Senate Bill S8453

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8453
 
                             I N  S E N A T E
 
                               March 2, 2022
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, the labor law, the tax  law,  the
   state  finance  law, the multiple dwelling law, the multiple residence
   law, the social services law and the public health law, in relation to
   enacting the "childhood lead poisoning prevention and safe housing act
   of 2022"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "childhood
 lead poisoning prevention and safe housing act of 2022".
   § 2. Legislative findings and purposes. 1. (a) Lead poisoning of chil-
 dren persists as one of the most prevalent and preventable environmental
 diseases in New York. Nearly 100,000 children were newly identified with
 levels of lead in their blood at or above  5  micrograms  per  deciliter
 (ug/dL)  in  New  York state between 2011 and 2015. Moreover, only about
 one-third of  children  are  receiving  the  lead  screenings  that  are
 required by law and therefore, the actual number of children affected by
 the ingestion or inhalation of lead is undoubtedly significantly greater
 than  reported. Prevention is the only effective way to protect children
 from irreversible damage. Unless lead poisoning is  prevented,  elevated
 blood  lead  levels will result in impairment of the ability of children
 to think, concentrate, and learn.
   (b) Medical research indicates that  children  can  suffer  permanent,
 irreparable  damage  at  blood  levels  even lower than 5ug/dL, and that
 there is no level of lead  ingestion  or  inhalation  which  is  without
 adverse impact. Medical research also indicates that fetal injuries from
 lead paint can occur if women have elevated blood levels during pregnan-
 cy.    Because  of  this, intervention measures that wait until children
 have been exposed have limited benefits,  and  the  pursuit  of  primary
 prevention,  which  means  eliminating  lead hazards before children are
 exposed, has been recommended by the federal centers for disease control
 and prevention (CDC) and promoted by leading experts in the field  as  a
 critical course of action to protect the health of young children.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14884-02-2
 S. 8453                             2
 
   (c) Adult exposure to lead is also dangerous. It increases the risk of
 mortality  from  hypertension  and  cardiovascular disease with a recent
 large-scale study finding that 400,000 deaths per year in the  U.S.  are
 attributable  to  lead  exposure.  The study found that even adult blood
 lead concentrations lower than 5 ug/dL are associated with mortality. In
 addition,  the  federal environmental protection agency (EPA) classifies
 lead as a probable human carcinogen.
   (d) The predominant cause of lead poisoning in children is the  inges-
 tion or inhalation of lead particles from deteriorating or abraded lead-
 based paint from older and poorly maintained residences.
   (e) Deteriorating lead-based paint or excessive amounts of lead-conta-
 minated dust in these poorly maintained homes, or lead-contaminated soil
 around  residences, endangers the intellectual and emotional development
 and physical well-being of affected children, and  endangers  the  long-
 term  health of all inhabitants. In addition, unsafe work practices that
 inadequately control lead dust in the  repair  or  renovation  of  older
 homes can cause substantial lead hazards.
   (f)  Although  New  York  state  banned the sale of lead paint in 1970
 (chapter 338 of the laws of 1970), seventy percent of New York's housing
 stock was constructed prior  to  1970,  and  seventy-eight  percent  was
 constructed  prior to 1978, the year federal law banned the use of lead-
 based paint in residential homes. At least ninety percent of  lead-based
 paint  still  remaining in occupied housing exists in units built before
 1960. New York state has both the largest  percentage  and  the  largest
 absolute number of older housing units with lead paint in the nation.
   (g)  The  dangers  posed  by  lead-based  paint  can  be substantially
 reduced, although not eliminated, by taking measures  to  prevent  paint
 deterioration  and  limiting children's exposure to paint chips and lead
 dust.
   (h) The deterioration of lead-based paint in older residences  results
 in increased expenses each year for the state of New York in the form of
 special  education  and  other education expenses, medical care for lead
 poisoned children, and expenditures  for  delinquent  youth  and  others
 needing  special supervision. The overall social costs of lead poisoning
 are estimated to amount to at least six billion dollars annually.
   (i) Older housing units remain an important part of New York's housing
 stock, particularly for those of modest or limited incomes. The  problem
 of  lead-based paint in housing, as well as in surrounding soil, affects
 urban, suburban and rural areas of the state.
   (j) The existing housing codes and enforcement  systems  in  most  New
 York  jurisdictions  do not include primary prevention measures for lead
 hazards and have proven ineffective in encouraging widespread lead-based
 paint hazard abatement, mitigation, and control. As a  result,  in  many
 cases  lead  hazards  are often not identified until a child is found to
 have high concentrations of lead in their blood.
   (k) The financial incentives currently in place have not proven suffi-
 cient to motivate landlords and other property owners to undertake wide-
 spread and effective lead-based paint hazard abatement, mitigation,  and
 control;  moreover  low and moderate income property owners may not have
 access to the  resources  to  eliminate  or  substantially  reduce  lead
 hazards.
   (l)  Insurance companies are reluctant to provide coverage to property
 owners in the absence of evidence that lead hazards have been  appropri-
 ately addressed.
 S. 8453                             3
 
   (m)  Knowledge of lead-based paint hazards, their control, mitigation,
 abatement, and risk avoidance is not sufficiently widespread, especially
 outside urban areas.
   2. The purposes of this act are:
   (a)  to  increase the supply of affordable rental housing in the state
 of New York in which measures have been taken to eliminate  or  substan-
 tially reduce the risk of childhood lead poisoning;
   (b)  to  ensure  that  New York's response to lead-based paint hazards
 focuses on primary prevention as the essential tool to combat  childhood
 lead  poisoning  -  meaning that lead hazards are eliminated or substan-
 tially reduced before a child has been poisoned, and  thus  to  substan-
 tially reduce, and eventually eliminate, the incidence of childhood lead
 poisoning in the state of New York;
   (c)  to  establish  lead  hazard control standards in the state of New
 York, and make their enforcement more certain and more effective;
   (d) to improve public awareness of the dangers  of  exposure  to  lead
 even  at  low  levels,  and  to educate both property owners and tenants
 about practices that can reduce the incidence of lead poisoning; and
   (e) to provide resources for property owners who commit  to  undertake
 specified lead hazard reduction measures;
   (f)  to  improve  the  responses  of the department of health in those
 situations where  children  are  identified  with  elevated  blood  lead
 levels; and
   (g)  to  better  coordinate across various departments and agencies to
 protect children from lead poisoning.
   § 3. The real property law is amended by adding a new  article  19  to
 read as follows:
                                ARTICLE 19
           CHILDHOOD LEAD POISONING PREVENTION AND SAFE HOUSING
 SECTION 500. DEFINITIONS.
         501. REQUIREMENTS FOR OWNERS OF AFFECTED PROPERTIES.
         502. INVESTIGATION  AND INSPECTION OF AFFECTED PROPERTIES BY THE
                DEPUTY COMMISSIONER.
         503. SAFE WORK PRACTICES FOR  ACTIVITIES  DISTURBING  LEAD-BASED
                PAINT  OR PAINT OF UNKNOWN LEAD CONTENT IN AFFECTED PROP-
                ERTIES.
         504. ACCREDITATION  OF  INSPECTORS  AND  CONTRACTORS  PERFORMING
                WORK.
         505. ENFORCEMENT.
         506. INJUNCTIVE RELIEF.
         507. RETALIATORY EVICTIONS PROHIBITED.
         508. LEAD POISONING PREVENTION FEE.
         509. DESIGNATION OF EXEMPT MUNICIPALITIES; MINIMUM STANDARDS FOR
                LEAD-BASED PAINT POISONING PREVENTION PROGRAMS.
         510. REPORTING.
   §  500. DEFINITIONS. 1. "ABATEMENT" MEANS ANY SET OF MEASURES DESIGNED
 TO PERMANENTLY ELIMINATE LEAD-BASED PAINT OR LEAD-BASED  PAINT  HAZARDS.
 ABATEMENT INCLUDES THE REMOVAL OF LEAD-BASED PAINT, THE PERMANENT ENCLO-
 SURE OR ENCAPSULATION OF LEAD-BASED PAINT, THE REPLACEMENT OF COMPONENTS
 OR  FIXTURES PAINTED WITH LEAD-BASED PAINT, AND THE REMOVAL OR PERMANENT
 COVERING OF SOIL-LEAD HAZARDS. WHEN ABATEMENT HAS OCCURRED,  A  PROPERTY
 IS DEEMED ABATED.
   2. "AFFECTED PROPERTY" MEANS A ROOM OR GROUP OF ROOMS WITHIN A PROPER-
 TY  CONSTRUCTED BEFORE NINETEEN HUNDRED SEVENTY-EIGHT THAT FORM A SINGLE
 INDEPENDENT HABITABLE DWELLING UNIT FOR OCCUPATION BY ONE OR MORE  INDI-
 VIDUALS THAT HAS LIVING FACILITIES WITH PERMANENT PROVISIONS FOR LIVING,
 S. 8453                             4
 
 SLEEPING,  EATING, COOKING, AND SANITATION. "AFFECTED PROPERTY" DOES NOT
 INCLUDE:
   (A)  A  UNIT  WITHIN  A HOTEL, MOTEL, OR SIMILAR SEASONAL OR TRANSIENT
 FACILITY UNLESS SUCH UNIT IS OCCUPIED BY ONE OR MORE PERSONS FOR A PERI-
 OD EXCEEDING THIRTY DAYS;
   (B) AN AREA WHICH IS SECURED AND INACCESSIBLE TO OCCUPANTS;
   (C) A UNIT WHICH IS NOT OFFERED FOR RENT OR NOT  INCIDENT  TO  EMPLOY-
 MENT;
   (D)  AN UNOCCUPIED DWELLING UNIT OR RESIDENTIAL PROPERTY THAT IS TO BE
 DEMOLISHED, PROVIDED THE DWELLING UNIT OR PROPERTY WILL  REMAIN  UNOCCU-
 PIED UNTIL DEMOLITION;
   (E) A DWELLING OR DWELLING UNIT WITHIN AN EXEMPT MUNICIPALITY; OR
   (F)  PROPERTY  OWNED OR OPERATED BY A UNIT OF FEDERAL, STATE, OR LOCAL
 GOVERNMENT, OR ANY PUBLIC, QUASI-PUBLIC, OR  MUNICIPAL  CORPORATION,  IF
 THE  PROPERTY  IS  SUBJECT  TO LEAD STANDARDS THAT ARE EQUAL TO, OR MORE
 STRINGENT THAN, THE REQUIREMENTS FOR LEAD-STABILIZED STATUS UNDER  PARA-
 GRAPH  C OF SUBDIVISION ONE OF SECTION FIVE HUNDRED ONE OF THIS ARTICLE,
 BUT DOES INCLUDE PRIVATELY-OWNED PROPERTIES  THAT  RECEIVE  GOVERNMENTAL
 RENTAL ASSISTANCE.
   3.  "AREA OF HIGH RISK" MEANS AN AREA DESIGNATED AS SUCH BY THE DEPUTY
 COMMISSIONER, PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS  ARTICLE,  IN
 CONJUNCTION WITH THE COMMISSIONER OF HEALTH PURSUANT TO SECTION THIRTEEN
 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   4. "CHANGE IN OCCUPANCY" MEANS A CHANGE OF TENANT IN AN AFFECTED PROP-
 ERTY  IN  WHICH THE PROPERTY IS VACATED AND POSSESSION IS EITHER SURREN-
 DERED TO THE OWNER OR ABANDONED.
   5. "CHEWABLE SURFACE" SHALL MEAN A PROTRUDING INTERIOR WINDOWSILL IN A
 DWELLING UNIT IN AN AFFECTED PROPERTY THAT IS READILY  ACCESSIBLE  TO  A
 CHILD UNDER AGE SEVEN. "CHEWABLE SURFACE" SHALL ALSO MEAN ANY OTHER TYPE
 OF INTERIOR EDGE OR PROTRUSION IN A DWELLING UNIT IN AN AFFECTED PROPER-
 TY, SUCH AS A RAIL OR STAIR.
   6.  "CONDITION  CONDUCIVE  TO  LEAD POISONING" MEANS: (A) A LEAD-BASED
 PAINT HAZARD; AND/OR (B) OTHER ENVIRONMENTAL CONDITIONS WHICH MAY RESULT
 IN SIGNIFICANT LEAD EXPOSURE, INCLUDING SOIL-LEAD HAZARDS.
   7. "CONTAINMENT" MEANS THE PHYSICAL MEASURES TAKEN TO ENSURE THAT DUST
 AND DEBRIS CREATED OR RELEASED DURING LEAD-BASED PAINT HAZARD  REDUCTION
 ARE  NOT  SPREAD,  BLOWN, OR TRACKED FROM INSIDE TO OUTSIDE OF THE WORK-
 SITE.
   8. "DEPUTY COMMISSIONER" MEANS SUCH PERSON AS HAS BEEN  DESIGNATED  BY
 THE  COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL TO ENFORCE THIS ARTI-
 CLE.
   9. "DETERIORATED PAINT" MEANS ANY INTERIOR OR EXTERIOR PAINT OR  OTHER
 COATING  THAT  IS  CURLING, SCALING, FLAKING, BLISTERING, PEELING, CHIP-
 PING, CHALKING, CRACKING, OR LOOSE IN ANY MANNER, SUCH THAT A  SPACE  OR
 POCKET  OF AIR IS BEHIND A PORTION THEREOF OR SUCH THAT THE PAINT IS NOT
 COMPLETELY ADHERED TO THE UNDERLYING SUBSURFACE, OR IS OTHERWISE DAMAGED
 OR SEPARATED FROM THE SUBSTRATE.
   10. "DETERIORATED SUBSURFACE" SHALL MEAN AN UNSTABLE OR UNSOUND PAINT-
 ED SUBSURFACE, AN INDICATION OF WHICH CAN BE OBSERVED THROUGH  A  VISUAL
 INSPECTION,  INCLUDING,  BUT  NOT LIMITED TO, ROTTED OR DECAYED WOOD, OR
 WOOD OR PLASTER THAT HAS BEEN SUBJECT TO MOISTURE OR DISTURBANCE.
   11. "DIVISION" MEANS THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   12. "DWELLING" MEANS A  BUILDING  OR  STRUCTURE  OR  PORTION  THEREOF,
 INCLUDING  THE  PROPERTY  OCCUPIED  BY AND APPURTENANT TO SUCH DWELLING,
 WHICH IS OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING
 PLACE OF ONE OR MORE HUMAN BEINGS AND SHALL, WITHOUT LIMITING THE  FORE-
 S. 8453                             5
 
 GOING,  INCLUDE  CHILD CARE FACILITIES FOR CHILDREN UNDER SEVEN YEARS OF
 AGE, KINDERGARTENS AND NURSERY SCHOOLS.
   13. "DWELLING UNIT" MEANS A:
   (A)  SINGLE-FAMILY  DWELLING,  INCLUDING  ATTACHED  STRUCTURES SUCH AS
 PORCHES AND STOOPS; OR
   (B) HOUSING UNIT IN A STRUCTURE THAT CONTAINS MORE THAN  ONE  SEPARATE
 HOUSING  UNIT,  AND  IN  WHICH  EACH  SUCH  UNIT IS USED OR OCCUPIED, OR
 INTENDED TO BE USED OR OCCUPIED, IN WHOLE OR IN PART,  AS  THE  HOME  OR
 SEPARATE LIVING QUARTERS OF ONE OR MORE PERSONS.
   14.  "ENCAPSULATION"  MEANS  THE  APPLICATION OF A COVERING OR COATING
 THAT ACTS AS A BARRIER BETWEEN THE LEAD-BASED PAINT AND THE  ENVIRONMENT
 AND  THAT  RELIES FOR ITS DURABILITY ON ADHESION BETWEEN THE ENCAPSULANT
 AND THE PAINTED SURFACE, AND ON THE  INTEGRITY  OF  THE  EXISTING  BONDS
 BETWEEN  PAINT LAYERS AND BETWEEN THE PAINT AND THE SUBSTRATE.  ENCAPSU-
 LATION MAY BE USED AS A METHOD  OF  ABATEMENT  IF  IT  IS  DESIGNED  AND
 PERFORMED SO AS TO BE PERMANENT.
   15. "EXEMPT MUNICIPALITY" MEANS THE CITIES OF NEW YORK, ROCHESTER, AND
 SYRACUSE, AND SUCH OTHER MUNICIPALITIES THAT THE COMMISSIONER OF HOUSING
 AND  COMMUNITY  RENEWAL  MAY  DESIGNATE PURSUANT TO SECTION FIVE HUNDRED
 NINE OF THIS ARTICLE.
   16. "EXTERIOR SURFACES" MEANS:
   (A) ALL FENCES AND PORCHES THAT ARE PART OF A DWELLING;
   (B) ALL OUTSIDE SURFACES OF A DWELLING THAT ARE ACCESSIBLE TO A  CHILD
 UNDER THE AGE OF SEVEN AND THAT:
   (1) ARE ATTACHED TO THE OUTSIDE OF SUCH DWELLING; OR
   (2)  CONSIST OF OTHER BUILDINGS THAT ARE APPURTENANT TO SUCH DWELLING,
 SUCH AS A GARAGE OR SHED; AND
   (C) ALL PAINTED  SURFACES  IN  STAIRWAYS,  HALLWAYS,  ENTRANCE  AREAS,
 RECREATION AREAS, LAUNDRY AREAS, AND GARAGES WITHIN A MULTIFAMILY DWELL-
 ING  THAT  ARE COMMON TO INDIVIDUAL DWELLING UNITS, ONE OR MORE OF WHICH
 CONSTITUTES AN AFFECTED PROPERTY.
   17. "FRICTION SURFACE" MEANS AN INTERIOR OR EXTERIOR  PAINTED  SURFACE
 THAT  TOUCHES  OR  IS IN CONTACT WITH ANOTHER SURFACE, SUCH THAT THE TWO
 SURFACES ARE CAPABLE OF RELATIVE MOTION AND ABRADE, SCRAPE, OR BIND WHEN
 IN RELATIVE MOTION. FRICTION SURFACES SHALL INCLUDE, BUT NOT BE  LIMITED
 TO, WINDOW FRAMES AND JAMBS, DOORS, AND HINGES.
   18.  "G"  MEANS GRAM, "MG" MEANS MILLIGRAM (THOUSANDTH OF A GRAM), AND
 "UG" MEANS MICROGRAM (MILLIONTH OF A GRAM).
   19. "HAZARD REDUCTION" MEANS MEASURES DESIGNED TO REDUCE OR  ELIMINATE
 HUMAN EXPOSURE TO LEAD-BASED PAINT HAZARDS.
   20.  "HIGH-EFFICIENCY  PARTICLE  AIR  VACUUM" OR "HEPA-VACUUM" MEANS A
 DEVICE CAPABLE OF FILTERING OUT PARTICLES OF 0.3 MICRONS OR GREATER FROM
 A BODY OF AIR AT AN  EFFICIENCY  OF  99.97%  OR  GREATER;  "HEPA-VACUUM"
 INCLUDES USE OF A HEPA-VACUUM.
   21.  "IMPACT  SURFACE"  MEANS  AN INTERIOR OR EXTERIOR PAINTED SURFACE
 THAT SHOWS EVIDENCE, SUCH AS MARKING, DENTING, OR CHIPPING, THAT  IT  IS
 SUBJECT  TO  DAMAGE  BY  REPEATED SUDDEN FORCE, SUCH AS CERTAIN PARTS OF
 DOOR FRAMES, MOLDINGS, OR BASEBOARDS.
   22. "INSPECTION" MEANS A COMPREHENSIVE SURVEY BY A PROPERLY ACCREDITED
 PERSON TO DETERMINE THE PRESENCE  OF  LEAD-BASED  PAINT  AND  LEAD-BASED
 PAINT  HAZARDS  AND  THE PROVISION OF A REPORT EXPLAINING THE RESULTS OF
 THE INSPECTION.
   23. "INTERIOR WINDOWSILL" MEANS A PORTION  OF  THE  HORIZONTAL  WINDOW
 LEDGE THAT IS PROTRUDING INTO THE INTERIOR OF A ROOM.
   24.  "INVESTIGATION" MEANS AN EXAMINATION CONDUCTED BY THE OWNER OF AN
 AFFECTED PROPERTY, THE OWNER'S AGENT OR EMPLOYEE, OR SOMEONE RETAINED BY
 S. 8453                             6

 THE OWNER, IN ACCORDANCE WITH THE REQUIREMENTS ESTABLISHED BY THE DEPUTY
 COMMISSIONER, TO DETERMINE WHETHER THE AFFECTED PROPERTY MEETS THE STAN-
 DARDS OF LEAD-STABILIZED STATUS AS DEFINED IN PARAGRAPH C OF SUBDIVISION
 ONE OF SECTION FIVE HUNDRED ONE OF THIS ARTICLE.
   25.  "LEAD-BASED  PAINT"  MEANS PAINT OR OTHER SIMILAR SURFACE COATING
 MATERIAL CONTAINING 0.5 MILLIGRAMS OF  LEAD  PER  SQUARE  CENTIMETER  OR
 GREATER,  AS  DETERMINED BY LABORATORY ANALYSIS, OR BY AN X-RAY FLUORES-
 CENCE ANALYZER. IF AN X-RAY  FLUORESCENCE  ANALYZER  IS  USED,  READINGS
 SHALL BE CORRECTED FOR SUBSTRATE BIAS WHEN NECESSARY AS SPECIFIED BY THE
 PERFORMANCE CHARACTERISTIC SHEETS RELEASED BY THE UNITED STATES ENVIRON-
 MENTAL PROTECTION AGENCY (EPA) AND THE UNITED STATES DEPARTMENT OF HOUS-
 ING  AND  URBAN  DEVELOPMENT  (HUD)  FOR THE SPECIFIC X-RAY FLUORESCENCE
 ANALYZER USED. X-RAY FLUORESCENCE READINGS SHALL BE CLASSIFIED AS  POSI-
 TIVE, NEGATIVE OR INCONCLUSIVE IN ACCORDANCE WITH THE HUD GUIDELINES FOR
 THE  EVALUATION AND CONTROL OF LEAD-BASED PAINT HAZARDS IN HOUSING (JUNE
 1995, REVISED 1997 AND 2012) AND THE PERFORMANCE  CHARACTERISTIC  SHEETS
 RELEASED BY THE EPA AND HUD FOR THE SPECIFIC X-RAY FLUORESCENCE ANALYZER
 USED.  X-RAY  FLUORESCENCE  READINGS  THAT  FALL WITHIN THE INCONCLUSIVE
 ZONE, AS DETERMINED BY THE PERFORMANCE CHARACTERISTIC SHEETS,  SHALL  BE
 CONFIRMED  BY  LABORATORY  ANALYSIS  OF  PAINT  CHIPS,  RESULTS SHALL BE
 REPORTED IN MILLIGRAMS OF LEAD PER SQUARE CENTIMETER AND THE MEASURE  OF
 SUCH  LABORATORY ANALYSIS SHALL BE DEFINITIVE. IF LABORATORY ANALYSIS IS
 USED TO DETERMINE LEAD CONTENT, RESULTS SHALL BE REPORTED IN  MILLIGRAMS
 OF  LEAD  PER  SQUARE CENTIMETER. WHERE THE SURFACE AREA OF A PAINT CHIP
 SAMPLE CANNOT BE ACCURATELY MEASURED OR IF AN ACCURATELY MEASURED  PAINT
 CHIP  SAMPLE CANNOT BE REMOVED, A LABORATORY ANALYSIS MAY BE REPORTED IN
 PERCENT BY WEIGHT.  IN SUCH CASE, LEAD-BASED PAINT SHALL MEAN ANY  PAINT
 OR  OTHER SIMILAR SURFACE-COATING MATERIAL CONTAINING MORE THAN 0.25% OF
 METALLIC LEAD, BASED ON THE NON-VOLATILE CONTENT OF THE PAINT  OR  OTHER
 SIMILAR  SURFACE-COATING MATERIAL EXCEPT THAT, IF THE EPA OR A SUCCESSOR
 AGENCY, OR THE HUD OR A SUCCESSOR AGENCY, ADOPTS  MORE  STRINGENT  DEFI-
 NITIONS  OF LEAD-BASED PAINT, SUCH MORE STRINGENT LEVELS SHALL APPLY FOR
 THE PURPOSES OF THIS ARTICLE AND THE DIVISION  SHALL  UPDATE  ITS  REGU-
 LATIONS  SO  THEY  ARE AT LEAST AS STRINGENT AS THE FEDERAL LEVELS. IN A
 RESIDENTIAL DWELLING CONSTRUCTED BEFORE 1970, IT SHALL BE PRESUMED  THAT
 PAINT  OR OTHER SIMILAR SURFACE COATING MATERIAL CONTAINS 0.5 MILLIGRAMS
 OF LEAD PER SQUARE CENTIMETER OR GREATER UNLESS IT HAS  BEEN  TESTED  IN
 THE  MANNER SPECIFIED IN THIS SECTION BY PERSONNEL QUALIFIED PURSUANT TO
 SUBDIVISION TWO OF SECTION FIVE HUNDRED FOUR OF THIS ARTICLE.
   26. "LEAD-BASED PAINT HAZARD" MEANS ANY CONDITION IN, OR PROXIMATE TO,
 A DWELLING OR DWELLING UNIT THAT MAY RESULT IN  EXPOSURE  TO  LEAD  THAT
 COULD  RESULT  IN ADVERSE HUMAN HEALTH EFFECTS FROM ANY OF THE FOLLOWING
 CONDITIONS: LEAD-CONTAMINATED DUST; LEAD-BASED  PAINT  THAT  IS  DETERI-
 ORATED;  LEAD-BASED  PAINT THAT IS PRESENT ON CHEWABLE SURFACES, DETERI-
 ORATED SUBSURFACES, FRICTION SURFACES, OR IMPACT SURFACES; OR  SOIL-LEAD
 HAZARDS.
   27.  "LEAD-CONTAINED"  MEANS PROPERTY THAT HAS ATTAINED LEAD-CONTAINED
 PROPERTY STATUS WITHIN THE MEANING OF PARAGRAPH D OF SUBDIVISION ONE  OF
 SECTION FIVE HUNDRED ONE OF THIS ARTICLE.
   28.  "LEAD-CONTAMINATED  DUST" MEANS SURFACE DUST THAT CONTAINS A MASS
 PER AREA CONCENTRATION OF LEAD EQUAL TO OR EXCEEDING  5  MICROGRAMS  PER
 SQUARE  FOOT  ("UG/FT2") ON FLOORS, OR 40 UG/FT2 ON INTERIOR WINDOWSILLS
 BASED ON WIPE SAMPLE, OR 100 UG/FT2 ON WINDOW WELLS,  OR  40  UG/FT2  ON
 PORCH  FLOORS, OR SUCH MORE STRINGENT STANDARDS AS MAY BE ADOPTED BY THE
 DIVISION OF HOUSING AND COMMUNITY RENEWAL, EXCEPT THAT,  IF  THE  UNITED
 STATES  ENVIRONMENTAL  PROTECTION  AGENCY  OR A SUCCESSOR AGENCY, OR THE
 S. 8453                             7
 
 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OR A SUCCESSOR
 AGENCY, ADOPTS MORE STRINGENT  DEFINITIONS  OF  LEAD-CONTAMINATED  DUST,
 SUCH MORE STRINGENT LEVELS SHALL APPLY FOR THE PURPOSES OF THIS ARTICLE,
 AND  THE  DIVISION  SHALL UPDATE ITS REGULATIONS SO THEY ARE AT LEAST AS
 STRINGENT AS THE FEDERAL LEVELS.
   29. "LEAD-FREE" MEANS PROPERTY THAT HAS  ATTAINED  LEAD-FREE  PROPERTY
 STATUS  WITHIN  THE MEANING OF PARAGRAPH E OF SUBDIVISION ONE OF SECTION
 FIVE HUNDRED ONE OF THIS ARTICLE.
   30. "LEAD-STABILIZED" MEANS PROPERTY THAT HAS ATTAINED LEAD-STABILIZED
 PROPERTY STATUS WITHIN THE MEANING OF PARAGRAPH C OF SUBDIVISION ONE  OF
 SECTION FIVE HUNDRED ONE OF THIS ARTICLE.
   31.  "LOCAL  DESIGNEE"  MEANS  A  MUNICIPAL, COUNTY, OR OTHER OFFICIAL
 DESIGNATED BY THE DEPUTY COMMISSIONER AS RESPONSIBLE FOR  ASSISTING  THE
 DESIGNATING  AUTHORITY, RELEVANT STATE AGENCIES, AND RELEVANT COUNTY AND
 MUNICIPAL AUTHORITIES, IN IMPLEMENTING THE ACTIVITIES SPECIFIED BY  THIS
 ARTICLE FOR THE LOCALITIES.
   32.  "OCCUPANT" MEANS ANY INDIVIDUAL LIVING OR SLEEPING IN A BUILDING,
 OR HAVING POSSESSION OF A SPACE WITHIN A BUILDING.
   33. "OWNER" MEANS A PERSON, FIRM, CORPORATION, NONPROFIT ORGANIZATION,
 PARTNERSHIP, GOVERNMENT, GUARDIAN, CONSERVATOR, RECEIVER, TRUSTEE, EXEC-
 UTOR, OR OTHER JUDICIAL OFFICER, OR OTHER ENTITY WHICH,  ALONE  OR  WITH
 OTHERS, OWNS, HOLDS, OR CONTROLS THE FREEHOLD OR LEASEHOLD TITLE OR PART
 OF  THE  TITLE TO PROPERTY, WITH OR WITHOUT ACTUALLY POSSESSING IT. SUCH
 TERM INCLUDES A VENDEE WHO POSSESSES THE TITLE, BUT DOES NOT  INCLUDE  A
 MORTGAGEE  OR  AN  OWNER  OF A REVERSIONARY INTEREST UNDER A GROUND RENT
 LEASE. "OWNER" INCLUDES ANY AUTHORIZED AGENT OF THE OWNER,  INCLUDING  A
 PROPERTY MANAGER OR LEASING AGENT.
   34.  "PERMANENT"  MEANS  AN  EXPECTED  DESIGN  LIFE OF AT LEAST TWENTY
 YEARS.
   35. "PERSON" MEANS ANY NATURAL PERSON.
   36. "RELOCATION EXPENSES" MEANS ALL EXPENSES NECESSITATED BY THE RELO-
 CATION OF A TENANT'S HOUSEHOLD TO HOUSING FREE OF LEAD HAZARDS,  INCLUD-
 ING, BUT NOT LIMITED TO, MOVING AND HAULING EXPENSES, THE HEPA-VACUUMING
 OF  ALL UPHOLSTERED FURNITURE, LAUNDERING OF CLOTHES AND LINENS, PAYMENT
 OF A SECURITY DEPOSIT FOR THE RELOCATION HOUSING, AND  INSTALLATION  AND
 CONNECTION OF UTILITIES AND APPLIANCES.
   37.  "RENT-TO-OWN  CONTRACT" SHALL MEAN ANY AGREEMENT BETWEEN AN OWNER
 OF REAL PROPERTY AND A TENANT WHICH PROVIDES THAT AFTER A SPECIFIED TERM
 THE TENANT WILL TAKE OWNERSHIP OF THE RENTED HOME.
   38. "RESIDES" SHALL MEAN TO ROUTINELY SPEND TEN OR MORE HOURS PER WEEK
 WITHIN A DWELLING UNIT.
   39. "SOIL-LEAD HAZARD" MEANS SOIL IN A PLAY AREA WHERE  THE  SOIL-LEAD
 CONCENTRATION FROM A COMPOSITE PLAY AREA SAMPLE OF BARE SOIL IS EQUAL TO
 OR  GREATER  THAN 400 PARTS PER MILLION; OR IN THE REST OF THE YARD WHEN
 THE ARITHMETIC MEAN LEAD  CONCENTRATION  FROM  A  COMPOSITE  SAMPLE  (OR
 ARITHMETIC  MEAN OF COMPOSITE SAMPLES) OF BARE SOIL FROM THE REST OF THE
 YARD (I.E., NON-PLAY AREAS) IS EQUAL TO OR GREATER THAN 1,200 PARTS  PER
 MILLION EXCEPT THAT, IF THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
 CY OR A SUCCESSOR AGENCY, OR THE UNITED STATES DEPARTMENT OF HOUSING AND
 URBAN  DEVELOPMENT  OR  A  SUCCESSOR AGENCY, ADOPTS MORE STRINGENT DEFI-
 NITIONS OF SOIL-LEAD HAZARD, SUCH MORE STRINGENT LEVELS SHALL APPLY  FOR
 THE  PURPOSES  OF  THIS ARTICLE, AND THE DIVISION SHALL UPDATE ITS REGU-
 LATIONS SO THEY ARE AT LEAST AS STRINGENT AS THE FEDERAL LEVELS.
   40. "TENANT" MEANS THE INDIVIDUAL NAMED AS  THE  LESSEE  IN  A  LEASE,
 RENTAL  AGREEMENT,  RENT-TO-OWN  CONTRACT,  OR  OTHER  FORM OF OCCUPANCY
 AGREEMENT, WHETHER WRITTEN OR ORAL, FOR A DWELLING  UNIT,  AND  INCLUDES
 S. 8453                             8
 
 TENANCIES  INCIDENT  TO  EMPLOYMENT. WHERE APPLICABLE, THE TERM "TENANT"
 SHALL ALSO INCLUDE ANY OCCUPANT OF THE TENANT'S HOUSEHOLD.
   41. "WIPE SAMPLE" MEANS A SAMPLE COLLECTED BY AN APPROPRIATELY ACCRED-
 ITED PERSON WIPING A REPRESENTATIVE SURFACE OF KNOWN AREA, AS DETERMINED
 BY  AMERICAN SOCIETY FOR TESTING MATERIALS (ASTM) E1728 ("STANDARD PRAC-
 TICE FOR THE FIELD COLLECTION OF SETTLED DUST SAMPLES USING WIPE  SAMPL-
 ING  METHODS FOR LEAD DETERMINATION BY ATOMIC SPECTROMETRY TECHNIQUES"),
 WITH LEAD DETERMINATION CONDUCTED BY AN  ACCREDITED  LABORATORY  PARTIC-
 IPATING  IN  THE  ENVIRONMENTAL  LEAD  LABORATORY  ACCREDITATION PROGRAM
 (NLAP).
   § 501. REQUIREMENTS FOR OWNERS OF  AFFECTED  PROPERTIES.  1.  DUTY  TO
 MAINTAIN AFFECTED PROPERTIES. (A) ALL AFFECTED PROPERTIES SHALL BE MAIN-
 TAINED FREE OF CONDITIONS CONDUCIVE TO LEAD PAINT POISONING.
   (B) WITHIN TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, ALL
 AFFECTED  PROPERTIES SHALL BE MAINTAINED AS "LEAD-STABILIZED" AS DEFINED
 BY PARAGRAPH (C) OF THIS SUBDIVISION OR "LEAD-CONTAINED" AS  DEFINED  BY
 PARAGRAPH  (D)  OF  THIS  SUBDIVISION, OR "LEAD-FREE" AS PROVIDED FOR IN
 PARAGRAPH (E) OF THIS SUBDIVISION.
   (C) AN AFFECTED PROPERTY WILL BE CONSIDERED  TO  BE  "LEAD-STABILIZED"
 WHEN:
   (I)  ALL  EXTERIOR  AND  INTERIOR  PAINTED SURFACES HAVE BEEN VISUALLY
 REVIEWED; AND ALL CHIPPING, PEELING,  OR  FLAKING  LEAD-BASED  PAINT  OR
 PAINT  OF UNKNOWN LEAD CONTENT ON EXTERIOR AND INTERIOR PAINTED SURFACES
 HAS BEEN REMOVED AND REPAINTED, OR STABILIZED  AND  REPAINTED,  AND  ANY
 STRUCTURAL DEFECT THAT IS CAUSING OR LIKELY TO CAUSE LEAD-BASED PAINT OR
 PAINT  OF UNKNOWN LEAD CONTENT TO CHIP, PEEL, OR FLAKE THAT THE OWNER OF
 THE AFFECTED PROPERTY HAS KNOWLEDGE OF, OR WITH THE EXERCISE OF  REASON-
 ABLE CARE SHOULD HAVE KNOWLEDGE OF, HAS BEEN REPAIRED;
   (II)  ALL  WINDOW  FRICTION SURFACES WITH LEAD-BASED PAINT OR PAINT OF
 UNKNOWN LEAD CONTENT HAVE HAD SUCH PAINT REMOVED OR PERMANENTLY COVERED,
 SUCH AS VIA THE INSTALLATION OF REPLACEMENT WINDOW CHANNELS  OR  SLIDES,
 AND  INTERIOR  WINDOW  TROUGHS AND WINDOWSILLS HAVE BEEN EITHER STRIPPED
 AND REPAINTED, REPLACED, OR ENCAPSULATED WITH VINYL, METAL, OR ANY OTHER
 DURABLE MATERIALS WHICH RENDER THE SURFACE SMOOTH AND CLEANABLE;
   (III) ALL DOORS AND DOORWAYS HAVE BEEN ADJUSTED OR RE-HUNG  AS  NECES-
 SARY  TO  PREVENT  THE  RUBBING  TOGETHER OF ANY SURFACE WITH LEAD-BASED
 PAINT OR PAINT OF UNKNOWN LEAD CONTENT WITH ANOTHER SURFACE;
   (IV) ALL BARE FLOORS HAVE BEEN MADE SMOOTH AND CLEANABLE;
   (V) ALL WORK HAS BEEN COMPLETED IN COMPLIANCE WITH THE SAFE WORK PRAC-
 TICE REGULATIONS PROMULGATED PURSUANT TO SECTION FIVE HUNDRED  THREE  OF
 THIS ARTICLE; AND
   (VI) AT THE COMPLETION OF ANY ACTIVITIES DESCRIBED IN THIS SUBDIVISION
 THAT DISTURB LEAD-BASED PAINT OR PAINT OF UNKNOWN LEAD CONTENT:
   (A)  THE  INTERIOR OF THE AFFECTED PROPERTY HAS BEEN HEPA VACUUMED AND
 WASHED WITH HIGH PHOSPHATE DETERGENT OR ITS EQUIVALENT; AND
   (B) CLEARANCE FOR LEAD-CONTAMINATED DUST HAS BEEN ACHIEVED  AS  DETER-
 MINED  BY  WIPE  SAMPLES  IN ALL AREAS ACCESSIBLE TO OCCUPANTS, TAKEN BY
 PROPERLY ACCREDITED INDEPENDENT PERSONNEL AFTER COMPLETION OF ALL ACTIV-
 ITIES UNDERTAKEN PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (D) AN AFFECTED PROPERTY WILL BE  CONSIDERED  TO  BE  "LEAD-CONTAINED"
 WHEN  A  CERTIFIED  INSPECTOR,  ACCREDITED PURSUANT TO THE PROVISIONS OF
 SECTION FIVE HUNDRED FOUR OF THIS ARTICLE, INSPECTS THE AFFECTED PROPER-
 TY AND CERTIFIES THAT THE AFFECTED PROPERTY  HAS  BEEN  TESTED  FOR  THE
 PRESENCE  OF  LEAD-BASED  PAINT AND LEAD-CONTAMINATED DUST IN ACCORDANCE
 WITH THE STANDARDS AND PROCEDURES ESTABLISHED BY REGULATIONS PROMULGATED
 BY THE COMMISSIONER AND STATES UNDER PENALTIES OF PERJURY THAT:
 S. 8453                             9
 
   (I) ALL INTERIOR SURFACES IN  THE  AFFECTED  PROPERTY  EITHER  DO  NOT
 CONTAIN LEAD-BASED PAINT OR HAVE BEEN PERMANENTLY ABATED;
   (II)(A)  ALL  EXTERIOR  PAINTED SURFACES OF THE AFFECTED PROPERTY THAT
 WERE CHIPPING, PEELING, OR FLAKING  HAVE  BEEN  RESTORED  WITH  NON-LEAD
 BASED  PAINT  AND  NO EXTERIOR PAINTED SURFACES OF THE AFFECTED PROPERTY
 ARE CHIPPING, PEELING, OR FLAKING; OR
   (B) ALL EXTERIOR PAINTED SURFACES OF THE AFFECTED PROPERTY  HAVE  BEEN
 COVERED  WITH VINYL SIDING OR SIMILAR SIDING AND SEALED IN A MANNER THAT
 PREVENTS EXPOSURE TO CHIPPING, PEELING, OR FLAKING PAINT; AND
   (III) CLEARANCE FOR LEAD DUST HAZARDS HAS BEEN ACHIEVED AS  DETERMINED
 BY  WIPE SAMPLES IN ALL AREAS ACCESSIBLE TO OCCUPANTS, TAKEN BY PROPERLY
 ACCREDITED INDEPENDENT PERSONNEL.
   (E) AN AFFECTED PROPERTY WILL BE CONSIDERED TO BE "LEAD-FREE"  WHEN  A
 CERTIFIED  INSPECTOR,  ACCREDITED  PURSUANT TO THE PROVISIONS OF SECTION
 FIVE HUNDRED FOUR OF THIS ARTICLE, INSPECTS THE  AFFECTED  PROPERTY  AND
 CERTIFIES THAT THE AFFECTED PROPERTY HAS BEEN TESTED FOR THE PRESENCE OF
 LEAD-BASED PAINT AND LEAD-CONTAMINATED DUST IN ACCORDANCE WITH THE STAN-
 DARDS  AND  PROCEDURES  ESTABLISHED  BY  REGULATIONS  PROMULGATED BY THE
 COMMISSIONER AND STATES UNDER PENALTIES OF  PERJURY  THAT  THERE  IS  NO
 LEAD-BASED  PAINT  OR  LEAD-CONTAMINATED  DUST  PRESENT  ON THE INTERIOR
 SURFACES OF THE DWELLING UNIT,  NO  LEAD-BASED  PAINT  ON  THE  INTERIOR
 SURFACES  OF  THE  COMMON AREAS OF THE PROPERTY, AND NO LEAD-BASED PAINT
 PRESENT ON ANY OF THE EXTERIOR SURFACES OF THE PROPERTY.
   2. DUTY TO INSPECT AFFECTED PROPERTIES. (A) UNLESS AN AFFECTED PROPER-
 TY HAS BEEN DETERMINED TO BE "LEAD-CONTAINED" OR "LEAD-FREE" AS  DEFINED
 IN  SUBDIVISION ONE OF THIS SECTION, THE OWNER OF SUCH AFFECTED PROPERTY
 SHALL CAUSE AN INVESTIGATION TO BE MADE AS PROVIDED IN PARAGRAPH (B)  OF
 THIS  SUBDIVISION,  EITHER  DIRECTLY  BY THE OWNER, THE OWNER'S AGENT OR
 EMPLOYEE, OR BY ANY OTHER PERSON AUTHORIZED BY THE DEPUTY  COMMISSIONER,
 TO  DETERMINE  WHETHER SUCH PROPERTY COMPLIES, AT A MINIMUM, WITH "LEAD-
 STABILIZED" PROPERTY STATUS.   ALTERNATIVELY, THE  OWNER  MAY  CAUSE  AN
 INSPECTION  TO  BE  MADE  BY  A  PERSON  TRAINED AND ACCREDITED FOR SUCH
 INSPECTIONS AS DESCRIBED IN SECTION FIVE HUNDRED FOUR  OF  THIS  ARTICLE
 FOR  THE  PURPOSE  OF DETERMINING WHETHER THE AFFECTED PROPERTY COMPLIES
 WITH EITHER "LEAD-FREE" PROPERTY  STATUS  OR  "LEAD-CONTAINED"  PROPERTY
 STATUS.
   (B)  THE  INVESTIGATION  TO ASCERTAIN WHETHER A PROPERTY COMPLIES WITH
 "LEAD-STABILIZED" PROPERTY STATUS SHALL OCCUR AT LEAST ONCE A  YEAR  AND
 MORE  OFTEN  IF  NECESSARY,  SUCH AS WHEN, IN THE EXERCISE OF REASONABLE
 CARE, AN OWNER KNOWS OR SHOULD KNOW OF A CONDITION  THAT  IS  REASONABLY
 FORESEEABLE  TO  BE  CONDUCIVE  TO  LEAD  POISONING, OR WHEN AN OCCUPANT
 SPECIFICALLY REQUESTS THAT AN INSPECTION OR INVESTIGATION BE MADE  BASED
 UPON  HIS OR HER REASONABLE BELIEF THAT SUCH A CONDITION EXISTS, OR WHEN
 AN OCCUPANT MAKES A COMPLAINT TO THE OWNER CONCERNING A  CONDITION  THAT
 THE OWNER KNOWS OR SHOULD KNOW IS REASONABLY FORESEEABLE TO BE CONDUCIVE
 TO LEAD POISONING.
   (C)  IN  ADDITION  TO ANY INVESTIGATIONS OR INSPECTIONS REQUIRED UNDER
 PARAGRAPH (B) OF THIS SUBDIVISION, THE OWNER SHALL CAUSE SUCH AN  INVES-
 TIGATION  OR  INSPECTION  TO BE MADE WITHIN THE THIRTY DAYS PRIOR TO THE
 LEASING, RENTAL, OR OTHER TURNOVER OF AN AFFECTED  PROPERTY,  AND  SHALL
 REPORT  THE  FINDINGS OF THAT INVESTIGATION OR INSPECTION TO PROSPECTIVE
 TENANTS IN ACCORDANCE WITH SECTION 42 U.S.C. 4852D, 24  C.F.R.  PART  35
 SUBPART  A AND 40 C.F.R. PART 40 SUBPART F OR SUCH SUCCESSOR REGULATIONS
 AND THIS ARTICLE.
   3. DUTY TO MAINTAIN AND PROVIDE RECORDS OF COMPLIANCE, AND  NOTICE  TO
 OCCUPANTS OF AFFECTED PROPERTIES.
 S. 8453                            10
 
   (A)  BEGINNING TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION,
 OWNERS OF AFFECTED PROPERTIES SHALL SUBMIT TO THE DEPUTY COMMISSIONER OR
 THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE JURISDICTION  IN  WHICH  SUCH
 PROPERTY  IS LOCATED A CERTIFICATION OF COMPLIANCE WITH PARAGRAPH (B) OF
 SUBDIVISION  ONE  OF  THIS SECTION, IN THE MANNER DIRECTED BY THE DEPUTY
 COMMISSIONER. SAID CERTIFICATIONS SHALL INCLUDE THE RESULTS OF ANY  LEAD
 DUST WIPE TESTS, ANY TESTS FOR THE PRESENCE OF LEAD-BASED PAINT, AND ANY
 INSPECTIONS   CONDUCTED   BY   INSPECTORS  ACCREDITED  PURSUANT  TO  THE
 PROVISIONS  OF  SECTION  FIVE  HUNDRED  NINETY-EIGHT  OF  THIS  ARTICLE.
 CERTIFICATIONS  OF  AFFECTED  PROPERTIES AS "LEAD STABILIZED" WITHIN THE
 MEANING OF PARAGRAPH (C) OF SUBDIVISION ONE OF  THIS  SECTION  SHALL  BE
 SUBMITTED  EVERY  THREE  YEARS. CERTIFICATIONS OF AFFECTED PROPERTIES AS
 "LEAD CONTAINED" WITHIN THE MEANING OF PARAGRAPH (D) OF SUBDIVISION  ONE
 OF THIS SECTION SHALL BE SUBMITTED EVERY TEN YEARS, UNLESS CLAUSE (B) OF
 SUBPARAGRAPH   (I)  OF  PARAGRAPH  (D)  OF  SUCH  SUBDIVISION  HAS  BEEN
 COMPLETED, IN WHICH CASE SUCH CERTIFICATION  SHALL  BE  SUBMITTED  EVERY
 TWENTY YEARS.
   (B)  WHEN  AN OWNER OF AN AFFECTED PROPERTY SUBMITS A CERTIFICATION TO
 THE DIVISION PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION,  THE  OWNER
 SHALL  ALSO  PROVIDE  A COPY OF THE CERTIFICATION AND ANY DUST WIPE TEST
 RESULTS TO THE TENANTS WITHIN ONE  MONTH  THEREAFTER  OF  PROVIDING  THE
 CERTIFICATION  TO  THE DEPARTMENT OR, FOR DWELLING UNITS THAT ARE VACANT
 AT THE TIME OF SUCH CERTIFICATION, AT THE TIME TENANTS TAKE OCCUPANCY.
   (C) THE DIVISION SHALL MAINTAIN A SEARCHABLE PUBLIC  DATABASE  OF  ALL
 CERTIFICATIONS FILED PURSUANT TO THIS SUBDIVISION.
   (D) THE OWNER OF AN AFFECTED PROPERTY SHALL MAKE AND MAINTAIN A RECORD
 OF  ALL INVESTIGATIONS OR INSPECTIONS CONDUCTED UNDER SUBDIVISION TWO OF
 THIS SECTION IN A FORM PRESCRIBED BY THE DEPUTY COMMISSIONER. THE  OWNER
 SHALL  MAINTAIN  SUCH  RECORD,  IN ELECTRONIC OR HARD-COPY FORMAT, FOR A
 PERIOD OF TEN YEARS. COPIES OF SUCH RECORD SHALL BE MADE AVAILABLE  UPON
 REQUEST  TO  THE DEPUTY COMMISSIONER, HIS OR HER LOCAL DESIGNEE, TENANTS
 AND OCCUPANTS OF THE AFFECTED PROPERTY, AND ANY PROSPECTIVE  TENANTS  OR
 OCCUPANTS OF THE AFFECTED PROPERTY.
   (E)  THE  OWNER  SHALL  CAUSE A SUMMARY OF INSPECTIONS CONDUCTED UNDER
 SUBDIVISION TWO OF THIS SECTION, IN A  FORM  PRESCRIBED  BY  THE  DEPUTY
 COMMISSIONER,  TO BE CONSPICUOUSLY POSTED IN A COMMON AREA OF THE DWELL-
 ING IN OR ADJACENT TO MAIN ENTRANCES. IN CASES WHERE IT IS NOT  FEASIBLE
 TO  POST SUCH REPORTS IN A COMMON AREA, THE OWNER OR AGENT SHALL DELIVER
 INDIVIDUAL COPIES OF SUCH SUMMARY TO EACH AFFECTED  UNIT.  SAID  SUMMARY
 SHALL  INDICATE THAT THE FULL REPORT OF SUCH INVESTIGATION OR INSPECTION
 IS AVAILABLE TO TENANTS UPON REQUEST.
   (F) ALL LEASES OFFERED TO TENANTS OR PROSPECTIVE TENANTS  IN  AFFECTED
 PROPERTIES  SHALL  CONTAIN  A  NOTICE,  CONSPICUOUSLY SET FORTH THEREIN,
 WHICH ADVISES TENANTS OF THE OBLIGATIONS OF THE OWNER AS  SET  FORTH  IN
 THIS  SECTION.  SUCH  NOTICE SHALL BE IN A MANNER APPROVED BY THE DEPUTY
 COMMISSIONER, THE CONTENT OF WHICH SHALL, AT A MINIMUM,  BE  IN  ENGLISH
 AND SPANISH.
   (G)  UNLESS  AN  AFFECTED  PROPERTY HAS BEEN CERTIFIED AS BEING "LEAD-
 FREE," AS PROVIDED IN PARAGRAPH (E) OF SUBDIVISION ONE OF THIS  SECTION,
 ANY  WRITTEN  OR  PRINTED  LEASE FOR THE LEASE OR RENTING OF AN AFFECTED
 PROPERTY FOR A TERM BEGINNING AT A DATE MORE THAN ONE YEAR FOLLOWING THE
 EFFECTIVE DATE OF THIS ARTICLE SHALL INCLUDE THE  FOLLOWING  PROVISIONS,
 IN  BOTH  ENGLISH AND SPANISH, IN PROMINENTLY DISPLAYED AND EASILY READ-
 ABLE TYPE OR PRINTING: "THIS PROPERTY,  CONSTRUCTED  BEFORE  JANUARY  1,
 1970, MAY CONTAIN LEAD-BASED PAINT. LEAD-BASED PAINT, IF IT IS NOT PROP-
 ERLY  REMOVED  OR  MAINTAINED,  MAY  CAUSE BRAIN DAMAGE OR OTHER SERIOUS
 S. 8453                            11
 
 HEALTH IMPACTS IN CHILDREN LESS THAN SEVEN YEARS OF AGE AND FETAL INJURY
 IN PREGNANT WOMEN. NEW YORK STATE LAW REQUIRES THE  LANDLORD  TO  COMPLY
 WITH  MAINTENANCE  STANDARDS  TO  AVOID LEAD-BASED PAINT HAZARDS.   THIS
 PROPERTY (OWNER OR AGENT TO CHECK APPROPRIATE BOX):
   HAS  BEEN  INSPECTED  BY  AN INDEPENDENT INSPECTOR CERTIFIED UNDER NEW
 YORK STATE LAW WITHIN THE PAST SIXTY DAYS AND FOUND NOT TO CONTAIN LEAD-
 BASED PAINT HAZARDS.
   HAS BEEN INVESTIGATED BY THE OWNER, MANAGER, OR HIS/HER  AGENT  WITHIN
 THE  PAST  THIRTY DAYS AND OBSERVABLE LEAD-BASED PAINT HAZARDS HAVE BEEN
 STABILIZED.
   HAS NOT BEEN INSPECTED FOR LEAD-BASED PAINT HAZARDS. THIS PROPERTY MAY
 CONTAIN LEAD-BASED PAINT HAZARDS DANGEROUS TO A CHILD  LESS  THAN  SEVEN
 YEARS OF AGE."
   (H)  AT THE TIME OF THE LEASE OR RENTING OF AN AFFECTED PROPERTY WITH-
 OUT A WRITTEN OR PRINTED LEASE AT A DATE MORE THAN  ONE  YEAR  FOLLOWING
 THE EFFECTIVE DATE OF THIS SECTION, THE FRONT ENTRANCEWAY OR DOOR OF THE
 AFFECTED  PROPERTY  SHALL  BE POSTED WITH A SIGN CONTAINING THE LANGUAGE
 QUOTED IN PARAGRAPH (F) OF THIS SUBDIVISION AND,  IF  APPLICABLE,  PARA-
 GRAPH  (G)  OF THIS SUBDIVISION, IN BOTH ENGLISH AND SPANISH, AND PROMI-
 NENTLY DISPLAYED AND IN EASILY READABLE TYPE OR PRINTING.
   § 502. INVESTIGATION AND INSPECTION  OF  AFFECTED  PROPERTIES  BY  THE
 DEPUTY COMMISSIONER. 1. (A) BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE
 OF  THIS SECTION, THE DEPUTY COMMISSIONER OR HIS OR HER DESIGNEE FOR THE
 JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED SHALL ORDER AN INSPECTION
 OF AN AFFECTED PROPERTY BY  AN  INSPECTOR  ACCREDITED  PURSUANT  TO  THE
 PROVISIONS  OF SECTION FIVE HUNDRED FOUR OF THIS ARTICLE, AT THE EXPENSE
 OF THE OWNER OF THE AFFECTED PROPERTY, WHENEVER THE  DEPUTY  COMMISSION-
 ER'S  DESIGNEE  FOR  THE  JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED
 RECEIVES NOTIFICATION THAT THE AFFECTED  PROPERTY  DOES  NOT  REASONABLY
 APPEAR TO COMPLY WITH EITHER THE LEAD-FREE, LEAD-CONTAINED, OR LEAD-STA-
 BILIZED PROPERTY STATUS.
   (B)  ANY  STATE OR LOCAL AGENCY EMPLOYEES WHO HAVE OCCASION TO OBSERVE
 DETERIORATED PAINT OR ANY OTHER CONDITION BELIEVED TO  BE  CONDUCIVE  TO
 LEAD  POISONING  AT  AN  AFFECTED PROPERTY ARE AUTHORIZED TO REPORT, AND
 SHALL REPORT, SUCH CONDITIONS TO THE DEPUTY COMMISSIONER'S DESIGNEE, AND
 IN SUCH INSTANCE, THE DEPUTY COMMISSIONER'S DESIGNEE  SHALL  REQUIRE  AN
 INSPECTION TO BE MADE OF THE AFFECTED PROPERTY.
   (C)  BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
 DEPUTY COMMISSIONER SHALL  ESTABLISH  A  CENTRAL  COMPLAINT  SYSTEM  FOR
 TENANTS IN AFFECTED PROPERTIES TO REPORT DETERIORATED PAINT OR ANY OTHER
 CONDITION  BELIEVED  TO  BE  CONDUCIVE  TO LEAD POISONING AT AN AFFECTED
 PROPERTY, AND IN SUCH INSTANCE, THE DEPUTY COMMISSIONER'S DESIGNEE SHALL
 REQUIRE AN INSPECTION TO BE MADE OF THE AFFECTED PROPERTY.
   (D) AN INSPECTION REQUIRED UNDER THIS SUBDIVISION SHALL  BE  COMPLETED
 WITHIN  NINETY  DAYS  AFTER  NOTIFICATION  OF  THE DEPUTY COMMISSIONER'S
 DESIGNEE FOR THE JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED. IN  THE
 EVENT  SUCH INSPECTION RESULTS IN A FINDING OF LEAD HAZARDS, A REPORT OF
 SUCH FINDINGS SHALL BE IMMEDIATELY TRANSMITTED BY THE DEPUTY COMMISSION-
 ER OR THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE JURISDICTION  IN  WHICH
 SUCH  PROPERTY  IS  LOCATED  TO  THE  APPROPRIATE  LOCAL SOCIAL SERVICES
 DEPARTMENT PURSUANT TO SECTION ONE HUNDRED FORTY-THREE-B OF  THE  SOCIAL
 SERVICES LAW.
   (E)  BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
 DEPUTY COMMISSIONER SHALL ESTABLISH  AND  MAINTAIN  AN  INDEX  AND  FILE
 CONTAINING  ALL  NOTIFICATIONS OR COMPLAINTS OF AFFECTED PROPERTIES THAT
 MAY NOT COMPLY WITH THE REQUIREMENTS OF SUBDIVISION ONE OF SECTION  FIVE
 S. 8453                            12
 
 HUNDRED  ONE  OF  THIS  ARTICLE AND THE RESULTS OF INSPECTIONS CONDUCTED
 PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION. SAID INDEX AND FILE SHALL
 BE MADE PUBLICLY AVAILABLE IN AN ACCESSIBLE, ELECTRONIC SEARCHABLE  FORM
 ON  A  WEBSITE  MAINTAINED  BY  THE  DIVISION  OF  HOUSING AND COMMUNITY
 RENEWAL.
   2. AN OWNER OF AN AFFECTED PROPERTY AT ANY TIME  AFTER  THE  EFFECTIVE
 DATE  OF  THIS  SECTION, MAY REQUEST VOLUNTARILY THAT THE DEPUTY COMMIS-
 SIONER, OR THE DEPUTY COMMISSIONER'S DESIGNEE FOR  THE  JURISDICTION  IN
 WHICH  SUCH  PROPERTY  IS LOCATED, CONDUCT AN INSPECTION BY AN INSPECTOR
 ACCREDITED PURSUANT TO THE PROVISIONS OF SECTION FIVE  HUNDRED  FOUR  OF
 THIS  ARTICLE,  OF AN AFFECTED PROPERTY, AT THE EXPENSE OF THE OWNER, TO
 DETERMINE WHETHER IT COMPLIES WITH THE REQUIREMENTS FOR LEAD-FREE, LEAD-
 CONTAINED, OR LEAD-STABILIZED PROPERTY STATUS. SUCH INSPECTION SHALL  BE
 COMPLETED WITHIN THIRTY DAYS AFTER THE OWNER'S REQUEST.
   3.  THE  DEPUTY  COMMISSIONER SHALL ESTABLISH, IN CONJUNCTION WITH THE
 COMMISSIONER OF HEALTH OR HER OR  HIS  DESIGNEE,  A  PRIMARY  PREVENTION
 INSPECTION PROGRAM IN AREAS OF HIGH RISK TO IDENTIFY AND TARGET AFFECTED
 PROPERTIES  WHERE  THERE  ARE  PERSONS  WHO MAY BE EXPOSED TO LEAD-BASED
 PAINT HAZARDS IN ORDER THAT INSPECTIONS MAY  BE  CONDUCTED  WITHOUT  THE
 RECEIPT OF A COMPLAINT OR OTHER SUCH EVENT TRIGGERING AN INSPECTION, AND
 REQUIRE  FOR EACH SUCH AREA OF HIGH RISK THAT THE COUNTY COMMISSIONER OF
 HEALTH OR HIS OR HER OTHER LOCAL  DESIGNEE,  AND  SUCH  LOCAL  MUNICIPAL
 BUILDING  OR  PROPERTY  MAINTENANCE  CODE  ENFORCEMENT  OFFICIALS HAVING
 JURISDICTION OVER SUCH AREA AS THE DEPUTY COMMISSIONER SHALL  DESIGNATE,
 PREPARE AND IMPLEMENT A STRATEGY TO:
   (A)  ASSURE THAT A SUFFICIENT NUMBER OF QUALIFIED INSPECTION PERSONNEL
 ARE AVAILABLE;
   (B) IDENTIFY THE AFFECTED  PROPERTIES  IN  THAT  MUNICIPALITY,  CENSUS
 TRACT  OR  CENSUS BLOCK GROUP THAT ARE MOST LIKELY TO CONTAIN CONDITIONS
 CONDUCIVE TO LEAD POISONING;
   (C) REQUIRE, AT THE OWNER'S EXPENSE, THE INSPECTION OF AFFECTED  PROP-
 ERTIES FOR CONDITIONS CONDUCIVE TO LEAD POISONING; AND
   (D) REQUIRE THAT SUCH INSPECTED PROPERTIES ATTAIN LEAD-FREE, LEAD-CON-
 TAINED,  OR  LEAD-STABILIZED  STATUS,  AND ELIMINATION OF ALL CONDITIONS
 CONDUCIVE TO LEAD POISONING IN SUCH PROPERTIES,  USING  LEAD  SAFE  WORK
 PRACTICES IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE WITHIN THIR-
 TY  DAYS.  IN PREPARING THIS PRIMARY PREVENTION INSPECTION STRATEGY, THE
 RESPONSIBLE OFFICIALS SHALL, AMONG OTHER FACTORS,  CONSIDER  REPORTS  OF
 PERSONS  WITH  ELEVATED  BLOOD LEAD LEVELS IN OTHER UNITS IN A BUILDING;
 THE AGE AND MAINTENANCE HISTORY OF A BUILDING; AND ANY AVAILABLE DATA ON
 THE PRESENCE OF YOUNG CHILDREN FROM BIRTH  CERTIFICATES  ISSUED  BY  THE
 DEPARTMENT OF HEALTH.
   4.  AN  INSPECTOR  SHALL SUBMIT A VERIFIED REPORT OF THE RESULT OF THE
 INSPECTION CONDUCTED PURSUANT TO SUBDIVISION ONE, TWO, OR THREE OF  THIS
 SECTION TO THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S DESIGNEE
 FOR  THE  JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED, THE OWNER, AND
 THE TENANT, IF ANY, OF THE  AFFECTED  PROPERTY.  SUCH  REPORT  SHALL  BE
 COMPLETED  SUBJECT  TO PENALTIES FOR PERJURY AND INCLUDE THE INSPECTOR'S
 STATE REGISTRATION NUMBER AND DATE  OF  CERTIFICATION  TO  PERFORM  SUCH
 INSPECTIONS.  IN THE EVENT SUCH INSPECTION RESULTS IN A FINDING OF LEAD-
 BASED PAINT HAZARDS OR CONDITIONS CONDUCIVE TO LEAD POISONING, A  REPORT
 OF SUCH FINDINGS SHALL BE PROMPTLY TRANSMITTED BY THE DEPUTY COMMISSION-
 ER  OR  THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE JURISDICTION IN WHICH
 SUCH PROPERTY IS LOCATED AND TO THE APPROPRIATE  LOCAL  SOCIAL  SERVICES
 DEPARTMENT  PURSUANT  TO SECTION ONE HUNDRED FORTY-THREE-B OF THE SOCIAL
 SERVICES LAW.
 S. 8453                            13
 
   § 503. SAFE WORK PRACTICES FOR ACTIVITIES DISTURBING LEAD-BASED  PAINT
 OR  PAINT  OF  UNKNOWN  LEAD CONTENT IN AFFECTED PROPERTIES. 1. ALL WORK
 PERFORMED BY AN OWNER OR THE OWNER'S AGENTS OR CONTRACTORS, IN  AFFECTED
 PROPERTY,  THAT  DISTURBS LEAD-BASED PAINT OR PAINT OF UNDETERMINED LEAD
 CONTENT  SHALL  BE  PERFORMED  IN  ACCORDANCE WITH SAFE WORK REGULATIONS
 PROMULGATED BY THE COMMISSIONER OF HOUSING AND COMMUNITY  RENEWAL.  SUCH
 REGULATIONS SHALL PROVIDE FOR, AMONG OTHER THINGS:
   (A) NOTICE TO TENANTS;
   (B)  TRAINING  REQUIREMENTS,  WHICH  SHALL  REQUIRE  THAT SUCH WORK BE
 PERFORMED BY PERSONS WHO HAVE, AT A MINIMUM,  SUCCESSFULLY  COMPLETED  A
 COURSE  ON  LEAD-SAFE  WORK PRACTICES GIVEN BY OR ON BEHALF OF THE DIVI-
 SION, THE DEPARTMENT  OF  LABOR,  BY  THE  UNITED  STATES  ENVIRONMENTAL
 PROTECTION  AGENCY OR AN ENTITY AUTHORIZED BY IT TO GIVE SUCH COURSE, OR
 BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT  OR  AN
 ENTITY AUTHORIZED BY IT TO GIVE SUCH COURSE;
   (C) PRECAUTIONS TO PREVENT ENTRY INTO THE WORK AREA BY OCCUPANTS UNTIL
 CLEAN-UP IS COMPLETED AND FOR TEMPORARY RELOCATION PROVIDED BY THE OWNER
 FOR  THE OCCUPANTS OF A DWELLING OR DWELLING UNIT TO APPROPRIATE HOUSING
 WHEN WORK CANNOT BE PERFORMED SAFELY;
   (D) PRECAUTIONS TO PREVENT THE DISPERSION  OF  LEAD  DUST  AND  DEBRIS
 DURING THE WORK;
   (E) PROHIBITED PRACTICES OF LEAD PAINT REMOVAL, INCLUDING DRY SCRAPING
 AND  SANDING,  USE OF POWER TOOLS WITHOUT PROPER ENVIRONMENTAL CONTROLS,
 AND THE USE OF TOXIC SUBSTANCES;
   (F) PROPER DAILY AND FINAL CLEAN-UP REQUIREMENTS;
   (G) DUST WIPE CLEARANCE TESTING;
   (H) PRE-NOTIFICATION OF LOCAL MUNICIPAL CODE ENFORCEMENT  AGENCIES  OR
 HEALTH DEPARTMENTS, WHERE APPROPRIATE; AND
   (I)  EXCEPTIONS  FOR  SMALL JOBS THAT INVOLVE DISTURBING LESS THAN TWO
 SQUARE FEET OF LEAD-BASED PAINT OR PAINT OF UNDETERMINED LEAD CONTENT OR
 LESS THAN TEN PERCENT OF THE TOTAL SURFACE AREA OF PEELING  PAINT  ON  A
 TYPE  OF  COMPONENT  WITH  A SMALL SURFACE AREA, SUCH AS A WINDOWSILL OR
 DOOR FRAME.
   2. A TENANT SHALL, AT REASONABLE TIMES AND UPON APPROPRIATE NOTICE  OF
 NOT LESS THAN FORTY-EIGHT HOURS, ALLOW ACCESS TO AN AFFECTED PROPERTY TO
 THE OWNER TO PERFORM ANY WORK REQUIRED UNDER THIS ARTICLE.
   3.  IF A TENANT MUST VACATE AN AFFECTED PROPERTY FOR A PERIOD OF TWEN-
 TY-FOUR HOURS OR MORE IN ORDER TO ALLOW AN OWNER TO  PERFORM  WORK  THAT
 WILL  DISTURB THE PAINT ON INTERIOR SURFACES, THE OWNER SHALL PAY TO THE
 TENANT IN ADVANCE THE REASONABLE RELOCATION  EXPENSES  THAT  THE  TENANT
 INCURS DIRECTLY RELATED TO THE REQUIRED RELOCATION.
   4.  THE  DEPUTY  COMMISSIONER  OR  THE DEPUTY COMMISSIONER'S DESIGNEE,
 WITHIN ONE HUNDRED TWENTY DAYS FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS
 ARTICLE,  SHALL ESTABLISH GUIDELINES AND A TRAINER'S MANUAL FOR A "LEAD-
 SAFE HOUSING AWARENESS SEMINAR" WITH A TOTAL CLASS TIME OF  THREE  HOURS
 OR  LESS.  SUCH GUIDELINES AND MATERIALS SHALL BE MADE AVAILABLE SO THAT
 SUCH COURSES MAY BE OFFERED BY PROFESSIONAL ASSOCIATIONS  AND  COMMUNITY
 ORGANIZATIONS  WITH A TRAINING CAPACITY, EXISTING ACCREDITED EDUCATIONAL
 INSTITUTIONS, AND FOR-PROFIT EDUCATIONAL PROVIDERS.  ALL  SUCH  OFFERING
 PROPOSALS  SHALL  BE REVIEWED AND APPROVED, BASED ON SEMINAR CONTENT AND
 QUALIFICATIONS OF INSTRUCTORS, BY THE DEPUTY COMMISSIONER OR THE  DEPUTY
 COMMISSIONER'S DESIGNEE.
   § 504. ACCREDITATION OF INSPECTORS AND CONTRACTORS PERFORMING WORK. 1.
 NO  PERSON  SHALL  ACT AS A CONTRACTOR OR SUPERVISOR TO PERFORM THE WORK
 NECESSARY FOR LEAD-BASED PAINT HAZARD ABATEMENT AS DEFINED IN THIS ARTI-
 CLE UNLESS THAT PERSON IS ACCREDITED PURSUANT TO ONE OF THE FOLLOWING:
 S. 8453                            14
 
   (A) REGULATIONS ADOPTED BY  THE  COMMISSIONER  OF  LABOR  PURSUANT  TO
 SECTION NINE HUNDRED FORTY-NINE-B OF THE LABOR LAW GOVERNING THE ACCRED-
 ITATION OF INDIVIDUALS TO ENGAGE IN LEAD-BASED PAINT ACTIVITIES;
   (B) CERTIFICATION BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 TO  ENGAGE  IN LEAD-BASED PAINT ACTIVITIES PURSUANT TO 40 C.F.R. 745.226
 OR SUCCESSOR REGULATION; OR
   (C) CERTIFICATION BY A STATE  OR  TRIBAL  PROGRAM  AUTHORIZED  BY  THE
 UNITED  STATES  ENVIRONMENTAL  PROTECTION  AGENCY TO CERTIFY INDIVIDUALS
 ENGAGED IN LEAD-BASED PAINT ACTIVITIES PURSUANT TO 40 C.F.R. 745.325  OR
 SUCCESSOR REGULATION.
   THE  COMMISSIONER  OF  HOUSING  AND  COMMUNITY RENEWAL SHALL, BY REGU-
 LATION, CREATE EXCEPTIONS TO THE ACCREDITATION REQUIREMENT FOR INSTANCES
 WHERE THE DISTURBANCE OF LEAD-BASED PAINT IS SMALL AND INCIDENTAL,  SUCH
 AS  WORK  THAT  DISTURBS SURFACES OF LESS THAN EITHER TWO SQUARE FEET OF
 PEELING LEAD-BASED PAINT PER ROOM OR TEN PERCENT OF  THE  TOTAL  SURFACE
 AREA  OF PEELING PAINT ON A TYPE OF COMPONENT WITH A SMALL SURFACE AREA,
 SUCH AS A WINDOWSILL OR DOOR FRAME.
   2. NO PERSON SHALL CONDUCT AN  INSPECTION  REQUIRED  BY  SECTION  FIVE
 HUNDRED  ONE  OF THIS ARTICLE, UNLESS THAT PERSON IS ACCREDITED PURSUANT
 TO ONE OF THE FOLLOWING:
   (A) REGULATIONS ADOPTED BY  THE  COMMISSIONER  OF  LABOR  PURSUANT  TO
 SECTION NINE HUNDRED FORTY-NINE-B OF THE LABOR LAW GOVERNING THE ACCRED-
 ITATION OF INDIVIDUALS TO ENGAGE IN LEAD-BASED PAINT ACTIVITIES; OR
   (B) CERTIFICATION TO CONDUCT INSPECTIONS BY THE UNITED STATES ENVIRON-
 MENTAL  PROTECTION  AGENCY PURSUANT TO 40 C.F.R. 745.226(B) OR SUCCESSOR
 REGULATION; OR
   (C) CERTIFICATION BY A STATE  OR  TRIBAL  PROGRAM  AUTHORIZED  BY  THE
 UNITED  STATES  ENVIRONMENTAL  PROTECTION  AGENCY TO CERTIFY INDIVIDUALS
 ENGAGED IN LEAD-BASED PAINT ACTIVITIES PURSUANT TO 40 C.F.R. 745.325  OR
 SUCCESSOR REGULATION.
   3.  ALL  PERSONS ENGAGED IN CONDUCTING INSPECTIONS OR LEAD-BASED PAINT
 HAZARD ABATEMENT WORK UNDER THIS SECTION  SHALL  SECURE,  MAINTAIN,  AND
 FILE  WITH  THE  DEPUTY COMMISSIONER PROOF OF A CERTIFICATE OF LIABILITY
 COVERAGE, WHICH TERMS AND CONDITIONS SHALL BE DETERMINED BY THE  COMMIS-
 SIONER OF HOUSING AND COMMUNITY RENEWAL.
   4.  ANY  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE A MISDE-
 MEANOR.
   § 505. ENFORCEMENT. 1. (A) WHENEVER THE DEPUTY COMMISSIONER OR  DEPUTY
 COMMISSIONER'S  DESIGNEE FINDS AN AFFECTED PROPERTY TO NOT BE IN COMPLI-
 ANCE WITH THE APPLICABLE REQUIREMENTS FOR EITHER LEAD-FREE, OR LEAD-CON-
 TAINED, OR LEAD-STABILIZED PROPERTY STATUS, THE DEPUTY  COMMISSIONER  OR
 DEPUTY  COMMISSIONER'S  DESIGNEE  SHALL  GIVE WRITTEN NOTICE AND DEMAND,
 SERVED AS PROVIDED IN THIS SECTION, FOR THE DISCONTINUANCE OF ANY CONDI-
 TION FAILING TO COMPLY WITH EITHER  THE  LEAD-FREE,  LEAD-CONTAINED,  OR
 LEAD-STABILIZED  STANDARDS  IN  AN  AFFECTED PROPERTY WITHIN A SPECIFIED
 PERIOD OF TIME NOT TO EXCEED THIRTY DAYS.  THE  DEPUTY  COMMISSIONER  OR
 DEPUTY  COMMISSIONER'S DESIGNEE SHALL ALSO IMMEDIATELY NOTIFY THE APPRO-
 PRIATE LOCAL SOCIAL SERVICES DEPARTMENT OF THE ISSUANCE OF SUCH  WRITTEN
 NOTICE  AND  DEMAND PURSUANT TO SECTION ONE HUNDRED FORTY-THREE-B OF THE
 SOCIAL SERVICES LAW.
   (B) THE DEPUTY COMMISSIONER SHALL ESTABLISH AND MAINTAIN AN INDEX  AND
 FILE CONTAINING ALL NOTICES AND DEMANDS ISSUED PURSUANT TO THIS SECTION.
 SAID  INDEX  AND FILE SHALL BE MADE PUBLICLY AVAILABLE IN AN ACCESSIBLE,
 ELECTRONIC SEARCHABLE FORM ON A WEBSITE MAINTAINED BY  THE  DIVISION  OF
 HOUSING AND COMMUNITY RENEWAL.
 S. 8453                            15
 
   2.  IN  THE  EVENT  OF FAILURE TO COMPLY WITH A NOTICE AND DEMAND, THE
 DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S DESIGNEE SHALL  CONDUCT
 A  FORMAL  HEARING  UPON DUE NOTICE IN ACCORDANCE WITH THE PROVISIONS OF
 THIS SECTION AND ON PROOF OF VIOLATION OF SUCH NOTICE AND  DEMAND  SHALL
 ORDER  THE  OWNER  OF  AN AFFECTED PROPERTY TO TAKE SPECIFIED CORRECTIVE
 ACTIONS TO HAVE THE AFFECTED PROPERTY SATISFY  THE  REQUIREMENTS,  AT  A
 MINIMUM,  OF LEAD-CONTAINED OR LEAD-STABILIZED PROPERTY AND MAY ASSESS A
 PENALTY NOT TO  EXCEED  TWO  THOUSAND  FIVE  HUNDRED  DOLLARS  FOR  EACH
 AFFECTED PROPERTY. IN THE EVENT OF THE CONTINUED FAILURE TO COMPLY AFTER
 THE  EXPIRATION  OF  THIRTY  DAYS  FROM  THE ISSUANCE OF AN ORDER AND/OR
 PENALTY PURSUANT TO THIS SUBDIVISION, THE  DEPUTY  COMMISSIONER  OR  THE
 DEPUTY  COMMISSIONER'S  DESIGNEE SHALL CAUSE THE CONDITION TO BE REMEDI-
 ATED WITHIN THE NEXT THIRTY DAYS, AND MAY PLACE A LIEN ON SUCH  PROPERTY
 AND  COMMENCE  SUCH  LEGAL  ACTIONS AS ARE NECESSARY TO RECOVER FROM THE
 OWNER  OF  SUCH  PROPERTY  THE  DEPUTY  COMMISSIONER'S  EXPENDITURES  IN
 CONNECTION THEREWITH, INCLUDING LEGAL FEES.
   3.  A  NOTICE  REQUIRED BY THIS SECTION MAY BE SERVED UPON AN OWNER OR
 OCCUPANT OF THE DWELLING OR AGENT OF THE OWNER IN THE SAME MANNER  AS  A
 SUMMONS  IN  A CIVIL ACTION OR BY REGISTERED OR CERTIFIED MAIL TO HIS OR
 HER LAST KNOWN ADDRESS OR PLACE OF RESIDENCE.
   4. THE DEPUTY COMMISSIONER'S DESIGNEE HAVING JURISDICTION, COUNTY  AND
 CITY  COMMISSIONERS  OF HEALTH, AND LOCAL HOUSING CODE ENFORCEMENT AGEN-
 CIES DESIGNATED BY THE DEPUTY COMMISSIONER'S DESIGNEE  HAVING  JURISDIC-
 TION  OR  COUNTY  OR  CITY  COMMISSIONER  OF  HEALTH SHALL HAVE THE SAME
 AUTHORITY, POWERS AND DUTIES WITHIN THEIR  RESPECTIVE  JURISDICTIONS  AS
 HAS THE DEPUTY COMMISSIONER UNDER THE PROVISIONS OF THIS ARTICLE.
   5. THE DEPUTY COMMISSIONER OR DEPUTY COMMISSIONER'S REPRESENTATIVE AND
 AN  OFFICIAL OR AGENCY SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION MAY
 REQUEST AND SHALL RECEIVE FROM  ALL  PUBLIC  OFFICERS,  DEPARTMENTS  AND
 AGENCIES  OF  THE  STATE AND ITS POLITICAL SUBDIVISIONS SUCH COOPERATION
 AND ASSISTANCE AS MAY BE NECESSARY OR PROPER IN THE ENFORCEMENT  OF  THE
 PROVISIONS OF THIS ARTICLE.
   6.  ANY  VIOLATION  OF THE REQUIREMENTS OF SECTION FIVE HUNDRED ONE OF
 THIS ARTICLE SHALL ALSO CONSTITUTE A VIOLATION OF ANY MUNICIPAL OR OTHER
 LOCAL HOUSING CODE AND SHALL SUBJECT THE OWNER OF AN  AFFECTED  PROPERTY
 TO ALL ORDERS, CRIMINAL PENALTIES, AND OTHER CIVIL FORFEITURES OR PENAL-
 TIES  THAT  ARE POSSIBLE UNDER SUCH MUNICIPAL OR LOCAL HOUSING CODE. ANY
 SUCH VIOLATION SHALL ALSO CONSTITUTE A RENT IMPAIRING  VIOLATION  WITHIN
 THE  MEANING OF SECTION THREE HUNDRED TWO-A OF THE MULTIPLE DWELLING LAW
 AND SECTION THREE HUNDRED FIVE-A OF  THE  MULTIPLE  RESIDENCE  LAW,  AND
 ENTITLE  THE  TENANT  OF  SUCH DWELLING TO A RENT REBATE OF NO LESS THAN
 FIFTY PERCENT OR ONE THOUSAND DOLLARS PER MONTH, WHICHEVER  IS  GREATER,
 OR  SUCH  GREATER  AMOUNT  AS  A  COURT  OF COMPETENT JURISDICTION SHALL
 IMPOSE.
   7. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED  TO  ALTER  OR
 ABRIDGE  ANY  DUTIES  AND POWERS NOW OR HEREAFTER EXISTING IN THE DEPUTY
 COMMISSIONER, COUNTY BOARDS OF HEALTH, CITY AND COUNTY COMMISSIONERS  OF
 HEALTH,  THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVEL-
 OPMENT AND THE DEPARTMENT OF HEALTH, LOCAL BOARDS  OF  HEALTH  OR  OTHER
 PUBLIC AGENCIES OR PUBLIC OFFICIALS, OR ANY PRIVATE PARTY, INCLUDING THE
 POWER TO IMPOSE MORE STRINGENT MEASURES TO PROTECT PUBLIC HEALTH.
   8.  THE  OFFICE  OF  THE  ATTORNEY  GENERAL  AND ALL LOCAL AUTHORITIES
 RESPONSIBLE FOR THE ENFORCEMENT OF STATE,  MUNICIPAL,  AND  OTHER  LOCAL
 HOUSING CODES ARE HEREBY EMPOWERED TO AND SHALL VIGOROUSLY ENFORCE CIVIL
 REMEDIES  AND/OR  CRIMINAL  PENALTIES PROVIDED FOR BY LAW ARISING OUT OF
 THE FAILURE TO COMPLY WITH THE REQUIREMENTS OF SECTION FIVE HUNDRED  ONE
 S. 8453                            16
 
 OR  SECTION  FIVE  HUNDRED  FOUR OF THIS ARTICLE AND MAY SEEK INJUNCTIVE
 RELIEF WHERE APPROPRIATE.
   9.  ANY ADMINISTRATIVE PROCEEDING OR CIVIL OR CRIMINAL ACTION BY STATE
 OR LOCAL OFFICIALS TO ENFORCE THE PROVISIONS OF THIS  SECTION  SHALL  BE
 REPORTED TO THE DEPUTY COMMISSIONER.
   10.  THE  REMOVAL OF A TENANT FROM OR THE SURRENDER BY THE TENANT OF A
 DWELLING WITH RESPECT TO WHICH THE DEPUTY COMMISSIONER  OR  HIS  OR  HER
 REPRESENTATIVE,  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION, HAS GIVEN
 WRITTEN NOTICE AND DEMAND FOR THE DISCONTINUANCE OF A  CONDITION  CONDU-
 CIVE  TO  LEAD  POISONING  SHALL  NOT  ABSOLVE, RELIEVE OR DISCHARGE ANY
 PERSONS CHARGEABLE THEREWITH FROM THE OBLIGATION AND  RESPONSIBILITY  TO
 DISCONTINUE  SUCH  CONDITION  CONDUCIVE  TO LEAD POISONING IN ACCORDANCE
 WITH THE METHOD OF DISCONTINUANCE PRESCRIBED THEREFOR IN SUCH NOTICE AND
 DEMAND.  FOR THE PURPOSES OF THIS SUBDIVISION,  "REMOVAL  OF  A  TENANT"
 SHALL INCLUDE VACATE OR CONDEMNATION ORDERS.
   § 506. INJUNCTIVE RELIEF. 1. IF AN OWNER OF AN AFFECTED PROPERTY FAILS
 TO  COMPLY  WITH  THE  REQUIREMENTS  OF SECTION FIVE HUNDRED ONE OR FIVE
 HUNDRED TWO OF THIS ARTICLE, A TENANT, AN OCCUPANT OR  OTHER  INTERESTED
 PERSONS  MAY  SEEK INJUNCTIVE RELIEF FROM A COURT OF COMPETENT JURISDIC-
 TION AGAINST THE OWNER OF THE AFFECTED PROPERTY IN THE FORM OF  A  COURT
 ORDER TO COMPEL COMPLIANCE. FOR THE PURPOSES OF THIS ARTICLE, A COURT OF
 COMPETENT  JURISDICTION SHALL INCLUDE COUNTY COURT, CITY COURT, DISTRICT
 COURT, TOWN COURT AND VILLAGE COURT.
   2. IN ANY ACTION OR PROCEEDING SEEKING INJUNCTIVE RELIEF  PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS SECTION, EITHER (A) THE VISUALLY DISPLAYED OR
 (B) THE PRINTED COMPUTERIZED FILES OF THE DIVISION, MAINTAINED  PURSUANT
 TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED FIVE OF THIS
 ARTICLE  INDICATING  THE ISSUANCE OF A NOTICE AND DEMAND ISSUED PURSUANT
 TO SECTION FIVE HUNDRED FIVE  OF  THIS  ARTICLE  SHALL  BE  PRIMA  FACIE
 EVIDENCE OF ANY MATTER STATED THEREIN AND THE COURTS SHALL TAKE JUDICIAL
 NOTICE  THEREOF  AS  IF  SAME  WERE CERTIFIED AS TRUE UNDER THE SEAL AND
 SIGNATURE OF THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL.
   3. A COURT SHALL NOT GRANT THE INJUNCTIVE RELIEF REQUESTED PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, UNLESS, AT LEAST THIRTY DAYS  PRIOR  TO
 THE FILING REQUESTING THE INJUNCTION, THE OWNER OF THE AFFECTED PROPERTY
 HAS  RECEIVED  WRITTEN NOTICE OF THE VIOLATION OF STANDARDS CONTAINED IN
 SECTION FIVE HUNDRED ONE OF THIS ARTICLE AND HAS  FAILED  TO  BRING  THE
 AFFECTED  PROPERTY  INTO  COMPLIANCE WITH THE APPLICABLE STANDARDS. THIS
 NOTICE TO THE OWNER OF THE AFFECTED PROPERTY IS SATISFIED  WHEN  ANY  OF
 THE FOLLOWING HAS OCCURRED:
   (A)  A PERSON OR THEIR ATTORNEY, HAS NOTIFIED THE OWNER OF AN AFFECTED
 PROPERTY THAT THE PROPERTY FAILS TO MEET THE REQUIREMENTS  OF  PARAGRAPH
 (B) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED ONE OF THIS ARTICLE;
   (B) THE DEPUTY COMMISSIONER, THE COMMISSIONER OF HOUSING AND COMMUNITY
 RENEWAL,  OR THE DESIGNEE OF EITHER OF THESE SUCH OFFICIALS, A MUNICIPAL
 OR OTHER LOCAL AUTHORITY WITH RESPONSIBILITY  FOR  ENFORCING  ANY  LOCAL
 HOUSING  CODE OR CODES, OR A LOCAL OR MUNICIPAL DEPARTMENT OF HEALTH HAS
 NOTIFIED THE OWNER  OF  THE  AFFECTED  PROPERTY  OF  VIOLATIONS  OF  THE
 PROVISIONS  OF  THIS ARTICLE OCCURRING WITHIN AN AFFECTED PROPERTY OR OF
 THE FAILURE TO REGISTER AND FILE REPORTS AS REQUIRED BY THIS ARTICLE; OR
   (C) A CRIMINAL OR CIVIL ACTION  PURSUANT  TO  THIS  ARTICLE  HAS  BEEN
 BROUGHT  BY  EITHER STATE OR LOCAL ENFORCEMENT OFFICIALS TO ENFORCE THIS
 ARTICLE.
   4. THE NOTICE REQUIREMENT OF SUBDIVISION THREE OF THIS  SECTION  SHALL
 NOT  APPLY  WITH  RESPECT  TO  APPLICATIONS  FOR  PRELIMINARY INJUNCTIVE
 RELIEF.
 S. 8453                            17
 
   5. A TENANT OR OCCUPANT OR OTHER INTERESTED PERSON WHO PREVAILS IN  AN
 ACTION TO ENFORCE THE PROVISIONS OF THIS ARTICLE IS ENTITLED TO AN AWARD
 OF  THE COSTS OF THE LITIGATION AND TO AN AWARD OF REASONABLE ATTORNEYS'
 FEES IN AN AMOUNT TO BE FIXED BY THE COURT.
   6.  THE  REMOVAL OF AN OCCUPANT OR TENANT FROM OR THE SURRENDER BY THE
 OCCUPANT OR TENANT OF A DWELLING WITH RESPECT TO WHICH AN INJUNCTION HAS
 BEEN ISSUED PURSUANT TO THIS  SECTION  SHALL  NOT  ABSOLVE,  RELIEVE  OR
 DISCHARGE  ANY  PERSONS  CHARGEABLE  THEREWITH  FROM  THE OBLIGATION AND
 RESPONSIBILITY TO COMPLY WITH ANY ORDERS TO COMPLY  WITH  THIS  ARTICLE.
 FOR THE PURPOSES OF THIS SUBDIVISION, "REMOVAL OF AN OCCUPANT OR TENANT"
 SHALL INCLUDE VACATE OR CONDEMNATION ORDERS.
   7.  CASES BROUGHT BEFORE THE COURT UNDER THIS SECTION SHALL BE GRANTED
 AN ACCELERATED HEARING.
   8. THE LEGAL REMEDIES CREATED UNDER THIS SECTION SHALL BE IN  ADDITION
 TO  ANY  OTHER COMMON LAW OR STATUTORY REMEDIES, WHICH MAY BE PURSUED IN
 THE SAME OR SEPARATE ACTION OR PROCEEDING.
   § 507. RETALIATORY EVICTIONS PROHIBITED. 1. AN OWNER  OF  AN  AFFECTED
 PROPERTY  MAY  NOT EVICT OR TAKE ANY OTHER RETALIATORY ACTION AGAINST AN
 OCCUPANT OR TENANT IN RESPONSE TO THE ACTIONS OF THE OCCUPANT, TENANT OR
 OTHER PERSONS IN:
   (A) PROVIDING INFORMATION TO THE OWNER OF THE AFFECTED  PROPERTY,  THE
 COMMISSIONER  OF  HOUSING  AND  COMMUNITY  RENEWAL,  THE COMMISSIONER OF
 HEALTH, OR THE DESIGNEE OF EITHER OF THESE OFFICIALS, A LOCAL OR MUNICI-
 PAL DEPARTMENT OF HEALTH, OR A MUNICIPAL OR OTHER LOCAL  AUTHORITY  WITH
 RESPONSIBILITY  FOR ENFORCING ANY LOCAL HOUSING CODE OR CODES CONCERNING
 LEAD-BASED PAINT HAZARDS WITHIN AN AFFECTED PROPERTY OR  ELEVATED  BLOOD
 LEAD  LEVELS  OF  A  PERSON  WHO RESIDES OR HAS RECENTLY RESIDED IN THAT
 DWELLING; OR
   (B) ENFORCING ANY OF HIS OR HER RIGHTS UNDER THIS ARTICLE.
   2. AN OWNER OF AN AFFECTED PROPERTY MAY NOT EVICT OR  TAKE  ANY  OTHER
 RETALIATORY ACTION AGAINST AN OCCUPANT IN RESPONSE TO THE ACTIONS OF ANY
 STATE OR LOCAL AGENCY TO ENFORCE THE PROVISIONS OF THIS ARTICLE.
   3.  FOR PURPOSES OF THIS SECTION, A RETALIATORY ACTION INCLUDES ANY OF
 THE FOLLOWING ACTIONS IN WHICH THE ACTIVITIES PROTECTED  UNDER  SUBDIVI-
 SION  ONE  OF  THIS  SECTION  ARE  A  MATERIAL FACTOR IN MOTIVATING SAID
 ACTION:
   (A) A REFUSAL TO RENEW A LEASE;
   (B) TERMINATION OF A TENANCY;
   (C) AN ARBITRARY RENT INCREASE OR DECREASE IN SERVICES  TO  WHICH  THE
 OCCUPANT IS ENTITLED; OR
   (D) ANY FORM OF CONSTRUCTIVE EVICTION.
   4. AN OCCUPANT SUBJECT TO AN EVICTION OR RETALIATORY ACTION UNDER THIS
 SECTION  IS  ENTITLED TO THE RELIEF AS MAY BE PROVIDED BY STATUTE AND/OR
 ANY FURTHER RELIEF DEEMED JUST AND EQUITABLE BY THE COURT, AND IS ELIGI-
 BLE FOR REASONABLE ATTORNEYS' FEES AND COSTS.
   § 508. LEAD POISONING PREVENTION FEE. 1. BEGINNING ON  JANUARY  FIRST,
 TWO  THOUSAND  TWENTY-THREE, A FEE IS IMPOSED ON MANUFACTURERS OR WHOLE-
 SALERS OF PAINT SOLD IN THE STATE TO SUPPORT  THE  RESIDENTIAL  PROPERTY
 LEAD-BASED PAINT HAZARD ABATEMENT REVOLVING LOAN FUND ESTABLISHED PURSU-
 ANT TO SECTION NINETY-NINE-PP OF THE STATE FINANCE LAW. THE FEE SHALL BE
 IMPOSED  AT THE MANUFACTURER OR WHOLESALER LEVEL, IN THE AMOUNT OF FIFTY
 CENTS PER GALLON OF PAINT ESTIMATED TO HAVE BEEN SOLD WITHIN  THE  STATE
 DURING THE PRIOR YEAR, AS DETERMINED BY RULE ADOPTED BY THE DIVISION.
   2. THE DIVISION SHALL ADOPT RULES TO IMPLEMENT THIS SECTION, INCLUDING
 RULES  TO  DETERMINE WHICH MANUFACTURERS OR WHOLESALERS OF PAINT SOLD IN
 THE STATE ARE RESPONSIBLE FOR THE FEES IMPOSED UNDER SUBDIVISION ONE  OF
 S. 8453                            18
 
 THIS  SECTION  AND RULES ESTABLISHING THE ESTIMATED NUMBER OF GALLONS OF
 PAINT SOLD IN THE STATE IN THE PRIOR  YEAR  FOR  EACH  MANUFACTURER  AND
 RULES  DETERMINING  THE  MANNER  OF PAYMENT. THE RULES SHALL PROVIDE FOR
 WAIVERS  OF  PAYMENT  FOR MANUFACTURERS AND WHOLESALERS OF PAINT THAT IS
 SOLD IN LOW QUANTITIES IN THE STATE. THE COSTS FOR ADMINISTRATION OF THE
 RESIDENTIAL PROPERTY LEAD-BASED PAINT HAZARD  ABATEMENT  REVOLVING  LOAN
 FUND MAY BE REIMBURSED FROM THE FEES COLLECTED.
   3.  THE  ATTORNEY  GENERAL  SHALL  ENFORCE  PAYMENT OF FEES UNDER THIS
 SECTION THROUGH AN ACTION IN THE SUPREME COURT IN ALBANY COUNTY AND  MAY
 COLLECT COSTS AND ATTORNEYS' FEES.
   §  509.  DESIGNATION  OF  EXEMPT MUNICIPALITIES; MINIMUM STANDARDS FOR
 LEAD-BASED PAINT POISONING PREVENTION PROGRAMS. 1. THE  COMMISSIONER  OF
 HOUSING  AND  COMMUNITY  RENEWAL  MAY,  BY  REGULATION,  DESIGNATE AS AN
 "EXEMPT MUNICIPALITY" SUCH OTHER MUNICIPALITIES THAT  ENACT  LOCAL  LAWS
 FOR THE PREVENTION OF CHILDHOOD LEAD POISONING THAT CONTAIN AT LEAST ALL
 OF THE FOLLOWING ELEMENTS:
   (A)  PROVIDE  THAT  RESIDENTIAL PROPERTY UNITS RENTED TO FAMILIES WITH
 CHILDREN UNDER AGE SEVEN SHALL:
   (I) BE MAINTAINED FREE OF CONDITIONS THAT WOULD CONSTITUTE A CONDITION
 CONDUCIVE TO LEAD POISONING; AND
   (II) BE INSPECTED EITHER BY APPROPRIATELY-TRAINED AND ACCREDITED LOCAL
 GOVERNMENTAL INSPECTORS NO LESS FREQUENTLY THAN EVERY TWO YEARS,  OR  BY
 PROPERTY  OWNERS NO LESS FREQUENTLY THAN EVERY YEAR, FOR THE PRESENCE OF
 CONDITIONS CONDUCIVE TO LEAD POISONING, AND PROVIDE THAT THE RESULTS  OF
 SUCH  INSPECTIONS  SHALL BE PROVIDED IN WRITING TO THE OCCUPANTS OF SUCH
 DWELLINGS AND MAINTAINED FOR TEN YEARS.
   (B) PROVIDE FOR THE INSPECTION FOR, AND REMOVAL OF, CONDITIONS  CONDU-
 CIVE TO LEAD POISONING PRIOR TO THE RENTING OF RESIDENTIAL PROPERTIES.
   (C) PROVIDE THAT ANY ACTIVITIES THAT DISTURB LEAD-BASED PAINT OR PAINT
 OF  UNKNOWN  LEAD  CONTENT  IN DWELLINGS OR DWELLING UNITS WITH CHILDREN
 UNDER AGE SEVEN, AND THE COMMON AREAS OF SUCH  DWELLINGS,  BE  PERFORMED
 ONLY  BY  PERSONNEL WHO HAVE MET THE REQUIREMENTS ESTABLISHED IN SECTION
 FIVE HUNDRED THREE OF THIS ARTICLE.
   (D) PROVIDE A PRIVATE RIGHT OF ACTION  BY  TENANTS  OR  OCCUPANTS  FOR
 VIOLATIONS OF SUCH LOCAL LAW.
   2.  NOTWITHSTANDING  ANY  LOCAL  LAW  TO  THE  CONTRARY, NO LOCAL LEAD
 POISONING PREVENTION LAW OR PROGRAM MAY EMPLOY STANDARDS FOR "LEAD-BASED
 PAINT," "LEAD-CONTAMINATED DUST," AND "SOIL-LEAD HAZARD" THAT  ARE  LESS
 PROTECTIVE OF PUBLIC HEALTH THAN THOSE SET FORTH IN SECTION FIVE HUNDRED
 ONE  OF THIS ARTICLE OR SUCH MORE STRINGENT LEVELS ADOPTED BY REGULATION
 BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   § 510. REPORTING. 1. WITHIN THREE MONTHS AFTER THE CLOSE OF THE FISCAL
 YEAR, THE DEPUTY COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF
 HEALTH AND COMMISSIONER OF LABOR OR HER OR HIS DESIGNEE, SHALL REPORT TO
 THE  ADVISORY  COUNCIL ESTABLISHED IN SECTION THIRTEEN HUNDRED SEVENTY-B
 OF THE PUBLIC HEALTH LAW ON THE IMPLEMENTATION OF  THIS  ARTICLE  DURING
 THE  PRECEDING PERIOD. SUCH REPORT SHALL BE PUBLICLY AVAILABLE AND SHALL
 INCLUDE, AT A MINIMUM, A DETAILED STATEMENT OF REVENUE AND  EXPENDITURES
 AND  STATEMENT  OF  THE  DIVISION'S  PROGRAM, SUPPORTED BY A STATISTICAL
 SECTION WITH GEOGRAPHIC INDEXING DESIGNED TO PROVIDE A DETAILED EXPLANA-
 TION OF THE DIVISION'S ENFORCEMENT, INCLUDING BUT  NOT  LIMITED  TO  THE
 FOLLOWING:
   (A)  THE  NUMBER  OF DWELLING UNITS INSPECTED BY THE DIVISION OR OTHER
 STATE OR LOCAL AGENCY PURSUANT  TO  THIS  ARTICLE,  AND  THE  NUMBER  OF
 INSPECTORS ASSIGNED TO CONDUCT SUCH INSPECTIONS;
 S. 8453                            19
 
   (B)  THE  NUMBER OF DWELLING UNITS IN WHICH THE OCCUPANT COMPLAINED OF
 VIOLATIONS OF THIS ARTICLE AND THE NUMBER OF DWELLING UNITS IN WHICH THE
 EXISTENCE OF SUCH CONDITIONS WERE CONFIRMED BY  THE  DIVISION  OR  OTHER
 STATE OR LOCAL AGENCY;
   (C)  A  STATISTICAL PROFILE OF DWELLINGS IN WHICH VIOLATIONS HAVE BEEN
 PLACED PURSUANT TO THIS TITLE AND PURSUANT TO THIS  ARTICLE,  INDICATING
 THE  AGES  OF THE DWELLINGS AND OTHER FACTORS RELEVANT TO THE PREVALENCE
 OF LEAD-BASED PAINT HAZARDS, WHICH MAY INCLUDE THE PRIOR LEAD POISONINGS
 OR REPORTS OF PERSONS WITH ELEVATED BLOOD LEAD LEVELS IN  THE  DWELLING,
 OUTSTANDING  VIOLATIONS, EMERGENCY REPAIR CHARGES, TAX ARREARS AND MORT-
 GAGE DEBT;
   (D) AN EVALUATION OF THE  DIVISION'S  CAPABILITY  TO  TIMELY  INSPECT,
 SERVE A NOTICE OF VIOLATION, AND ENFORCE THE CORRECTION OF VIOLATIONS;
   (E)  THE  ENFORCEMENT ACTIONS BROUGHT PURSUANT TO SECTION FIVE HUNDRED
 FIVE OF THIS ARTICLE, THE IDENTITY OF THE OWNERS OF THE AFFECTED PROPER-
 TIES, THE AUTHORITY BRINGING THE ENFORCEMENT ACTION, THE NATURE  OF  THE
 ACTION, AND DESCRIBING THE CRIMINAL PENALTIES AND/OR CIVIL RELIEF; AND
   (F)  AN  EVALUATION  OF  THE DIVISION'S IMPLEMENTATION OF A PROGRAM OF
 INSPECTION PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS ARTICLE.
   2. THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL DESIGNATE A
 DEPUTY COMMISSIONER RESPONSIBLE FOR FULFILLING THE  OBJECTIVES  OF  THIS
 TITLE WHEN SUCH OBJECTIVES INVOLVE THE RESPONSIBILITIES OF THE DIVISION.
   §  4. The labor law is amended by adding a new article 32-A to read as
 follows:
                               ARTICLE 32-A
           NEW YORK LICENSING OF LEAD INSPECTORS AND CONTRACTORS
 SECTION 949-A. DEFINITIONS.
         949-B. ACCREDITATION OF INSPECTORS  AND  CONTRACTORS  PERFORMING
                  LEAD-BASED PAINT ACTIVITIES.
   § 949-A. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "ABATEMENT" MEANS ANY MEASURE OR SET OF MEASURES DESIGNED TO PERMA-
 NENTLY  ELIMINATE  LEAD-BASED  PAINT  HAZARDS,  AS DEFINED BY THE UNITED
 STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO  40  CFR  745.220  OR
 SUCCESSOR REGULATION.
   2.  "DETERIORATED PAINT" MEANS ANY INTERIOR OR EXTERIOR PAINT OR OTHER
 COATING THAT IS CURLING, SCALING, FLAKING,  BLISTERING,  PEELING,  CHIP-
 PING,  CHALKING,  CRACKING, OR LOOSE IN ANY MANNER, SUCH THAT A SPACE OR
 POCKET OF AIR IS BEHIND A PORTION THEREOF OR SUCH THAT THE PAINT IS  NOT
 COMPLETELY ADHERED TO THE UNDERLYING SUBSURFACE, OR IS OTHERWISE DAMAGED
 OR SEPARATED FROM THE SUBSTRATE.
   3. "DETERIORATED SUBSURFACE" SHALL MEAN AN UNSTABLE OR UNSOUND PAINTED
 SUBSURFACE,  AN  INDICATION  OF  WHICH  CAN BE OBSERVED THROUGH A VISUAL
 INSPECTION, INCLUDING, BUT NOT LIMITED TO, ROTTED OR  DECAYED  WOOD,  OR
 WOOD OR PLASTER THAT HAS BEEN SUBJECT TO MOISTURE OR DISTURBANCE.
   4.  "DWELLING"  MEANS  A  BUILDING  OR  STRUCTURE  OR PORTION THEREOF,
 INCLUDING THE PROPERTY OCCUPIED BY AND  APPURTENANT  TO  SUCH  DWELLING,
 WHICH IS OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING
 PLACE  OF ONE OR MORE HUMAN BEINGS AND SHALL, WITHOUT LIMITING THE FORE-
 GOING, INCLUDE CHILD CARE FACILITIES FOR CHILDREN UNDER SEVEN  YEARS  OF
 AGE, KINDERGARTENS AND NURSERY SCHOOLS.
   5.  "FRICTION  SURFACE"  MEANS AN INTERIOR OR EXTERIOR PAINTED SURFACE
 THAT TOUCHES OR IS IN CONTACT WITH ANOTHER SURFACE, SUCH  THAT  THE  TWO
 SURFACES ARE CAPABLE OF RELATIVE MOTION AND ABRADE, SCRAPE, OR BIND WHEN
 IN  RELATIVE MOTION. FRICTION SURFACES SHALL INCLUDE, BUT NOT BE LIMITED
 TO, WINDOW FRAMES AND JAMBS, DOORS, AND HINGES.
 S. 8453                            20
 
   6. "IMPACT SURFACE" MEANS AN INTERIOR OR EXTERIOR PAINTED SURFACE THAT
 SHOWS EVIDENCE, SUCH AS  MARKING,  DENTING,  OR  CHIPPING,  THAT  IT  IS
 SUBJECT  TO  DAMAGE  BY  REPEATED SUDDEN FORCE, SUCH AS CERTAIN PARTS OF
 DOOR FRAMES, MOLDINGS, OR BASEBOARDS.
   7. "INSPECTION" MEANS A SURFACE-BY-SURFACE INVESTIGATION IN A DWELLING
 TO  DETERMINE  THE  PRESENCE  OF LEAD-BASED PAINT AND THE PROVISION OF A
 REPORT EXPLAINING THE RESULTS OF THE INVESTIGATION.
   8. "LEAD-BASED PAINT" MEANS PAINT OR  OTHER  SIMILAR  SURFACE  COATING
 MATERIAL  CONTAINING  0.5  MILLIGRAMS  OF  LEAD PER SQUARE CENTIMETER OR
 GREATER, AS DETERMINED BY LABORATORY ANALYSIS OF PAINT SAMPLES WITH  ALL
 LAYERS  OF  PAINT  PRESENT,  OR BY AN X-RAY FLUORESCENCE ANALYZER. IF AN
 X-RAY FLUORESCENCE ANALYZER IS USED, READINGS  SHALL  BE  CORRECTED  FOR
 SUBSTRATE BIAS WHEN NECESSARY AS SPECIFIED BY THE PERFORMANCE CHARACTER-
 ISTIC  SHEETS  RELEASED  BY  THE  UNITED STATES ENVIRONMENTAL PROTECTION
 AGENCY (EPA) AND THE UNITED  STATES  DEPARTMENT  OF  HOUSING  AND  URBAN
 DEVELOPMENT  (HUD)  FOR  THE  SPECIFIC X-RAY FLUORESCENCE ANALYZER USED.
 X-RAY FLUORESCENCE READINGS SHALL BE CLASSIFIED AS POSITIVE, NEGATIVE OR
 INCONCLUSIVE IN ACCORDANCE WITH THE UNITED STATES DEPARTMENT OF  HOUSING
 AND URBAN DEVELOPMENT GUIDELINES FOR THE EVALUATION AND CONTROL OF LEAD-
 BASED  PAINT  HAZARDS IN HOUSING (JULY 2012) AND THE PERFORMANCE CHARAC-
 TERISTIC SHEETS RELEASED BY THE EPA FOR THE SPECIFIC X-RAY  FLUORESCENCE
 ANALYZER  USED.  X-RAY FLUORESCENCE READINGS THAT FALL WITHIN THE INCON-
 CLUSIVE ZONE, AS DETERMINED BY THE  PERFORMANCE  CHARACTERISTIC  SHEETS,
 SHALL  BE CONFIRMED BY LABORATORY ANALYSIS OF PAINT CHIPS, RESULTS SHALL
 BE REPORTED IN MILLIGRAMS OF LEAD PER SQUARE CENTIMETER AND THE  MEASURE
 OF  SUCH LABORATORY ANALYSIS SHALL BE DEFINITIVE. IF LABORATORY ANALYSIS
 IS USED TO DETERMINE LEAD CONTENT, RESULTS SHALL BE REPORTED  IN  MILLI-
 GRAMS  OF LEAD PER SQUARE CENTIMETER.  WHERE THE SURFACE AREA OF A PAINT
 CHIP SAMPLE CANNOT BE ACCURATELY MEASURED OR IF AN  ACCURATELY  MEASURED
 PAINT  CHIP  SAMPLE  CANNOT  BE  REMOVED,  A  LABORATORY ANALYSIS MAY BE
 REPORTED IN PERCENT BY WEIGHT. IN SUCH CASE, LEAD-BASED PAINT SHALL MEAN
 ANY PAINT OR OTHER SIMILAR SURFACE-COATING MATERIAL CONTAINING MORE THAN
 0.25% OF METALLIC LEAD, BASED ON THE NON-VOLATILE CONTENT OF  THE  PAINT
 OR  OTHER SIMILAR SURFACE-COATING MATERIAL. IN THE EVENT THAT THE EPA OR
 A SUCCESSOR AGENCY, OR THE HUD OR A SUCCESSOR AGENCY, OR A DEPARTMENT OR
 AGENCY OF THE STATE OF NEW YORK THAT HAS  OBTAINED  APPLICABLE  AUTHORI-
 ZATION PURSUANT TO 40 C.F.R. PART 745 SUBPART Q OR SUCCESSOR REGULATION,
 ADOPTS  MORE STRINGENT DEFINITIONS OF LEAD-BASED PAINT, SUCH MORE STRIN-
 GENT DEFINITIONS SHALL APPLY FOR THE PURPOSES OF THIS ARTICLE.
   9. "LEAD-BASED  PAINT  ACTIVITIES"  MEANS,  IN  THE  CASE  OF  HOUSING
 CONSTRUCTED  BEFORE  NINETEEN  SEVENTY-EIGHT, AND CHILD-OCCUPIED FACILI-
 TIES, INSPECTION, RISK ASSESSMENT, AND ABATEMENT.
   10. "LEAD-BASED PAINT HAZARD" MEANS ANY CONDITION IN, OR PROXIMATE TO,
 A DWELLING OR DWELLING UNIT THAT CAUSES EXPOSURE TO LEAD FROM  LEAD-CON-
 TAMINATED  DUST,  FROM  LEAD-BASED  PAINT  THAT IS DETERIORATED, OR FROM
 LEAD-BASED PAINT THAT IS  PRESENT  ON  CHEWABLE  SURFACES,  DETERIORATED
 SUBSURFACES,  FRICTION  SURFACES,  OR  IMPACT SURFACES, OR IN SOIL, THAT
 WOULD RESULT IN ADVERSE HUMAN HEALTH EFFECTS.
   11. "LEAD-CONTAMINATED DUST" MEANS SURFACE DUST THAT CONTAINS  A  MASS
 PER  AREA  CONCENTRATION  OF LEAD EQUAL TO OR EXCEEDING 5 MICROGRAMS PER
 SQUARE FOOT ("UG/FT2") ON FLOORS, OR 40 UG/FT2 ON  INTERIOR  WINDOWSILLS
 BASED ON WIPE SAMPLE, OR 100 UG/FT2 ON WINDOW WELLS, OR SUCH MORE STRIN-
 GENT  STANDARDS  AS MAY BE ADOPTED BY THE COMMISSIONER OF HEALTH, EXCEPT
 THAT, IF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR A  SUCCES-
 SOR  AGENCY, OR THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVEL-
 OPMENT OR A SUCCESSOR AGENCY, ADOPTS MORE STRINGENT DEFINITIONS OF LEAD-
 S. 8453                            21
 
 CONTAMINATED DUST, SUCH DEFINITIONS SHALL APPLY FOR THE PURPOSES OF THIS
 ARTICLE.
   12.  "RISK ASSESSMENT" MEANS (A) AN ON-SITE INVESTIGATION TO DETERMINE
 THE EXISTENCE,  NATURE,  SEVERITY,  AND  LOCATION  OF  LEAD-BASED  PAINT
 HAZARDS, AND (B) THE PROVISION OF A REPORT BY THE INDIVIDUAL OR THE FIRM
 CONDUCTING  THE  RISK ASSESSMENT, EXPLAINING THE RESULTS OF THE INVESTI-
 GATION AND OPTIONS FOR REDUCING LEAD-BASED PAINT HAZARDS.
   § 949-B. ACCREDITATION OF INSPECTORS AND CONTRACTORS PERFORMING  LEAD-
 BASED PAINT ACTIVITIES. THE COMMISSIONER SHALL ADOPT REGULATIONS, SUFFI-
 CIENT  TO  SATISFY  THE  REQUIREMENTS  OF 40 C.F.R. 745.325 OR SUCCESSOR
 REGULATION, GOVERNING (A) PROCEDURES AND REQUIREMENTS FOR  THE  ACCREDI-
 TATION  OF LEAD-BASED PAINT ACTIVITIES TRAINING PROGRAMS, (B) PROCEDURES
 AND REQUIREMENTS FOR THE CERTIFICATION OF INDIVIDUALS ENGAGED  IN  LEAD-
 BASED  PAINT  ACTIVITIES, (C) WORK PRACTICE STANDARDS FOR THE CONDUCT OF
 LEAD-BASED PAINT ACTIVITIES, (D) REQUIREMENTS THAT ALL LEAD-BASED  PAINT
 ACTIVITIES  BE CONDUCTED BY APPROPRIATELY CERTIFIED CONTRACTORS, AND (E)
 DEVELOPMENT OF THE APPROPRIATE INFRASTRUCTURE OR GOVERNMENT CAPACITY  TO
 EFFECTIVELY  CARRY  OUT  CLEAR ENFORCEMENT MECHANISMS AND PROCEDURES FOR
 UNANNOUNCED COMPLIANCE INSPECTIONS OF PROPERTIES AND FOR  RESPONDING  TO
 COMPLAINTS.
   §  5.  The tax law is amended by adding a new section 187-r to read as
 follows:
   § 187-R. LEAD HAZARD REDUCTION TAX CREDIT. 1. TAX  CREDIT  FOR  ACTIV-
 ITIES  RESULTING IN LEAD-FREE OR LEAD-CONTAINED STATUS. A TAXPAYER SHALL
 BE ALLOWED A CREDIT AGAINST TAXES IMPOSED BY THIS ARTICLE FOR ACTIVITIES
 NECESSARY TO BRING ANY AFFECTED PROPERTY  INTO  LEAD-FREE  OR  LEAD-CON-
 TAINED STATUS WITHIN THE MEANING OF SECTION FIVE HUNDRED ONE OF THE REAL
 PROPERTY LAW, PROVIDED THAT THE TAXPAYER COMPLIES WITH THE DOCUMENTATION
 REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
   2.  TAX CREDIT FOR MULTIPLE DWELLING UNITS LOCATED WITHIN EXEMPT MUNI-
 CIPALITIES. A TAXPAYER ALSO SHALL BE ELIGIBLE FOR THE TAX  CREDIT  UNDER
 SUBDIVISION  ONE  OF  THIS SECTION IF A DWELLING UNIT THAT SATISFIES ALL
 THE REQUIREMENTS FOR AN AFFECTED PROPERTY CONTAINED IN  SUBDIVISION  TWO
 OF  SECTION FIVE HUNDRED OF THE REAL PROPERTY LAW BUT SUCH DWELLING UNIT
 IS LOCATED IN AN EXEMPT MUNICIPALITY WITHIN THE MEANING OF SECTION  FIVE
 HUNDRED  OF  THE  REAL  PROPERTY  LAW.  IN SUCH CASE, THE TAXPAYER SHALL
 COMPLY WITH EQUIVALENT STANDARDS IN LOCAL LAWS CONCERNING  LEAD  HAZARDS
 THAT APPLY TO MULTIPLE DWELLINGS.
   3.  TAX CREDITS FOR CERTAIN RENOVATIONS AS PART OF ACHIEVING LEAD-STA-
 BILIZED STATUS. A TAXPAYER SHALL  BE  ALLOWED  A  CREDIT  AGAINST  TAXES
 IMPOSED BY THIS ARTICLE FOR THE COSTS OF CERTAIN ACTIVITIES NECESSARY TO
 BRING ANY AFFECTED PROPERTY INTO LEAD-STABILIZED STATUS WITHIN THE MEAN-
 ING  OF SECTION FIVE HUNDRED ONE OF THE REAL PROPERTY LAW, PROVIDED THAT
 THE EXPECTED USEFUL LIFE OF SUCH RENOVATIONS IS TEN YEARS  OR  MORE  AND
 THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF SUBDIVISION
 FOUR  OF THIS SECTION. THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL
 SHALL PROMULGATE REGULATIONS  DEFINING  THOSE  ACTIVITIES  NECESSARY  TO
 ACHIEVE LEAD-STABILIZED STATUS WITH AN EXPECTED USEFUL LIFE OF MORE THAN
 TEN  YEARS. TAXPAYERS WHO HAVE COMPLETED RENOVATIONS OF HABITABLE DWELL-
 ING UNITS CONTAINED IN MULTIPLE DWELLINGS, AS DEFINED IN SECTION FOUR OF
 THE MULTIPLE DWELLING LAW, IN AN EXEMPT MUNICIPALITY WITHIN THE  MEANING
 OF  SECTION  FIVE  HUNDRED  OF THE REAL PROPERTY LAW, SHALL BE ALLOWED A
 CREDIT UNDER THIS SUBDIVISION PROVIDED THAT THE TAXPAYER  COMPLIES  WITH
 SIMILAR  STANDARDS  IN  LOCAL LAWS CONCERNING LEAD HAZARDS THAT APPLY TO
 MULTIPLE DWELLINGS.
 S. 8453                            22
 
   4. DOCUMENTATION REQUIRED FOR CREDIT ALLOWANCE.  NO  CREDIT  SHALL  BE
 ALLOWED  UNDER SUBDIVISIONS ONE, TWO OR THREE OF THIS SECTION UNLESS THE
 TAXPAYER PROVIDES DOCUMENTATION TO THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL THAT:
   (A) THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN PERFORMED BY A CONTRACTOR
 ACCREDITED  PURSUANT  TO  SECTION FIVE HUNDRED FOUR OF THE REAL PROPERTY
 LAW;
   (B) THE AFFECTED PROPERTY WAS CONSTRUCTED PRIOR  TO  NINETEEN  HUNDRED
 SEVENTY;
   (C) THE TAXPAYER HAS PAID FOR THE ACTIVITIES DESCRIBED ABOVE; AND
   (D)  INCLUDES A WRITTEN CERTIFICATION OBTAINED BY THE TAXPAYER FROM AN
 INSPECTOR, ACCREDITED PURSUANT TO SECTION FIVE HUNDRED FOUR OF THE  REAL
 PROPERTY LAW, THAT THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN COMPLETED IN
 ACCORDANCE WITH ALL APPLICABLE REQUIREMENTS AND THAT EITHER:
   (I)  WHERE  APPLICABLE, THE AFFECTED PROPERTY OR PROPERTY UNIT CAN NOW
 BE CERTIFIED AS EITHER LEAD-FREE OR LEAD-CONTAINED  UNDER  SECTION  FIVE
 HUNDRED ONE OF THE REAL PROPERTY LAW; OR
   (II) WHERE APPLICABLE, THE AFFECTED PROPERTY HAS UNDERGONE RENOVATIONS
 THAT  SATISFY THE REQUIREMENTS ESTABLISHED BY REGULATION BY THE DIVISION
 OF HOUSING AND COMMUNITY RENEWAL  AS  ACTIVITIES  NECESSARY  TO  ACHIEVE
 LEAD-STABILIZED  STATUS  WITH  AN  EXPECTED USEFUL LIFE OF MORE THAN TEN
 YEARS.
   5. AMOUNT OF CREDIT. THE TAX CREDIT SHALL BE EQUAL TO THE AMOUNT ACTU-
 ALLY PAID FOR THE ACTIVITIES DESCRIBED IN THIS SUBDIVISION UP TO A MAXI-
 MUM OF THREE THOUSAND DOLLARS PER AFFECTED PROPERTY FOR A CREDIT ALLOWED
 UNDER EITHER SUBDIVISION ONE OR TWO OF THIS SECTION OR A MAXIMUM OF  ONE
 THOUSAND  FIVE  HUNDRED  DOLLARS  FOR A CREDIT ALLOWED UNDER SUBDIVISION
 THREE OF THIS SECTION.
   6. CARRY-OVER OF CREDIT. ANY AMOUNT OF TAX  CREDIT  NOT  USED  IN  THE
 TAXABLE  YEAR OF CERTIFICATION MAY BE CARRIED FORWARD AND APPLIED TO THE
 CORPORATION'S TAX LIABILITY FOR ANY ONE OR MORE OF THE  SUCCEEDING  FIVE
 TAXABLE  YEARS.  THE  CREDIT  MAY NOT BE APPLIED UNTIL ALL OTHER CREDITS
 AVAILABLE TO THE TAXPAYER FOR THAT TAXABLE YEAR HAVE BEEN APPLIED.
   § 6. Section 606 of the tax law is amended by adding a new  subsection
 (nnn) to read as follows:
   (NNN)  LEAD-HAZARD  REDUCTION  IN HOUSING TAX CREDIT. (1) ALLOWANCE OF
 CREDIT FOR ACTIVITIES RESULTING IN LEAD-FREE OR  LEAD-CONTAINED  STATUS.
 A  TAXPAYER SHALL BE ALLOWED A CREDIT AS PROVIDED IN THIS SUBSECTION FOR
 ACTIVITIES NECESSARY TO BRING ANY AFFECTED PROPERTY  INTO  LEAD-FREE  OR
 LEAD-CONTAINED  STATUS WITHIN THE MEANING OF SECTION FIVE HUNDRED ONE OF
 THE REAL PROPERTY LAW, PROVIDED THAT  THE  TAXPAYER  COMPLIES  WITH  THE
 DOCUMENTATION REQUIREMENTS OF PARAGRAPH FOUR OF THIS SUBSECTION.
   (2)  TAX CREDIT FOR SIMILAR DWELLING UNITS LOCATED WITHIN EXEMPT MUNI-
 CIPALITIES WITHIN THE MEANING OF SECTION FIVE HUNDRED OF THE REAL  PROP-
 ERTY  LAW.  A  TAXPAYER  ALSO SHALL BE ELIGIBLE FOR THE TAX CREDIT UNDER
 PARAGRAPH ONE OF THIS SUBSECTION IF A DWELLING UNIT THAT  SATISFIES  ALL
 THE  REQUIREMENTS  FOR AN AFFECTED PROPERTY CONTAINED IN SUBDIVISION TWO
 OF SECTION FIVE HUNDRED OF THE REAL PROPERTY LAW BUT SUCH DWELLING  UNIT
 IS  LOCATED IN AN EXEMPT MUNICIPALITY WITHIN THE MEANING OF SECTION FIVE
 HUNDRED OF THE REAL PROPERTY LAW.  IN  SUCH  CASE,  THE  TAXPAYER  SHALL
 COMPLY  WITH  EQUIVALENT STANDARDS IN LOCAL LAWS CONCERNING LEAD HAZARDS
 THAT APPLY TO MULTIPLE DWELLINGS.
   (3) TAX CREDITS FOR CERTAIN RENOVATIONS AS PART OF ACHIEVING LEAD-STA-
 BILIZED STATUS. A TAXPAYER SHALL  BE  ALLOWED  A  CREDIT  AGAINST  TAXES
 IMPOSED BY THIS ARTICLE FOR THE COSTS OF CERTAIN ACTIVITIES NECESSARY TO
 BRING ANY AFFECTED PROPERTY INTO LEAD-STABILIZED STATUS WITHIN THE MEAN-
 S. 8453                            23
 
 ING  OF SECTION FIVE HUNDRED ONE OF THE REAL PROPERTY LAW, PROVIDED THAT
 THE EXPECTED USEFUL LIFE OF SUCH RENOVATIONS IS TEN YEARS  OR  MORE  AND
 THE  TAXPAYER  COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF PARAGRAPH
 FOUR  OF  THIS  SUBSECTION.  THE  COMMISSIONER  OF HOUSING AND COMMUNITY
 RENEWAL SHALL PROMULGATE REGULATIONS DEFINING THOSE ACTIVITIES NECESSARY
 TO ACHIEVE LEAD-STABILIZED STATUS WITH AN EXPECTED USEFUL LIFE  OF  MORE
 THAN  TEN  YEARS.  TAXPAYERS WHO HAVE COMPLETED RENOVATIONS OF HABITABLE
 DWELLING UNITS CONTAINED IN MULTIPLE DWELLINGS, AS  DEFINED  IN  SECTION
 FOUR  OF  THE MULTIPLE DWELLING LAW IN AN EXEMPT MUNICIPALITY WITHIN THE
 MEANING OF SECTION FIVE HUNDRED OF THE REAL PROPERTY LAW ALSO  SHALL  BE
 ALLOWED  A  CREDIT  UNDER  THIS  PARAGRAPH  PROVIDED  THAT  THE TAXPAYER
 COMPLIES WITH SIMILAR STANDARDS IN LOCAL LAWS  CONCERNING  LEAD  HAZARDS
 THAT APPLY TO MULTIPLE DWELLINGS.
   (4)  DOCUMENTATION  REQUIRED  FOR CREDIT ALLOWANCE. NO CREDIT SHALL BE
 ALLOWED UNDER PARAGRAPH ONE, TWO OR THREE OF THIS SUBSECTION UNLESS  THE
 TAXPAYER PROVIDES DOCUMENTATION TO THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL THAT:
   (A) THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN PERFORMED BY A CONTRACTOR
 ACCREDITED  PURSUANT  TO  SECTION FIVE HUNDRED FOUR OF THE REAL PROPERTY
 LAW;
   (B) THE AFFECTED PROPERTY WAS CONSTRUCTED PRIOR  TO  NINETEEN  HUNDRED
 SEVENTY;
   (C) THE TAXPAYER HAS PAID FOR THE ACTIVITIES DESCRIBED ABOVE; AND
   (D)  INCLUDES A WRITTEN CERTIFICATION OBTAINED BY THE TAXPAYER FROM AN
 INSPECTOR, ACCREDITED PURSUANT TO SECTION FIVE HUNDRED FOUR OF THE  REAL
 PROPERTY LAW, THAT THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN COMPLETED IN
 ACCORDANCE WITH ALL APPLICABLE REQUIREMENTS AND THAT EITHER:
   (I)  WHERE  APPLICABLE,  THE AFFECTED PROPERTY CAN NOW BE CERTIFIED AS
 EITHER LEAD-FREE OR LEAD-CONTAINED UNDER SECTION FIVE HUNDRED ONE OF THE
 REAL PROPERTY LAW; OR
   (II) WHERE APPLICABLE, THE AFFECTED PROPERTY HAS UNDERGONE RENOVATIONS
 THAT SATISFY THE REQUIREMENTS ESTABLISHED BY REGULATION BY THE  DIVISION
 OF  HOUSING  AND  COMMUNITY  RENEWAL  AS ACTIVITIES NECESSARY TO ACHIEVE
 LEAD-STABILIZED STATUS WITH AN EXPECTED USEFUL LIFE  OF  MORE  THAN  TEN
 YEARS.
   (5)  THE  TAX CREDIT PURSUANT TO THIS SUBSECTION SHALL BE AVAILABLE TO
 SOMEONE WHO OWNS AND OCCUPIES HIS OR HER OWN DWELLING UNIT IN  THE  SAME
 MANNER  AND  TO  THE  SAME  EXTENT AS IT IS AVAILABLE TO THE OWNER OF AN
 AFFECTED PROPERTY WHO LEASES THE PREMISES.
   (6) AMOUNT OF CREDIT. THE TAX CREDIT SHALL  BE  EQUAL  TO  THE  AMOUNT
 ACTUALLY  PAID  FOR  THE ACTIVITIES DESCRIBED IN THIS SUBSECTION UP TO A
 MAXIMUM OF THREE THOUSAND DOLLARS PER AFFECTED  PROPERTY  FOR  A  CREDIT
 ALLOWED  UNDER EITHER PARAGRAPH ONE OR TWO OF THIS SUBSECTION OR A MAXI-
 MUM OF ONE THOUSAND FIVE HUNDRED DOLLARS  FOR  A  CREDIT  ALLOWED  UNDER
 PARAGRAPH THREE OF THIS SUBSECTION.
   (7)  APPLICATION  OF  CREDIT. ANY AMOUNT OF TAX CREDIT NOT USED IN THE
 TAXABLE YEAR OF CERTIFICATION MAY BE CARRIED FORWARD AND APPLIED TO  THE
 INDIVIDUAL'S  TAX  LIABILITY  FOR ANY ONE OR MORE OF THE SUCCEEDING FIVE
 TAXABLE YEARS. THE CREDIT MAY NOT BE APPLIED  UNTIL  ALL  OTHER  CREDITS
 AVAILABLE TO THE TAXPAYER FOR THAT TAXABLE YEAR HAVE BEEN APPLIED.
   § 7. The state finance law is amended by adding a new section 99-pp to
 read as follows:
   §  99-PP.  RESIDENTIAL  PROPERTY  LEAD-BASED  PAINT  HAZARD  ABATEMENT
 REVOLVING LOAN FUND. 1. THERE IS CREATED, AS A SEPARATE FUND WITHIN  THE
 GENERAL  FUND,  IN  THE CUSTODY OF THE COMPTROLLER A FUND TO BE KNOWN AS
 THE RESIDENTIAL PROPERTY LEAD-BASED  PAINT  HAZARD  ABATEMENT  REVOLVING
 S. 8453                            24
 
 LOAN FUND. SUCH FUND SHALL CONSIST OF PROCEEDS RECEIVED FROM THE SALE OF
 BONDS PURSUANT TO SUBDIVISION TWO OF THIS SECTION, FEES COLLECTED PURSU-
 ANT TO SECTION FIVE HUNDRED EIGHT OF THE REAL PROPERTY LAW, AND ANY SUMS
 THAT  THE  STATE  MAY  FROM  TIME  TO  TIME DEEM APPROPRIATE, AS WELL AS
 DONATIONS, GIFTS, BEQUESTS, OR OTHERWISE  FROM  ANY  PUBLIC  OR  PRIVATE
 SOURCE,  WHICH MONEY IS INTENDED TO ASSIST OWNERS OF RESIDENTIAL PROPER-
 TIES IN MEETING THE STANDARDS FOR  EITHER  LEAD-FREE  OR  LEAD-CONTAINED
 CERTIFICATION  PURSUANT TO SECTION FIVE HUNDRED ONE OF THE REAL PROPERTY
 LAW, OR, FOR MULTIPLE DWELLINGS IN AN  EXEMPT  MUNICIPALITY  WITHIN  THE
 MEANING  OF  SECTION  FIVE  HUNDRED OF THE REAL PROPERTY LAW, COMPLIANCE
 WITH LOCAL LAWS CONCERNING THE CONTROL OF LEAD-BASED  PAINT  HAZARDS  IN
 SUCH MULTIPLE DWELLINGS.
   2.  THE STATE SHALL ISSUE BONDS IN AN AMOUNT SPECIFIED FOR THE PURPOSE
 OF FUNDING THE RESIDENTIAL PROPERTY LEAD ABATEMENT REVOLVING LOAN FUND.
   (A) ANY BONDS ISSUED OR TO BE  ISSUED  PURSUANT  TO  THIS  SUBDIVISION
 SHALL  BE  SUBJECT TO ALL THE REQUIREMENTS AND CONDITIONS ESTABLISHED BY
 THE STATE FOR THE SALE OF BONDS.
   (B) THE INTEREST RATE AND OTHER TERMS  UPON  WHICH  BONDS  ARE  ISSUED
 PURSUANT  TO  THIS SUBDIVISION SHALL NOT CREATE A PROSPECTIVE OBLIGATION
 OF THE STATE OF NEW YORK IN EXCESS OF THE AMOUNT OF  REVENUES  THAT  CAN
 REASONABLY  BE  EXPECTED  FROM  THE  LOAN  REPAYMENTS, INTERESTS ON SUCH
 LOANS, AND FEES THAT THE STATE OF NEW  YORK  CAN  REASONABLY  EXPECT  TO
 CHARGE  UNDER  THE  PROVISIONS  OF ARTICLE NINETEEN OF THE REAL PROPERTY
 LAW.
   (C) ALL MONEY RECEIVED FROM THE SALE OF BONDS SHALL BE DEPOSITED  INTO
 THE RESIDENTIAL PROPERTY LEAD ABATEMENT REVOLVING LOAN FUND.
   3. THE COMPTROLLER SHALL CONTRACT FOR THE ADMINISTRATION AND DISBURSE-
 MENT OF FUNDING. THE DEPUTY COMMISSIONER OF HEALTH SHALL ADOPT RULES AND
 REGULATIONS WHICH PROVIDE FOR THE ORDERLY AND EQUITABLE DISBURSEMENT AND
 REPAYMENT OF FUNDS.
   4.  FUNDS  PLACED  IN THE RESIDENTIAL PROPERTY LEAD-BASED PAINT HAZARD
 ABATEMENT REVOLVING LOAN FUND SHALL BE MADE AVAILABLE, AT THE DISCRETION
 OF THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, TO
 THE OWNERS OF AFFECTED PROPERTIES INCLUDING THOSE LOCATED WITHIN  EXEMPT
 MUNICIPALITIES  WITHIN  THE  MEANING OF SECTION FIVE HUNDRED OF THE REAL
 PROPERTY LAW, AND TO NON-PROFIT ORGANIZATIONS FOR THE PURPOSE OF  BRING-
 ING  AFFECTED  PROPERTIES  INTO  COMPLIANCE WITH THE STANDARDS FOR LEAD-
 FREE, LEAD-CONTAINED, OR LEAD-STABILIZED PROPERTY STATUS AS SPECIFIED BY
 SECTION FIVE HUNDRED ONE OF THE REAL  PROPERTY  LAW,  OR,  FOR  MULTIPLE
 DWELLINGS  IN  AN EXEMPT MUNICIPALITY WITHIN THE MEANING OF SECTION FIVE
 HUNDRED OF THE REAL PROPERTY LAW, COMPLIANCE WITH LOCAL LAWS  CONCERNING
 THE  CONTROL  OF LEAD-BASED PAINT HAZARDS IN SUCH MULTIPLE DWELLINGS. AN
 OWNER OF A PRE-NINETEEN HUNDRED SEVENTY PROPERTY WHO OWNS  AND  OCCUPIES
 THE  DWELLING UNIT SHALL BE ELIGIBLE FOR LOANS UNDER THIS SECTION IN THE
 SAME MANNER, AND TO THE SAME EXTENT, AS AN OWNER OF AN AFFECTED  PROPER-
 TY.
   5.  LOANS  MADE  AVAILABLE UNDER THE PROVISIONS OF THIS SECTION MAY BE
 MADE DIRECTLY, OR IN COOPERATION WITH OTHER PUBLIC AND PRIVATE  LENDERS,
 OR  ANY  AGENCY,  DEPARTMENT, OR BUREAU OF THE FEDERAL GOVERNMENT OR THE
 STATE.
   6. THE PROCEEDS FROM THE REPAYMENT OF ANY LOANS MADE FOR THAT  PURPOSE
 SHALL  BE  DEPOSITED  IN  AND  RETURNED TO THE RESIDENTIAL PROPERTY LEAD
 ABATEMENT REVOLVING LOAN FUND TO CONSTITUTE A CONTINUING REVOLVING  FUND
 FOR THE PURPOSES PROVIDED IN THIS SECTION.
   7. THE DEPUTY COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL TAKE
 ANY  ACTION  NECESSARY  TO  OBTAIN  FEDERAL  ASSISTANCE  FOR LEAD HAZARD
 S. 8453                            25
 
 REDUCTION TO BE USED IN CONJUNCTION WITH THE RESIDENTIAL  PROPERTY  LEAD
 ABATEMENT REVOLVING LOAN FUND.
   §  8.    Paragraph a of subdivision 2 of section 302-a of the multiple
 dwelling law, as added by chapter 911 of the laws of 1965, is amended to
 read as follows:
   a. A "rent impairing" violation within the  meaning  of  this  section
 shall designate a condition in a multiple dwelling which, in the opinion
 of  the  department,  constitutes,  or  if  not promptly corrected, will
 constitute, a fire hazard, A LEAD-BASED PAINT HAZARD WITHIN THE  MEANING
 OF  SUBDIVISION  TWENTY-SIX OF SECTION FIVE HUNDRED OF THE REAL PROPERTY
 LAW, or a serious threat to the life,  health  or  safety  of  occupants
 thereof.
   §  9.  Paragraph  a  of subdivision 2 of section 305-a of the multiple
 residence law, as added by chapter 291 of the laws of 1966,  is  amended
 to read as follows:
   a.  A  "rent  impairing"  violation within the meaning of this section
 shall designate a condition in a multiple dwelling which, in the opinion
 of the state building code council,  constitutes,  or  if  not  promptly
 corrected,  will  constitute,  a  fire hazard, A LEAD-BASED PAINT HAZARD
 WITHIN THE MEANING OF SUBDIVISION TWENTY-SIX OF SECTION FIVE HUNDRED  OF
 THE REAL PROPERTY LAW, or a serious threat to the life, health or safety
 of occupants thereof.
   § 10. The social services law is amended by adding a new section 131-y
 to read as follows:
   § 131-Y. SUPPLEMENTAL SHELTER ALLOWANCE. EVERY PUBLIC WELFARE OFFICIAL
 SHALL  PAY,  IN ADDITION TO THE SHELTER ALLOWANCE COMPONENTS ESTABLISHED
 BY THE DEPARTMENT PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE-A  OF  THIS
 TITLE,  A  SUPPLEMENTAL  SHELTER ALLOWANCE FOR UNITS FOR WHICH THE OWNER
 HAS SUBMITTED DOCUMENTATION CERTIFYING THAT  THE  DWELLING  UNIT  IS  IN
 COMPLIANCE  WITH  SUBDIVISION SEVEN OF SECTION ONE HUNDRED FORTY-THREE-B
 OF THIS TITLE. THIS MONTHLY LEAD-SAFE HOUSING SUPPLEMENT SHALL BE IN THE
 AMOUNT OF ONE HUNDRED DOLLARS FOR EFFICIENCY OR ONE-BEDROOM  UNITS;  ONE
 HUNDRED  FIFTY  DOLLARS  FOR  TWO-BEDROOM UNITS; TWO HUNDRED DOLLARS FOR
 THREE-BEDROOM UNITS; AND TWO HUNDRED FIFTY DOLLARS FOR UNITS  WITH  FOUR
 OR MORE BEDROOMS; OR SUCH HIGHER AMOUNTS AS THE DEPARTMENT MAY ESTABLISH
 BY REGULATION AS APPROPRIATE TO INDUCE LANDLORDS IN HIGH RISK LEAD-PAINT
 POISONING  AREAS  TO  VOLUNTARILY  REMOVE  LEAD-PAINT HAZARDS FROM THEIR
 UNITS USING LEAD SAFE WORK PRACTICES. THIS SUPPLEMENTAL  SHELTER  ALLOW-
 ANCE  FOR  LEAD-SAFE HOUSING SHALL BE PAID FOR A PERIOD OF TWELVE MONTHS
 FOLLOWING THE SUBMISSION OF THE MOST RECENT CERTIFICATION OF  COMPLIANCE
 AND  SHALL  BE  RENEWED  FOR  SUBSEQUENT  TWELVE-MONTH  PERIODS UPON THE
 SUBMISSION OF FURTHER  CERTIFICATIONS  OF  COMPLIANCE  BASED  UPON  MORE
 RECENT INSPECTIONS.
   §  11.  Subdivision  2 of section 143-b of the social services law, as
 added by chapter 997 of the laws of 1962, is amended and a new  subdivi-
 sion 7 is added to read as follows:
   2.  Every  public welfare official shall have power to and [may] SHALL
 withhold the payment of any such rent in any case where he  OR  SHE  has
 knowledge that there exists or there is outstanding any violation of law
 in  respect  to the building containing the housing accommodations occu-
 pied by the person entitled  to  such  assistance  which  is  dangerous,
 hazardous  or  detrimental  to  life  or  health.  A report of each such
 violation shall be made to the appropriate public welfare department  by
 the   appropriate   department   or   agency  having  jurisdiction  over
 violations.
 S. 8453                            26
 
   7. NO STATE OR LOCAL AGENCY SHALL ARRANGE TO PLACE A FAMILY CONSISTING
 OF A PERSON OR PERSONS UNDER SEVEN YEARS OF  AGE  OR  A  KNOWN  PREGNANT
 WOMAN  IN ANY DWELLING UNIT CONSTRUCTED PRIOR TO NINETEEN HUNDRED SEVEN-
 TY, OR, IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, ANY DWELLING
 UNIT CONSTRUCTED PRIOR TO NINETEEN HUNDRED SIXTY, FOR WHICH RENT IS PAID
 IN  ANY  PART  WITH STATE FUNDS UNLESS SUCH DWELLING UNIT HAS BEEN FIRST
 INSPECTED BY A PERSON ACCREDITED PURSUANT TO SECTION FIVE  HUNDRED  FOUR
 OF  THE REAL PROPERTY LAW, AND DETERMINED TO BE FREE OF LEAD-BASED PAINT
 HAZARDS, AS DEFINED BY SUBDIVISION TWENTY-SIX OF SECTION FIVE HUNDRED OF
 THE REAL PROPERTY LAW, AND UNLESS SUCH AGENCY HAS FIRST OBTAINED  APPRO-
 PRIATE  DOCUMENTATION  ACCEPTABLE TO THE COMMISSIONER THAT SUCH DWELLING
 UNIT IS IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION FIVE HUNDRED  ONE
 OF  THE REAL PROPERTY LAW, OR, FOR MULTIPLE DWELLINGS IN AN EXEMPT MUNI-
 CIPALITY WITHIN THE MEANING OF SECTION FIVE HUNDRED OF THE REAL PROPERTY
 LAW, IN COMPLIANCE WITH LOCAL LAWS CONCERNING THE CONTROL OF  LEAD-BASED
 PAINT  HAZARDS  IN  SUCH  MULTIPLE  DWELLINGS. A WRITTEN REPORT SHALL BE
 PREPARED OF ANY INSPECTION PERFORMED PURSUANT TO  THIS  SUBDIVISION  AND
 SHALL BE PROVIDED TO THE FAMILY.
   §  12. Section 390-a of the social services law is amended by adding a
 new subdivision 2-a to read as follows:
   2-A. NO LICENSE OR REGISTRATION SHALL BE ISSUED TO A  CHILD  DAY  CARE
 CENTER,  A  FAMILY DAY CARE HOME, OR A GROUP FAMILY DAY CARE HOME AND NO
 SUCH REGISTRATION SHALL BE RENEWED UNTIL IT  CAN  BE  DEMONSTRATED  THAT
 THOSE  PORTIONS  OF  THE  FACILITY  IN WHICH SUCH CHILD DAY CARE CENTER,
 FAMILY DAY CARE HOME, OR GROUP FAMILY DAY CARE HOME IS LOCATED AND THOSE
 PORTIONS OF SUCH FACILITY THAT ARE READILY  ACCESSIBLE  TO  CHILDREN  IN
 SUCH  CHILD  DAY  CARE CENTER, FAMILY DAY CARE HOME, OR GROUP FAMILY DAY
 CARE HOME, MEET THE STANDARDS FOR LEAD-FREE PROPERTY  STATUS,  LEAD-CON-
 TAINED  PROPERTY STATUS, OR LEAD-STABILIZED PROPERTY STATUS SET FORTH IN
 SECTION FIVE HUNDRED ONE OF THE REAL  PROPERTY  LAW,  OR,  FOR  MULTIPLE
 DWELLINGS  IN AN EXEMPT MUNICIPALITY WITHIN THE MEANING OF SECTION FIVE-
 HUNDRED OF THE REAL PROPERTY LAW, WITH ALL  LOCAL  LAWS  CONCERNING  THE
 CONTROL  OF  LEAD-BASED  PAINT  HAZARDS  THAT APPLY TO MULTIPLE DWELLING
 UNITS WHERE CHILDREN RESIDE.
   § 13. Subdivision 2 of section 1370  of  the  public  health  law,  as
 amended  by  chapter  485  of  the  laws  of 1992, is amended to read as
 follows:
   2. "Area of high risk" means an area designated as such by the commis-
 sioner or his OR HER representative, IN CONJUNCTION WITH THE COMMISSION-
 ER OF HOUSING AND COMMUNITY RENEWAL,  and  consisting  of  one  or  more
 dwellings  in  which a condition conducive to lead poisoning of children
 is present OR, ADDITIONALLY, ANY CENSUS TRACT OR BLOCK GROUP WITHIN  THE
 STATE WHERE, DURING ANY SINGLE YEAR, MORE THAN TWENTY-FIVE CHILDREN HAVE
 BEEN IDENTIFIED WITH ELEVATED BLOOD LEAD LEVELS.
   § 14. Section 1370-a of the public health law is amended by adding two
 new subdivisions 4 and 5 to read as follows:
   4.  THE  DEPARTMENT SHALL, IN CONJUNCTION WITH THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL PURSUANT TO SECTION FIVE HUNDRED TWO OF  THE  REAL
 PROPERTY  LAW,  IDENTIFY  AND DESIGNATE AS AREAS OF HIGH RISK ANY CENSUS
 TRACT OR BLOCK GROUP IN THE STATE IN WHICH DURING ANY SINGLE YEAR,  MORE
 THAN  TWENTY-FIVE CHILDREN HAVE BEEN IDENTIFIED WITH ELEVATED BLOOD LEAD
 LEVELS.
   5. WITHIN THREE MONTHS AFTER THE CLOSE OF THE FISCAL YEAR, THE COMMIS-
 SIONER, IN COLLABORATION WITH THE DEPUTY COMMISSIONER OF THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL, SHALL  REPORT  TO  THE  ADVISORY  COUNCIL
 ESTABLISHED  IN  SECTION THIRTEEN HUNDRED SEVENTY-B OF THIS TITLE ON THE
 S. 8453                            27
 
 DEPARTMENT'S IMPLEMENTATION OF THIS SECTION DURING THE PRECEDING PERIOD.
 SUCH REPORT SHALL BE PUBLICLY AVAILABLE AND SHALL INCLUDE, AT A MINIMUM,
 A DETAILED STATEMENT OF REVENUE AND EXPENDITURES AND  STATEMENT  OF  THE
 DEPARTMENT'S PROGRAM, SUPPORTED BY A STATISTICAL SECTION WITH GEOGRAPHIC
 INDEXING  DESIGNED TO PROVIDE A DETAILED EXPLANATION OF THE DEPARTMENT'S
 ENFORCEMENT, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
   (A) A STATISTICAL PROFILE OF DWELLINGS IN WHICH VIOLATIONS  HAVE  BEEN
 PLACED  PURSUANT  TO  THIS TITLE AND PURSUANT TO ARTICLE NINETEEN OF THE
 REAL PROPERTY LAW, INDICATING  THE  AGES  OF  THE  DWELLINGS  AND  OTHER
 FACTORS  RELEVANT  TO  THE PREVALENCE OF LEAD-BASED PAINT HAZARDS, WHICH
 MAY INCLUDE THE PRIOR LEAD POISONINGS OR REPORTS OF ELEVATED BLOOD  LEAD
 LEVELS  OF  OCCUPANTS IN THE DWELLING, OUTSTANDING VIOLATIONS, EMERGENCY
 REPAIR CHARGES, TAX ARREARS AND MORTGAGE DEBT;
   (B) THE NUMBER OF DWELLING UNITS INSPECTED BY THE DEPARTMENT OR  OTHER
 STATE  OR  LOCAL  AGENCY  PURSUANT  TO THIS TITLE OR PURSUANT TO ARTICLE
 NINETEEN OF THE REAL PROPERTY LAW, AND THE NUMBER OF INSPECTORS ASSIGNED
 TO CONDUCT SUCH INSPECTIONS;
   (C) THE NUMBER OF DWELLING UNITS IN WHICH THE OCCUPANT  COMPLAINED  OF
 PEELING  PAINT  OR A DETERIORATED SUBSURFACE AND THE NUMBER OF PRE-NINE-
 TEEN HUNDRED SEVENTY-EIGHT DWELLING UNITS IN WHICH THE EXISTENCE OF SUCH
 CONDITIONS WERE CONFIRMED BY THE DEPARTMENT  OR  OTHER  STATE  OR  LOCAL
 AGENCY;
   (D) THE NUMBER OF DWELLING UNITS IN WHICH THE OCCUPANT COMPLAINED OF A
 VIOLATION OF ARTICLE NINETEEN OF THE REAL PROPERTY LAW AND THE NUMBER OF
 PRE-NINETEEN HUNDRED SEVENTY-EIGHT DWELLING UNITS IN WHICH THE EXISTENCE
 OF  SUCH CONDITIONS WERE CONFIRMED BY THE DIVISION OF HOUSING AND COMMU-
 NITY RENEWAL OR OTHER STATE OR LOCAL AGENCY;
   (E) THE NUMBER OF DWELLING UNITS  IN  WHICH  A  VIOLATION  WAS  PLACED
 PURSUANT  TO THIS TITLE, WHETHER THE VIOLATION WAS PLACED IN RESPONSE TO
 AN OCCUPANT'S COMPLAINT OR OTHERWISE;
   (F) THE NUMBER OF DWELLING UNITS IN WHICH A VIOLATION OF ARTICLE NINE-
 TEEN OF THE REAL PROPERTY LAW WAS  PLACED,  WHETHER  THE  VIOLATION  WAS
 PLACED IN RESPONSE TO AN OCCUPANT'S COMPLAINT OR OTHERWISE;
   (G)  AN  EVALUATION  OF THE DEPARTMENT'S CAPABILITY TO TIMELY INSPECT,
 SERVE A NOTICE OF VIOLATION, AND ENFORCE THE CORRECTION OF VIOLATIONS;
   (H) AN EVALUATION OF THE DIVISION OF HOUSING AND  COMMUNITY  RENEWAL'S
 CAPABILITY  TO  TIMELY INSPECT, SERVE A NOTICE OF VIOLATION, AND ENFORCE
 THE CORRECTION OF VIOLATIONS;
   (I) AN EVALUATION OF THE DIVISION OF HOUSING AND  COMMUNITY  RENEWAL'S
 IMPLEMENTATION  OF  A  PROGRAM  OF  INSPECTION  PURSUANT TO SECTION FIVE
 HUNDRED TWO OF THE REAL PROPERTY LAW; AND
   (J) A TABULATION OF ALL MUNICIPALITIES, CENSUS TRACTS, OR CENSUS BLOCK
 GROUPS WHICH HAVE IN  ANY  YEAR  MORE  THAN  TWENTY-FIVE  CHILDREN  WITH
 ELEVATED  BLOOD  LEAD LEVELS, INCLUDING TOTALS OF THE NUMBER OF CHILDREN
 WITH SUCH ELEVATED BLOOD LEAD LEVELS BY FIVE POINT INCREMENTS.
   § 15. Subdivision 1 of section 1371  of  the  public  health  law,  as
 amended  by chapter 485 of the laws of 1992 and as designated by chapter
 721 of the laws of 1993, is amended to read as follows:
   1. No person shall manufacture, sell or hold for sale a children's toy
 or children's furniture having paint or  other  similar  surface-coating
 material  thereon  containing more than [.06] .009 of one per centum (90
 PARTS PER MILLION) of metallic lead based on the  total  weight  of  the
 contained solids or dried paint film.
   § 16. Section 1372 of the public health law, as amended by chapter 485
 of the laws of 1992, is amended to read as follows:
 S. 8453                            28
 
   §  1372.  Use  of  leaded  paint. No person shall apply paint or other
 similar surface-coating material containing more than [.06] .009 of  one
 per  centum  (90  PARTS PER MILLION) of metallic lead based on the total
 weight of the contained solids or  dried  paint  film  to  any  interior
 surface, window sill, window frame or porch of a dwelling.
   §  17. This act shall take effect immediately; provided, however, that
 section 508 of the real property law, as added by section three of  this
 act, shall expire and be deemed repealed when the commissioner of health
 certifies  that  a  period of 24 months has elapsed since the department
 identified a child with an elevated blood lead level  through  screening
 by health care providers under section thirteen hundred seventy-c of the
 public health law; provided that the commissioner of health shall notify
 the  legislative  bill  drafting  commission  upon the occurrence of the
 certification required by this section in order that the commission  may
 maintain an accurate and timely effective data base of the official text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.