senate Bill S2142A

2017-2018 Legislative Session

Relates to the remediation and prevention of indoor mold and requiring the disclosure of indoor mold history upon the sale of certain real property

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 committed to rules
Mar 05, 2018 advanced to third reading
Feb 28, 2018 2nd report cal.
Feb 27, 2018 1st report cal.520
Jan 03, 2018 referred to housing, construction and community development
returned to senate
died in assembly
Jun 20, 2017 referred to housing
delivered to assembly
passed senate
ordered to third reading cal.2001
committee discharged and committed to rules
Jun 15, 2017 print number 2142a
Jun 15, 2017 amend (t) and recommit to housing, construction and community development
Jan 12, 2017 referred to housing, construction and community development

Votes

view votes

Feb 27, 2018 - Housing, Construction and Community Development committee Vote

S2142A
5
2
committee
5
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Feb 27, 2018

nay (2)
aye wr (2)

Jun 20, 2017 - Rules committee Vote

S2142A
21
2
committee
21
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

S2142 - Details

Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Amd §452, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3121
2013-2014: S1820
2015-2016: S3756
2019-2020: S1446

S2142 - Summary

Relates to the remediation and prevention of indoor mold; requires the disclosure of indoor mold history upon the sale of certain real property; requires notification to prospective lessees; directs the commissioner of housing and community renewal and the commissioner of health to promulgate rules and standards for the remediation and prevention of indoor mold.

S2142 - Sponsor Memo

S2142 - Bill Text download pdf


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

                                  2142

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced by Sen. ALCANTARA -- 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, 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:
  § 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.
  2. PROCEDURES FOR THE REMEDIATION AND PREVENTION  OF  MOLD  IN  PUBLIC
HOUSING.  THE  COMMISSIONER  IS HEREBY DIRECTED AND AUTHORIZED TO CREATE

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

S2142A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Amd §452, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3121
2013-2014: S1820
2015-2016: S3756
2019-2020: S1446

S2142A (ACTIVE) - Summary

Relates to the remediation and prevention of indoor mold; requires the disclosure of indoor mold history upon the sale of certain real property; requires notification to prospective lessees; directs the commissioner of housing and community renewal and the commissioner of health to promulgate rules and standards for the remediation and prevention of indoor mold.

S2142A (ACTIVE) - Sponsor Memo

S2142A (ACTIVE) - Bill Text download pdf


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

                                 2142--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced by Sen. ALCANTARA -- 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  real property law, in relation to requiring the
  disclosure of indoor mold history upon the sale of certain real  prop-
  erty

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

  Section 1.  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

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

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