senate Bill S5097A

Signed By Governor
2021-2022 Legislative Session

Relates to the remediation and prevention of indoor mold and requiring the disclosure of indoor mold history upon the sale of certain real property

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A3714 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 16, 2022 signed chap.690
Dec 06, 2022 delivered to governor
Jun 01, 2022 returned to assembly
passed senate
3rd reading cal.1753
substituted for s5097a
Jun 01, 2022 substituted by a3714
ordered to third reading cal.1753
committee discharged and committed to rules
May 10, 2022 print number 5097a
May 10, 2022 amend (t) and recommit to finance
Mar 09, 2022 reported and committed to finance
Jan 05, 2022 referred to housing, construction and community development
Jun 10, 2021 committed to rules
May 10, 2021 advanced to third reading
May 05, 2021 2nd report cal.
May 04, 2021 1st report cal.918
Feb 23, 2021 referred to housing, construction and community development

Votes

view votes

Jun 1, 2022 - Rules committee Vote

S5097A
14
6
committee
14
Aye
6
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Mar 9, 2022 - Housing, Construction and Community Development committee Vote

S5097
7
3
committee
7
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 9, 2022

aye wr (1)

May 4, 2021 - Housing, Construction and Community Development committee Vote

S5097
8
2
committee
8
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 4, 2021

nay (2)
aye wr (1)

S5097 - Details

See Assembly Version of this Bill:
A3714
Law Section:
Real Property Law
Laws Affected:
Amd §462, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4549
2011-2012: S3121, A1466
2013-2014: S1820, A1127
2015-2016: S3756, A969
2017-2018: S2142, A4964
2019-2020: S1446, A662, A10895

S5097 - Summary

Requires the disclosure of indoor mold history upon the sale of certain real property.

S5097 - Sponsor Memo

S5097 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5097
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to amend the public housing law, the public health law, and the
   real property law, in relation to the remediation  and  prevention  of
   indoor  mold  and requiring the disclosure of indoor mold history upon
   the sale of certain real property; and to amend the real property  law
   and  the  administrative  code of the city of New York, in relation to
   requiring notice of indoor mold  history  to  prospective  lessees  of
   apartments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public housing law is amended by adding a  new  section
 16-a to read as follows:
   §  16-A.  POWERS AND DUTIES OF THE COMMISSIONER WITH RESPECT TO INDOOR
 MOLD. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MOLD" MEANS ANY FORM OF MULTICELLULAR FUNGI THAT LIVE ON PLANT OR
 ANIMAL MATTER AND IN INDOOR ENVIRONMENTS. TYPES OF MOLD INCLUDE, BUT ARE
 NOT  LIMITED  TO,  CLADOSPORIUM,  PENICILLIUM,  ALTERNARIA, ASPERGILLUS,
 FUSARIUM, TRICHODERMA, MEMNONIELLA, MUCOR, AND  STACHYBOTRYS  CHARTARUM,
 OFTEN FOUND IN WATER DAMAGED BUILDING MATERIALS.
   (B) "AFFECT" MEANS TO CAUSE A CONDITION BY THE PRESENCE OF MOLD IN THE
 DWELLING  UNIT,  BUILDING,  APPURTENANT  STRUCTURE, COMMON WALL, HEATING
 SYSTEM, OR VENTILATING AND AIR  CONDITIONING  SYSTEM  THAT  AFFECTS  THE
 INDOOR AIR QUALITY OF A DWELLING UNIT OR BUILDING.
   (C)  "ACCEPTABLE  EXPOSURE  LIMIT" MEANS A LEVEL OF MOLD THAT WILL NOT
 ADVERSELY AFFECT THE HEALTH OF RESIDENTS OF PUBLIC  HOUSING  UNITS,  AND
 DOES NOT POSE A SIGNIFICANT THREAT TO THE PUBLIC HEALTH.
   2.  PROCEDURES  FOR  THE  REMEDIATION AND PREVENTION OF MOLD IN PUBLIC
 HOUSING. THE COMMISSIONER IS HEREBY DIRECTED AND  AUTHORIZED  TO  CREATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S5097A (ACTIVE) - Details

See Assembly Version of this Bill:
A3714
Law Section:
Real Property Law
Laws Affected:
Amd §462, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4549
2011-2012: S3121, A1466
2013-2014: S1820, A1127
2015-2016: S3756, A969
2017-2018: S2142, A4964
2019-2020: S1446, A662, A10895

S5097A (ACTIVE) - Summary

Requires the disclosure of indoor mold history upon the sale of certain real property.

S5097A (ACTIVE) - Sponsor Memo

S5097A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5097--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  --  recommitted  to  the Committee on Housing,
   Construction and Community Development in accordance with Senate  Rule
   6,  sec.  8 -- reported favorably from said committee and committed to
   the Committee  on  Finance  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  real property law, in relation to requiring the
   disclosure of indoor mold history upon the sale of certain real  prop-
   erty
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 2 of section 462 of the real property law,  as
 added by chapter 456 of the laws of 2001, is amended to read as follows:
   2. The following shall be the disclosure form:
                  PROPERTY CONDITION DISCLOSURE STATEMENT
 NAME OF SELLER OR SELLERS:
 PROPERTY ADDRESS:
   THE  PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY  THEREOF
 TO  BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
 BUYER OF A BINDING CONTRACT OF SALE.
   PURPOSE OF STATEMENT: THIS IS A STATEMENT OF  CERTAIN  CONDITIONS  AND
 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
 STATEMENT  IS  NOT  A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE  FOR
 ANY  INSPECTIONS  OR  TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
   A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON  THIS  FORM
 MAY  SUBJECT  THE  SELLER  TO  CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00335-02-2

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