTABLE  EXPOSURE  LIMIT,  INCLUDING STANDARDS RELATING TO
COMPLIANCE WITH SUCH AN ACCEPTABLE EXPOSURE LIMIT.
  (C) PROTOCOL FOR THE REMOVAL AND REMEDIATION OF EXISTING INDOOR MOLD.
  (D) METHODS TO PREVENT THE RETURN OF MOLD IN  AREAS  WHICH  HAVE  BEEN
CLEANED,  AND  CONSTRUCTION METHODS TO PREVENT MOLD GROWTH IN NEW BUILD-
INGS.
  3. CONSULTATION WITH RELATED EXPERTS. IN EFFECTUATING THE PURPOSES  OF
THIS SECTION, THE COMMISSIONER, OR HIS OR HER DESIGNATED REPRESENTATIVE,
SHALL  CONSULT  WITH  SCIENTIFICALLY RECOGNIZED ENTITIES IN THE FIELD OF
ENVIRONMENTAL HEALTH AND SAFETY, AND RELATED AUTHORITATIVE BODIES IN THE
FIELD OF REMEDIATION OF MOLD AND OTHER TOXIC SUBSTANCES.
  S 3. Subdivision 2 of section 462 of the real property law,  as  added
by chapter 456 of the laws of 2001, is amended to read as follows:
  2. The following shall be the disclosure form:
                 PROPERTY CONDITION DISCLOSURE STATEMENT
NAME OF SELLER OR SELLERS:
PROPERTY ADDRESS:
  THE  PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY  THEREOF
TO  BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
BUYER OF A BINDING CONTRACT OF SALE.
  PURPOSE OF STATEMENT: THIS IS A STATEMENT OF  CERTAIN  CONDITIONS  AND
INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
STATEMENT  IS  NOT  A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE  FOR
ANY  INSPECTIONS  OR  TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
  A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON  THIS  FORM
MAY  SUBJECT  THE  SELLER  TO  CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
TRANSFER OF TITLE.  IN THE EVENT A SELLER  FAILS  TO  PERFORM  THE  DUTY
PRESCRIBED  IN  THIS  ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO
THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER  SHALL
RECEIVE  UPON  THE  TRANSFER  OF  TITLE A CREDIT OF FIVE HUNDRED DOLLARS
AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.
  "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A  ONE  TO
FOUR  FAMILY  DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-

S. 3121--A                          4

PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
BUT SHALL NOT REFER TO (A) UNIMPROVED  REAL  PROPERTY  UPON  WHICH  SUCH
DWELLINGS  ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
APARTMENTS  OR  (C)  PROPERTY  ON  A HOMEOWNERS' ASSOCIATION THAT IS NOT
OWNED IN FEE SIMPLE BY THE SELLER.

INSTRUCTIONS TO THE SELLER:
  (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
  (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
REQUIRED.
  (c) COMPLETE THIS FORM YOURSELF.
  (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK  "NA"  (NON-AP-
PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).

  SELLER'S  STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO
THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF  SIGN-
ING  THIS  DOCUMENT.  THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO
PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE  RESIDEN-
TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
GENERAL INFORMATION
  1. HOW LONG HAVE YOU OWNED THE PROPERTY?
  2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
  3. WHAT  IS  THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
     THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO  INVESTI-
     GATE FOR THE PRESENCE OF LEAD BASED PAINT.
  4. DOES  ANYBODY  OTHER  THAN  YOURSELF  HAVE A LEASE, EASEMENT OR ANY
     OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY  OTHER  THAN
     THOSE  STATED  IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
     RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
  5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY?   YES  NO
     UNKN NA (IF YES, EXPLAIN BELOW)
  6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
     CLAIM  CHALLENGING  YOUR  TITLE TO THE PROPERTY? YES NO UNKN NA (IF
     YES, EXPLAIN BELOW)
  7. ARE THERE ANY FEATURES  OF  THE  PROPERTY  SHARED  IN  COMMON  WITH
     ADJOINING  LAND  OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,
     FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
  8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES  FOR  LINE  EXTEN-
     SIONS,  SPECIAL  ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES
     THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
  9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY?    YES
     NO UNKN NA (IF NO, EXPLAIN BELOW)

ENVIRONMENTAL
  NOTE  TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD-
ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT  YOU  KNOW
TO  HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY
OR FROM THE PROPERTY ONTO ANY OTHER  PROPERTY.  PETROLEUM  PRODUCTS  MAY
INCLUDE,  BUT  ARE  NOT  LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
FUEL, AND LUBRICANTS. HAZARDOUS OR  TOXIC  SUBSTANCES  ARE  PRODUCTS  OR
OTHER  MATERIAL  THAT  COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL
HEALTH OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF,  APPLIED
OR  STORED.   THESE INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTI-
CIDES AND INSECTICIDES, PAINT INCLUDING PAINT THINNER,  VARNISH  REMOVER
AND  WOOD  PRESERVATIVES,  TREATED  WOOD, CONSTRUCTION MATERIALS SUCH AS

S. 3121--A                          5

ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS,
BATTERIES, CLEANING SOLVENTS INCLUDING SEPTIC TANK  CLEANERS,  HOUSEHOLD
CLEANERS  [AND],  POOL  CHEMICALS [AND], PRODUCTS CONTAINING MERCURY AND
LEAD AND INDOOR MOLD.

  NOTE  TO  BUYER  -  IF  CONTAMINATION  OF THIS PROPERTY FROM PETROLEUM
PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO  YOU,  YOU
ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.

  10. IS  ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN?
      YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
  11. IS ANY OR ALL OF THE PROPERTY LOCATED  IN  A  DESIGNATED  WETLAND?
      YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
  12. IS  THE  PROPERTY  LOCATED  IN AN AGRICULTURAL DISTRICT?   YES  NO
      UNKN  NA (IF YES, EXPLAIN BELOW)
  13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL?  YES  NO   UNKN   NA
      (IF YES, EXPLAIN BELOW)
  14. ARE  THERE  OR  HAVE  THERE  EVER BEEN FUEL STORAGE TANKS ABOVE OR
      BELOW THE GROUND ON THE PROPERTY?  YES  NO  UNKN  NA  IF YES,  ARE
      THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
      OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
  15. IS  THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE
      LOCATION OR LOCATIONS BELOW)
  16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES,  STATE  LOCATION
      OR LOCATIONS BELOW)
  17. HAS  A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY
      OF THE REPORT)
  18. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING  OIL  OR
      ANY  OTHER  PETROLEUM  PRODUCT,  METHANE  GAS, OR ANY HAZARDOUS OR
      TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON  THE
      PROPERTY  OR  FROM  THE  PROPERTY ONTO ANY OTHER PROPERTY?  YES NO
      UNKN NA (IF YES, DESCRIBE BELOW)
  19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
      OIL, HOME HEATING FUEL, LUBRICATING OIL, OR  ANY  OTHER  PETROLEUM
      PRODUCT,  METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO
      UNKN NA (IF YES, ATTACH REPORT(S))
  19-A.  HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO  UNKN  (IF
      YES, ATTACH A COPY OF THE REPORT)
  19-B.   IS THERE INDOOR MOLD ON THE PROPERTY PRESENTLY? (IF YES, STATE
      LOCATION OR LOCATIONS BELOW)

STRUCTURAL
  20. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE  OR  STRUCTURES?
      YES NO UNKN NA (IF YES, EXPLAIN BELOW)
  21. IS  THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
      YES NO UNKN NA (IF YES, EXPLAIN BELOW)
  22. IS THERE ANY  TERMITE,  INSECT,  RODENT  OR  PEST  INFESTATION  OR
      DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
  23. HAS  THE  PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
      INFESTATION OR DAMAGE? YES NO  UNKN  NA  (IF  YES,  PLEASE  ATTACH
      REPORT(S))
  24. WHAT  IS  THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)?
      ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
      FERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO  UNKN  NA  (IF
      YES, EXPLAIN BELOW)

S. 3121--A                          6

  25. ARE  THERE  ANY  KNOWN  MATERIAL  DEFECTS  IN ANY OF THE FOLLOWING
      STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS  OR
      PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW)

MECHANICAL SYSTEMS & SERVICES
  26. WHAT  IS  THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
      MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
  27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
      (IF YES, DESCRIBE BELOW)
  28. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY -  PUBLIC
      SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)?  IF SEPTIC OR CESSPOOL,
      AGE?  ________  DATE  LAST  PUMPED? ________ FREQUENCY OF PUMPING?
      ________ ANY KNOWN MATERIAL DEFECTS?   YES NO  UNKN  NA  (IF  YES,
      EXPLAIN BELOW)
  29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
      AGE?  ________  DOES  IT  HAVE CIRCUIT BREAKERS OR FUSES? ________
      PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS?  YES
      NO UNKN NA (IF YES, EXPLAIN BELOW)
  30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
      IN  STANDING  WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA
      (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
  31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES
      NO UNKN NA (IF YES, EXPLAIN BELOW)
      ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE  FOLLOWING  (IF
      YES, EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
  32. PLUMBING SYSTEM?            YES NO UNKN NA
  33. SECURITY SYSTEM?            YES NO UNKN NA
  34. CARBON MONOXIDE DETECTOR?   YES NO UNKN NA
  35. SMOKE DETECTOR?             YES NO UNKN NA
  36. FIRE SPRINKLER SYSTEM?      YES NO UNKN NA
  37. SUMP PUMP?                  YES NO UNKN NA
  38. FOUNDATION/SLAB?            YES NO UNKN NA
  39. INTERIOR WALLS/CEILINGS?    YES NO UNKN NA
  40. EXTERIOR WALLS OR SIDING?   YES NO UNKN NA
  41. FLOORS?                     YES NO UNKN NA
  42. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
  43. PATIO/DECK?                 YES NO UNKN NA
  44. DRIVEWAY?                   YES NO UNKN NA
  45. AIR CONDITIONER?            YES NO UNKN NA
  46. HEATING SYSTEM?             YES NO UNKN NA
  47. HOT WATER HEATER?           YES NO UNKN NA
  48. THE  PROPERTY  IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT    UNKN
     NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC  RECORDS  CONCERNING  THE
     PROPERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
  THE  SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
TIONAL PAGES ATTACHED.
  ______________________________________________________________
  ______________________________________________________________
  ______________________________________________________________
  ______________________________________________________________
  SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN  THIS
PROPERTY  CONDITION  DISCLOSURE  STATEMENT  IS  TRUE AND COMPLETE TO THE
SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED  BY  THE  SELLER.  IF  A
SELLER  OF  RESIDENTIAL  REAL  PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED

S. 3121--A                          7

PREVIOUSLY, THE  SELLER  SHALL  DELIVER  A  REVISED  PROPERTY  CONDITION
DISCLOSURE  STATEMENT  TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
  SELLER__________ DATE___________
  SELLER__________ DATE___________
  BUYER'S  ACKNOWLEDGMENT:  BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT  OF
CERTAIN  CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR  OTHER  INSPECTIONS
OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
  BUYER__________ DATE__________
  BUYER__________ DATE _________
  S  4.   The real property law is amended by adding a new section 235-h
to read as follows:
  S 235-H. NOTICE  OF  INDOOR  MOLD  AND  REMEDIATION  HISTORY.  1.  ALL
PROSPECTIVE  LESSEES SHALL BE FURNISHED WITH A NOTICE, IN A FORM PROMUL-
GATED OR APPROVED  BY  THE  STATE  DIVISION  OF  HOUSING  AND  COMMUNITY
RENEWAL,  THAT  SETS  FORTH  THE  PROPERTY'S INDOOR MOLD AND REMEDIATION
HISTORY.
  2. INFORMATION SHALL INCLUDE ANY HISTORY OF INDOOR  MOLD  AND  REMEDI-
ATION,  IF  ANY,  OF THE PREMISES TO BE RENTED BY THE PROSPECTIVE LESSEE
AND THE BUILDING IN WHICH THE PREMISES ARE LOCATED.
  S 5. The administrative code of the city of New  York  is  amended  by
adding a new section 27-2009.2 to read as follows:
  S 27-2009.2 NOTICE OF INDOOR MOLD AND REMEDIATION HISTORY. FOR HOUSING
ACCOMMODATIONS  SUBJECT  TO  THIS  CODE,  AN  OWNER SHALL FURNISH TO ALL
PROSPECTIVE LESSEES, A NOTICE IN A FORM PROMULGATED OR APPROVED  BY  THE
STATE  DIVISION  OF  HOUSING  AND  COMMUNITY RENEWAL THAT SETS FORTH THE
PROPERTY'S HISTORY OF INDOOR MOLD AND THE REMEDIATION, IF ANY, REGARDING
THE PREMISES TO BE RENTED BY THE PROSPECTIVE LESSEE AND THE BUILDING  IN
WHICH THE PREMISES ARE LOCATED.
  S  6.    This  act  shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, that section  three
of  this  act shall apply to contracts of sale for real property entered
into on or after such effective date;  and  provided  further,  however,
that  effective  immediately  the  commissioner of housing and community
renewal and the commissioner of health, in consultation with each other,
are hereby authorized and directed to promulgate  any  rules  and  regu-
lations  necessary  for  the implementation of this act on or before its
effective date.