senate Bill S6238

2013-2014 Legislative Session

Relates to the New York city housing authority and mold remediation

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development

S6238 - Bill Details

See Assembly Version of this Bill:
A9537
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Public Housing Law
Laws Affected:
Amd §402, Pub Hous L

S6238 - Bill Texts

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Relates to the New York city housing authority and mold remediation.

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BILL NUMBER:S6238

TITLE OF BILL: An act to amend the public housing law in relation to
the New York city housing authority and mold remediation

PURPOSE:

To require the New York City Housing Authority ("NYCHA") to remediate
any instances of mold reported by any tenant to NYCHA within fifteen
(15) days of NYCHA's notice of the condition. In addition, within
sixty days (60) of the initial remediation, NYCHA shall revisit the
apartment to ensure that the remediation was successful.

SUMMARY OF PROVISIONS:

§ 1. Section 402 of the public housing law is amended by adding
subdivision 10 providing that:

1. NYCHA shall remediate any instances of mold reported by any tenant
to NYCHA within fifteen (15) days of NYCHA's notice of the condition.

2. Within sixty days (60) of the initial remediation, NYCHA shall
revisit the dwelling unit to ensure that the remediation was
successful.

§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.

JUSTIFICATION:

The North Carolina Division of Public Health describes mold as a type
of fungus that is an often "fuzzy-looking growth that appears on the
surface of organic materials in damp conditions, both outdoors and
indoors. Molds may be gray, black, green, yellow, orange or various
other colors, and may have a velvety or wooly texture."

The North Carolina Division of Public Health further states that
"...molds produce tiny spores in order to reproduce. Mold spores
continually waft through the air, both indoors and out-of-doors. When
mold spores land on a damp spot, they may begin growing and digesting
whatever they are growing on in order to survive. Indoors, molds can
grow on wood, paper, fabrics, carpet, foods and other organic
materials. Molds are a natural part of the environment, but human
health problems may result when people are exposed to large amounts of
mold, particularly indoors."

According to the Centers of Disease Control, many people are sensitive
to molds. For these people, exposure to molds can cause symptoms such
as nasal stuffiness, eye irritation, wheezing, or skin irritation.
People with serious allergies to molds may have more severe reactions.
Severe reactions may include fever, shortness of breath, skin rash and
itching, running nose, eye irritation, cough, throat irritation,
headache, congestion and aggravation of asthma. People with chronic
lung illnesses, such as obstructive lung disease, may also develop
mold infections in their lungs. Mold is also especially dangerous for
individuals with compromised immune systems such as HIV/AIDS patients,
organ transplant patients or chemotherapy patients.


NYCHA has a terrible history of remediating mold in its apartments.
Recently, after a law suit was filed, NYCHA entered into a settlement
agreeing to federal oversight of its troubled effort to erase
tenacious mold from hundreds of aging apartments. The settlement
requires federal oversight of NYCHA's mold remediation activities for
three years. This bill will ensure that NYCHA will continue to
properly remediate mold conditions in its apartments even after the
three year settlement has expired.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

No Cost to State.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

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

                                  6238

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT to amend the public housing law in relation to the New York city
  housing authority and mold remediation

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

  Section  1. Section 402 of the public housing law is amended by adding
a new subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  UPON
THE REPORT BY ANY TENANT OF MOLD IN A DWELLING UNIT IN ANY PROJECT OPER-
ATED  BY THE AUTHORITY, THE AUTHORITY SHALL HAVE FIFTEEN DAYS TO REMEDI-
ATE SAID MOLD. THE AUTHORITY SHALL HAVE SIXTY DAYS FROM THE  REMEDIATION
TO INSPECT THE DWELLING UNIT TO ENSURE MOLD REMOVAL.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13353-01-3

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