NY State Senate Bill 2017-S7794

Senate Bill S7794

2017-2018 Legislative Session

Directs the New York city housing authority to establish occupant protection plans for projects having lead paint

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2018	referred to housing, construction and community development

co-Sponsors

2017-S7794 (ACTIVE) - Details

See Assembly Version of this Bill:: A10313
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Public Housing Law
Laws Affected:: Add §402-d, Pub Hous L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2771, A2032
2021-2022: S3428
2023-2024: S1302

2017-S7794 (ACTIVE) - Summary

Directs the New York city housing authority to establish occupant protection plans for projects having lead paint.

2017-S7794 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7794

SPONSOR: ALCANTARA
 
TITLE OF BILL:  An act to amend the public housing law, in relation to
directing the New York city housing authority to establish an occupant
protection plan for each project constructed during or prior to 1978

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require the New York City Housing Author-
ity to create an Occupant Protection Plan.

 
SUMMARY OF PROVISIONS:

Section one: Amends the public housing law to add a new section, 402d.
Part a of section 402-d requires the New York City Housing Authority
(NYCHA) to create an Occupant Protection Plan for every development
built on or prior to 1978, or when lead paint is otherwise found in a
public housing authority development and update the plan on a regular
basis. The plan also requires that such developments are re-inspected
for lead paint if they were inspected by the authority between 2012-2018

due to the discrepancies within the authority during that time regarding
workers' certification. Part b requires that after the Occupant
Protection Plan is created by the authority, the authority must post and
maintain signs in a conspicuous location in the affected developments.

Section two: Sets the effective date.

 
JUSTIFICATION:

In light of the egregious missteps taking by NYCHA officials, the legis-
lature aims to protect tenants by requiring enhanced education and prop-
er inspections. In 2017, a city probe found that NYCHA stopped inspect-
ing individual apartments pursuant to Local Law 1 in 2012. Between 2012
and 2016, these required inspections were not properly executed by NYCHA
officials. However, during that time, NYCHA officials signed off on
documents filed with the U.S.  Department of Housing and Urban Develop-
ment certifying that they completed all necessary inspections. New York
City's Department of Investigation revealed that NYCHA falsely claimed
to have performed all requisite inspections over the course of several
years.

Due to these discrepancies, thousands of NYCHA residents were exposed to
lead paint. The Occupant Protection Plan will help educate residents on
how to protect themselves from potential lead paint exposure. Also, by
requiring the authority to re-inspect the buildings that were improperly
inspected, we are holding the authority accountable while further
protecting the residents.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and eightieth day after it
shall become law.

2017-S7794 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7794
 
                             I N  S E N A T E
 
                             February 26, 2018
                                ___________
 
 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, in relation to directing the New
   York city housing authority to establish an occupant  protection  plan
   for each project constructed during or prior to 1978

   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
 402-d to read as follows:
   §  402-D.  OCCUPANT  PROTECTION  PLANS. 1.   THE NEW YORK CITY HOUSING
 AUTHORITY SHALL ESTABLISH AN OCCUPANT PROTECTION PLAN FOR EVERY  PROJECT
 BUILT  DURING  OR  PRIOR  TO  NINETEEN  HUNDRED  SEVENTY-EIGHT,  AND FOR
 PROJECTS IN WHICH LEAD PAINT IS OTHERWISE FOUND. THE NEW YORK CITY HOUS-
 ING AUTHORITY SHALL UPDATE EACH SUCH PLAN ON  AN  ANNUAL  BASIS.    SUCH
 PLANS  SHALL  REQUIRE THAT SUCH PROJECTS ARE RE-INSPECTED FOR LEAD PAINT
 IF THEY WERE INSPECTED BY SUCH  AUTHORITY  BETWEEN  JANUARY  FIRST,  TWO
 THOUSAND  TWELVE  AND DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN. EACH
 OCCUPANT PROTECTION PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) NOTIFICATION TO THE DEPARTMENT OF HEALTH  AND  THE  DEPARTMENT  OF
 HEALTH  AND MENTAL HYGIENE OF THE CITY OF NEW YORK OF ANY POTENTIAL LEAD
 OR MOLD EXPOSURE;
   (B) NOTIFICATION, BY MAIL IN THEIR NATIVE LANGUAGE, TO TENANTS WHO ARE
 AT RISK OF EXPOSURE TO LEAD PAINT AND MOLD;
   (C) INFORMATION ON HOW AND WHERE TO RECEIVE FREE LEAD SCREENING;
   (D) PREVENTION METHODS THAT CAN BE TAKEN BY THE TENANTS TO AVOID EXPO-
 SURE; AND
   (E) PROVIDE A SCHEDULE OF PAINT TESTING AND A REMOVAL SCHEDULE.
   2. WITHIN THREE MONTHS OF THE NEW YORK CITY HOUSING AUTHORITY'S ESTAB-
 LISHING THE OCCUPANT PROTECTION PLANS, SUCH  AUTHORITY  SHALL  POST  AND
 MAINTAIN  SIGNS  IN CONSPICUOUS LOCATIONS AT THE AFFECTED PROJECTS WHICH
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) INFORMATION ON HOW AND WHERE TO RECEIVE FREE LEAD SCREENING; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14651-02-8

 S. 7794                             2
 
   (B) PREVENTION METHODS THAT CAN BE TAKEN BY THE TENANTS TO AVOID EXPO-
 SURE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S7794

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Sponsored By

Marisol Alcantara