NY State Senate Bill 2021-S3428

Senate Bill S3428

2021-2022 Legislative Session

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to housing, construction and community development
Jan 29, 2021	referred to housing, construction and community development

2021-S3428 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Public Housing Law
Laws Affected:: Add §402-f, Pub Hous L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7794
2019-2020: S2771
2023-2024: S1302

2021-S3428 (ACTIVE) - Summary

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

2021-S3428 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3428

SPONSOR: COMRIE
 
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 a maintain signs in a conspicuous location in the affected develop-
ments.

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-
merit 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 in 2018: Senate Print 7794.

 
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.

2021-S3428 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3428
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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-f to read as follows:
   § 402-F. 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 FOURTEEN AND DECEMBER THIRTY-FIRST,  TWO  THOUSAND  TWENTY-ONE.
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07946-01-1

 S. 3428                             2
 
 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
   (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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