Assembly Actions -
Senate Actions - UPPERCASE
|Jul 20, 2020
referred to rules
Senate Bill S8830
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S8830 (ACTIVE) - Details
2019-S8830 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8830 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the real property law, in relation to requiring the disclosure of lead-based paint test reports in real estate transactions PURPOSE OF BILL: This bill requires property owners to conduct lead paint tests and provide the reports of such test before selling or leasing the property. By requiring that these test reports also be submitted to the Department of Health, New York takes a first step towards tracking and mitigating its worst-in-the-nation lead poisoning crisis. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill sets forth legislative findings. Section 2 of the bill creates a new Article 16 to the real property law
2019-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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