senate Bill S8830

2019-2020 Legislative Session

Requires the disclosure of lead-based paint test reports in real estate transactions

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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2020 referred to rules

S8830 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Add Art 16 §§520 - 524, §235-aa, amd §462, RP L
Versions Introduced in 2021-2022 Legislative Session:
S2142

S8830 (ACTIVE) - Summary

Requires the disclosure of lead-based paint test reports in real estate transactions.

S8830 (ACTIVE) - Sponsor Memo

S8830 (ACTIVE) - Bill Text download pdf


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

                                  8830

                            I N  S E N A T E

                              July 20, 2020
                               ___________

Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the real property law,  in  relation  to  requiring  the
  disclosure  of  lead-based  paint  test  reports in real estate trans-
  actions

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

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that lead poisoning of children persists as  one  of  the  most
prevalent  and  preventable  environmental  diseases  in New York State.
Nearly 100,000 children were newly identified with  levels  of  lead  in
their  blood at five micrograms per deciliter (mcg/dL) in New York state
between 2011 and 2015.   Medical research indicates  that  children  can
suffer  permanent  brain damage at blood levels even lower than 5mcg/dL,
and that there is no level of lead ingestion  that  is  without  adverse
impact.    The  predominant cause of lead poisoning in young children is
the ingestion of lead particles from deteriorating or abraded lead-based
paint from older and poorly maintained residences.   Although  New  York
state banned the sale of lead-based paint in 1970, (l.1970, ch. 338) 74%
of New York's housing stock was constructed prior to 1970 and lead-based
paint  was available outside of the state until 1978. New York state has
both the nation's greatest number (over 4 million  units),  the  highest
percentage  (55.08%)  of  pre-1960 and pre-1950 (41.0%) housing, and the
oldest housing inventory among the fifty states. At least ninety percent
of lead-based paint still exists in occupied housing built before  1960.
New  York  state's older housing stock places residents at great risk of
exposure to lead hazards, with low-income children living in older hous-
ing having the highest risk of lead poisoning. Knowledge  of  lead-based
paint  hazards, their control, mitigation, abatement, and risk avoidance
is not sufficiently widespread. In addition, while federal law  requires
the disclosure by sellers of real property of knowledge of the existence
of  lead-based paint and lead-based paint hazards, and encourages poten-
tial buyers to conduct inspections for  lead-based  paint,  these  mech-
anisms  neither mandate that such inspections take place either by sell-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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