Senate Bill S6969

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6969
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, the tax law,  the  real  property
   law  and the multiple dwelling law, in relation to enacting the "Lead-
   Free Homes Act"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Lead-Free Homes Act".
   § 2. Section 1370 of the public health law, as amended by chapter  485
 of  the laws of 1992, subdivision 6 as amended by section 1 of part P of
 chapter 57 of the laws of 2019, is amended to read as follows:
   § 1370. Definitions. When used in this title, the following words  and
 phrases  shall  have  the following meanings, unless the context clearly
 requires otherwise:
   1. "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].
   2. "SCHOOL MEANS ANY PUBLIC OR  PRIVATE  child  care  [facilities  for
 children  under  six  years  of  age, kindergartens and nursery schools]
 FACILITY, CHILD CARING CENTER, DAY NURSERY,  DAY  CARE  AGENCY,  NURSERY
 SCHOOL,   PRE-SCHOOL,   PRE-KINDERGARTEN,  KINDERGARTEN,  OR  ELEMENTARY
 SCHOOL.
   [2.] 3. "Area of high risk" means an area designated as  such  by  the
 commissioner  or his OR HER representative and consisting of one or more
 dwellings OR SCHOOLS in which a condition conducive to lead poisoning of
 children is present.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09067-03-1

              

 S. 6969                             2
 
   [3.] 4. "COMMUNITY OF CONCERN" MEANS AN AREA DESIGNATED AS SUCH BY THE
 COMMISSIONER OR HIS  OR  HER  REPRESENTATIVE  WITH  SIGNIFICANT  CONCEN-
 TRATIONS OF CHILDREN IDENTIFIED WITH ELEVATED BLOOD LEAD LEVELS.
   5. "A condition conducive to lead poisoning" means: (i) paint or other
 similar surface-coating material containing lead in a condition accessi-
 ble  for  ingestion  or  inhalation  or where peeling or chipping of the
 paint or other similar surface-coating material occurs or is  likely  to
 occur;  [and]  (ii) PLUMBING, SERVICE PIPES OR OTHER PIPES, FIXTURES, OR
 OTHER MATERIALS CONTAINING LEAD IN A CONDITION ACCESSIBLE FOR  INGESTION
 OR  INHALATION  THAT ARE USED TO TRANSPORT WATER TO OR WITHIN A DWELLING
 OR A SCHOOL; OR (III) other environmental conditions which may result in
 significant lead exposure.
   [4.] 6. "Program" means the lead poisoning prevention program  in  the
 department established pursuant to section thirteen hundred seventy-a of
 this title.
   [5.]  7.  "Council"  means  the  advisory  council  on  lead poisoning
 prevention established pursuant to section thirteen hundred seventy-b of
 this title.
   [6.] 8. "Elevated lead levels" means a blood lead level  greater  than
 or equal to five micrograms of lead per deciliter of whole blood or such
 lower  blood lead level as may be established by the department pursuant
 to rule or regulation.
   [7.] 9. "Person" means any natural person.
   § 3. Section 1370-a of the public health law, as added by chapter  485
 of  the laws of 1992, paragraphs (a) and (c) of subdivision 2 and subdi-
 vision 3 as amended by section 4 of part A of chapter 58 of the laws  of
 2009, is amended to read as follows:
   §  1370-a.  Lead poisoning prevention program. 1. The department shall
 establish a lead poisoning prevention program, IN CONSULTATION WITH  THE
 ADVISORY  COUNCIL  ON  LEAD  POISONING PREVENTION. This program shall be
 responsible for establishing and coordinating activities to prevent lead
 poisoning and to minimize risk of exposure to lead. The department shall
 exercise any and all authority which may be deemed necessary and  appro-
 priate to effectuate the provisions of this title.
   2. The department shall:
   (a)  promulgate  and  enforce  regulations  for screening children and
 pregnant women, including requirements for blood lead testing, for  lead
 poisoning,  and  for  follow  up of children and pregnant women who have
 elevated blood lead levels;
   (b) PROMULGATE AND ENFORCE REGULATIONS  SETTING  FORTH  STANDARDS  FOR
 EFFECTIVELY INSPECTING DWELLINGS AND SCHOOLS FOR CONDITIONS CONDUCIVE TO
 LEAD  POISONING,  AND  FOR REMEDIATING AND ABATING SUCH CONDITIONS USING
 LEAD-SAFE WORK PRACTICES;
   (C) enter into interagency agreements  to  coordinate  lead  poisoning
 prevention,  exposure reduction, identification and treatment activities
 and lead reduction activities with other federal, state and local  agen-
 cies and programs;
   [(c)]  (D)  establish  a statewide registry of lead levels of children
 provided such information is maintained as confidential except  for  (i)
 disclosure  for medical treatment purposes; (ii) disclosure of non-iden-
 tifying epidemiological data; and (iii) disclosure of  information  from
 such  registry  to  the statewide immunization information system estab-
 lished by section twenty-one hundred sixty-eight of this chapter; and
   [(d)]  (E)  develop  and  implement  public  education  and  community
 outreach programs on lead exposure, detection and risk reduction.

 S. 6969                             3
 
   3. The department shall identify and designate areas in the state with
 significant  concentrations  of  children identified with elevated blood
 lead levels as communities of concern for  purposes  of  implementing  a
 childhood  lead  poisoning  primary  prevention program, and may, within
 amounts  appropriated,  provide  grants  to implement approved programs.
 THE DEPARTMENT SHALL CONSIDER THE RESULTS OF TESTS OF DRINKING WATER  OF
 RESIDENTIAL  REAL  PROPERTY  CONDUCTED  AND REPORTED TO THE COMMISSIONER
 PURSUANT TO SECTION TWO HUNDRED FORTY-TWO-A OF THE REAL PROPERTY LAW AND
 SECTION EIGHTY-FIVE OF THE MULTIPLE DWELLING LAW IN CONSIDERING  WHETHER
 A  COMMUNITY  SHALL BE DESIGNATED AS A COMMUNITY OF CONCERN. The commis-
 sioner of health of a county or part-county health  district,  a  county
 health  director  or  a  public  health director and, in the city of New
 York, the commissioner of the New York city  department  of  health  and
 mental  hygiene,  shall develop and implement a childhood lead poisoning
 primary prevention program  to  prevent  exposure  to  lead-based  paint
 hazards  for  the  communities  of  concern  in  their jurisdiction. The
 department shall provide funding to the  New  York  city  department  of
 health  and mental hygiene or county health departments to implement the
 approved work plan for a childhood  lead  poisoning  primary  prevention
 program.  The  work  plan  and  budget,  which  shall  be subject to the
 approval of the department, shall include, but not be  limited  to:  (a)
 identification  and  designation of an area or areas of high risk within
 communities of concern; (b) a housing inspection program  that  includes
 prioritization  and  inspection  of areas of high risk for lead hazards,
 correction of identified lead hazards  using  effective  lead-safe  work
 practices  and,  appropriate oversight of remediation work; (c) partner-
 ships with other county or municipal agencies or community-based  organ-
 izations  to  build  community awareness of the childhood lead poisoning
 primary prevention program  and  activities,  coordinate  referrals  for
 services, and support remediation of housing that contains lead hazards;
 (d)  a  mechanism to provide education and referral for lead testing for
 children and pregnant women to  families  who  are  encountered  in  the
 course  of  conducting primary prevention inspections and other outreach
 activities; and (e) a mechanism and outreach efforts to provide  housing
 inspections for lead hazards upon request. The commissioner of health of
 a  county  or part-county health district, a county health director or a
 public health director and, in the city of New York, the commissioner of
 the New York city department of health and mental  hygiene,  shall  also
 enter  into  an  agreement  or  subcontract  with a municipal government
 regarding inspection of the [paint] conditions in dwellings AND  SCHOOLS
 built  prior  to  nineteen hundred seventy-eight for the area defined as
 the community of concern and may, when qualified staff exists, designate
 the local housing maintenance  code  enforcement  agency  in  which  the
 community  of  concern  is located as an agency authorized to administer
 the provisions of this title pursuant  to  subdivision  one  of  section
 thirteen  hundred seventy-five of this title. A portion of grant funding
 received to support the local primary prevention plan  may  be  used  to
 reduce  barriers  to  lead testing of children and pregnant women within
 the communities of concern,  including  the  purchase  of  lead  testing
 devices  and  supplies  when  the  need for such resources is identified
 within the community. The commissioner, the commissioner of health of  a
 county  or  part-county  health  district, a county health director or a
 public health director and, in the city of New York, the commissioner of
 the New York city department of health and mental hygiene, is authorized
 to enter into agreements, contracts, subcontracts or memoranda of under-
 standing with, and provide  technical  and  other  resources  to,  local

 S. 6969                             4
 
 health  officials,  local building code officials, real property owners,
 and community organizations in such areas to create and implement  poli-
 cies,  education  and  other forms of community outreach to address lead
 exposure,  detection  and risk reduction. Primary prevention plans shall
 target children less than six years of age living in  the  highest  risk
 housing  in the communities of concern identified.  The plans shall also
 take into consideration the extent the weatherization assistance program
 and other such programs can be used in conjunction with lead-based paint
 hazard risk reduction. Funding provided for this program shall  be  used
 for  the  activities described in this section and shall not be used for
 other activities required by this title.
   § 4. Subdivision 1 and paragraph  (i)  of  subdivision  4  of  section
 1370-b  of the public health law, subdivision 1 as amended by section 79
 of part A of chapter 62 of the laws of 2011, paragraph (i)  of  subdivi-
 sion  4  as  amended by section 5 of part A of chapter 58 of the laws of
 2009 and renumbered by chapter 314 of the laws of 2020, are  amended  to
 read as follows:
   1. The New York state advisory council on lead poisoning prevention is
 hereby  established  in  the department, to consist of the following, or
 their designees:  the  commissioner;  the  commissioner  of  labor;  the
 commissioner  of environmental conservation; the commissioner of housing
 and community renewal; the commissioner of children and family services;
 the commissioner of temporary and disability assistance;  the  secretary
 of  state;  TWO  MEMBERS  APPOINTED  BY  THE  TEMPORARY PRESIDENT OF THE
 SENATE; ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE  SENATE;  TWO
 MEMBERS  APPOINTED  BY THE SPEAKER OF THE ASSEMBLY; ONE MEMBER APPOINTED
 BY THE MINORITY LEADER OF  THE  ASSEMBLY;  and  fifteen  public  members
 appointed  by the governor. The public members shall have a demonstrated
 expertise or interest in lead poisoning  prevention  and  at  least  one
 public  member  shall  be representative of each of the following: local
 government; community  groups;  labor  unions;  real  estate;  industry;
 parents;  educators;  local housing authorities; child health advocates;
 environmental groups; professional medical organizations and  hospitals.
 The public members of the council shall have fixed terms of three years;
 except  that five of the initial appointments shall be for two years and
 five shall be for one year. The council shall be chaired by the  commis-
 sioner or his or her designee.
   (i) To report on or before December first of each year to the governor
 and  the  legislature  concerning  the  previous  year's development and
 implementation of the statewide  plan  and  operation  of  the  program,
 together  with recommendations it deems necessary and the most currently
 available lead surveillance measures[,  including].  SUCH  REPORT  SHALL
 INCLUDE:  the  actual number and estimated percentage of children tested
 for lead in accordance with New York state regulations,  including  age-
 specific  testing  requirements[,  and]; the actual number and estimated
 percentage of children identified with elevated blood lead  levels,  THE
 GEOGRAPHIC  BOUNDARIES  OF  EACH  COMMUNITY  OF  CONCERN  IN  THE  STATE
 PRESENTED WITH MAPS OR OTHER MEANS; THE NUMBER OF INSPECTIONS OF  CONDI-
 TIONS  IN  DWELLINGS  AND SCHOOLS CONDUCTED IN EACH COMMUNITY OF CONCERN
 PURSUANT TO SUBDIVISION THREE OF SECTION THIRTEEN HUNDRED  SEVENTY-A  OF
 THIS TITLE; THE AMOUNT AND PURPOSE OF FUNDING THE DEPARTMENT PROVIDED TO
 THE  NEW  YORK  CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE AND TO EACH
 COUNTY HEALTH DEPARTMENT PURSUANT TO SUBDIVISION THREE OF SECTION  THIR-
 TEEN HUNDRED SEVENTY-A OF THIS TITLE; A DESCRIPTION AND THE TOTAL BUDGET
 FOR  EACH  WORK  PLAN APPROVED BY THE DEPARTMENT PURSUANT TO SUBDIVISION
 THREE OF SECTION THIRTEEN HUNDRED SEVENTY-A OF THIS TITLE; THE NUMBER OF

 S. 6969                             5
 
 TESTS OF DRINKING WATER  OF  RESIDENTIAL  REAL  PROPERTY  CONDUCTED  AND
 REPORTED TO THE COMMISSIONER PURSUANT TO SECTION TWO HUNDRED FORTY-TWO-A
 OF  THE REAL PROPERTY LAW AND SECTION EIGHTY-FIVE OF THE MULTIPLE DWELL-
 ING  LAW,  RESPECTIVELY;  THE  RESULTS  OF SUCH TESTS BROKEN DOWN BY THE
 COUNTY AND THE COMMUNITY OF CONCERN, IF ANY, IN WHICH SUCH REAL PROPERTY
 IS LOCATED; AND THE TOTAL AMOUNT RECEIVED BY THE  DEPARTMENT  FOR  FINES
 PAID FOR VIOLATIONS OF SECTION EIGHTY-FIVE OF THE MULTIPLE DWELLING LAW,
 THE  COUNTY  AND  COMMUNITY OF CONCERN, IF ANY, OF THE REAL PROPERTY FOR
 WHICH SUCH FINE WAS PAID, THE TOTAL AMOUNT OF FINES COLLECTED,  AND  THE
 AMOUNT  DISTRIBUTED TO THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL
 HYGIENE AND TO EACH COUNTY HEALTH DEPARTMENT. Such report shall be  made
 available on the department's website.
   §  5. Section 1372 of the public health law, as amended by chapter 485
 of the laws of 1992, is amended to read as follows:
   § 1372. Use of leaded paint. No person  shall  apply  paint  or  other
 similar  surface-coating  material  containing  more than .06 of one per
 centum 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 OR SCHOOL.
   § 6. Section 1373 of the public health law, as added by chapter 338 of
 the laws of 1970, subdivision 1 as amended by chapter 411 of the laws of
 2017, subdivision 2 as amended by chapter   485 of  the  laws  of  1992,
 subdivision  3 as amended by chapter 20 of the laws of 2018, subdivision
 5 as added by chapter 529 of the laws of 1976, is  amended  to  read  as
 follows:
   §  1373.  Abatement  of  lead  poisoning conditions.   1. Whenever the
 commissioner or his or her representative shall  designate  an  area  of
 high  risk,  he  or  she shall give written notice and demand, served as
 provided by this section, for the discontinuance of a [paint]  condition
 conducive to lead poisoning in any designated dwelling OR SCHOOL in such
 area within a specified period of time.
   2. Such notice and demand shall prescribe the method of discontinuance
 of a condition conducive to lead poisoning which may include the removal
 of  paint  containing  more  than one-half of one per centum of metallic
 lead based on the total weight of the contained solids or dried film  of
 the paint or other similar surface-coating material from surfaces speci-
 fied  by the commissioner or his OR HER representative under such safety
 conditions as may be indicated and the refinishing of such surfaces with
 a suitable finish which is not in violation  of  section  [one  thousand
 three]  THIRTEEN  hundred  seventy-two  of this title or the covering of
 such surfaces with such material or the  removal  of  lead  contaminated
 soils  or lead pipes supplying drinking water as may be deemed necessary
 to protect the life and health of occupants of the dwelling OR SCHOOL.
   3. In the event of failure to comply with a  notice  and  demand,  the
 commissioner  or his or her representative shall take enforcement action
 as deemed appropriate by the commissioner or his or her  representative,
 which may include conducting a formal hearing upon due notice in accord-
 ance  with  the  provisions  of  section twelve-a of this chapter and on
 proof of violation of such notice and demand may order  abatement  of  a
 paint  condition  conducive  to lead poisoning upon such terms as may be
 appropriate and may assess a penalty not to  exceed  two  thousand  five
 hundred  dollars  for  such violation; provided, however, that abatement
 shall not be ordered if the respondent  proves  by  a  preponderance  of
 evidence  at  such  hearing  that  a  paint  condition conducive to lead
 poisoning in the designated dwelling OR SCHOOL does not exist.

 S. 6969                             6
 
   4. A notice required by this section may be served upon  an  owner  or
 occupant of the dwelling OR SCHOOL, or AN 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.
   5.  The  removal  of a tenant from or the surrender by the tenant of a
 dwelling with respect to which the commissioner or his OR HER  represen-
 tative,  pursuant  to subdivision one of this section, has given written
 notice and demand for the discontinuance of a [paint]  condition  condu-
 cive  to  lead  poisoning  shall  not  absolve, relieve or discharge any
 persons chargeable therewith from the obligation and  responsibility  to
 discontinue  such  [paint]  condition  conducive  to  lead  poisoning in
 accordance with the method of discontinuance prescribed therefor in such
 notice and demand.
   § 7. Section 1374 of the public health law, as added by chapter 338 of
 the laws of 1970, is amended to read as follows:
   § 1374. Receivership.  1. In the event of failure to  comply  with  an
 order  issued  pursuant  to this title and containing provision for such
 application, the officer issuing the order  may  apply  to  a  court  of
 competent  jurisdiction  in the county wherein the dwelling OR SCHOOL is
 located for an order appointing such officer  or  his  OR  HER  designee
 receiver  of  the  rents  of  such dwelling OR SCHOOL for the purpose of
 effectuating the provisions of such order.
   2. An application for appointment of a receiver hereunder shall be  on
 at  least  ten  days'  notice  to  the  owner of the dwelling OR SCHOOL,
 effected in the same manner as in an action to foreclose a  mortgage.  A
 receiver  appointed hereunder shall not have any right superior to those
 of any mortgagee or lienor of record who has not had at least ten  days'
 notice,  by  personal  service  or  registered or certified mail, of the
 application for appointment of a receiver.
   3. A receiver appointed hereunder shall have the power to collect  the
 accrued  and  accruing  rents  of the dwelling OR SCHOOL and shall apply
 such collected rents to costs and expenses incurred in  connection  with
 (a)  removing, replacing, repainting and covering surfaces of the dwell-
 ing OR SCHOOL necessary to effectuate the provisions  of  the  order  of
 abatement,  (b)  interim  operation  and  management  of the dwelling OR
 SCHOOL, (c) administration of the receivership.
   4. As soon as practicable after completion of his OR HER  duties,  the
 receiver  shall  render a full accounting to the court and, upon payment
 over of any surplus moneys to the owner or other persons  as  the  court
 may  approve  or direct and upon the order of the court, he OR SHE shall
 be relieved of any further responsibility  or  liability  in  connection
 with his OR HER receivership.
   §  8.  The  tax law is amended by adding a new section 23-a to read as
 follows:
   § 23-A. LEAD REMEDIATION AND ABATEMENT CREDIT.  (A)  LEAD  REMEDIATION
 AND  ABATEMENT  CREDIT.  A  TAXPAYER  WHO IS A CLASS A MULTIPLE DWELLING
 OWNER AND HAS UNDERTAKEN SUCCESSFUL LEAD REMEDIATION OR SUCCESSFUL  LEAD
 ABATEMENT  OF SUCH DWELLING PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO
 OF SECTION THIRTEEN HUNDRED SEVENTY-A OF THE PUBLIC HEALTH  LAW  AND  IS
 SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER, SHALL
 BE ALLOWED A CREDIT AGAINST SUCH TAX PURSUANT TO SUBDIVISION (E) OF THIS
 SECTION.
   (B)  AMOUNT  OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE ONE THOUSAND
 FIVE HUNDRED DOLLARS PER DWELLING UNIT FOR SUCCESSFUL  LEAD  REMEDIATION
 AND  FIVE  THOUSAND DOLLARS PER DWELLING UNIT FOR SUCCESSFUL LEAD ABATE-
 MENT. THE CREDIT SHALL ONLY BE ALLOWED FOR THE TAXABLE YEAR SUCH REMEDI-

 S. 6969                             7
 
 ATION OR ABATEMENT WAS CERTIFIED AND BOTH CREDITS CANNOT BE  CLAIMED  IN
 THE  SAME YEAR. THE CREDIT AUTHORIZED PURSUANT TO THIS SECTION SHALL NOT
 APPLY TO ANY REMEDIATION OR ABATEMENT COMMENCED PRIOR TO JUNE FIRST, TWO
 THOUSAND TWENTY-ONE.
   (C)  ANY  RECIPIENT  OF  A  CREDIT  PURSUANT TO THIS SECTION SHALL NOT
 EVICT, FOR REASON OF EXPIRED LEASE OR  HOLDOVER  TENANCY,  A  TENANT  OR
 LAWFUL  OCCUPANT  OF ANY DWELLING UNIT FOR WHICH SUCH CREDIT IS RECEIVED
 FOR A PERIOD OF ONE  YEAR  AFTER  THE  CREDIT  IS  RECEIVED,  EXCEPT  AS
 PROVIDED IN SUBDIVISION (D) OF THIS SECTION.
   (D)  NOTHING IN SUBDIVISION (C) OF THIS SECTION SHALL PREVENT EVICTION
 PROCEEDINGS FROM BEING COMMENCED OR SHALL CAUSE EVICTION PROCEEDINGS  TO
 BE STAYED IF THE TENANT OR LAWFUL OCCUPANT IS PERSISTENTLY AND UNREASON-
 ABLY  ENGAGING  IN  BEHAVIOR THAT SUBSTANTIALLY INFRINGES ON THE USE AND
 ENJOYMENT OF OTHER TENANTS OR OCCUPANTS OR CAUSES A  SUBSTANTIAL  SAFETY
 HAZARD  TO OTHERS, PROVIDED: (I) IF AN EVICTION PROCEEDING IS PENDING ON
 THE DATE A LANDLORD OR PROPERTY OWNER RECEIVES A CREDIT PURSUANT TO THIS
 SECTION, BUT THE PETITIONER HAS NOT PREVIOUSLY ALLEGED THAT SUCH  TENANT
 OR  OCCUPANT PERSISTENTLY AND UNREASONABLY ENGAGED IN SUCH BEHAVIOR, THE
 PETITIONER SHALL BE REQUIRED TO SUBMIT A NEW PETITION WITH SUCH  ALLEGA-
 TIONS  AND COMPLY WITH ALL NOTICE AND SERVICE REQUIREMENTS UNDER ARTICLE
 SEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AND THIS SUBDIVI-
 SION; (II) IF THE COURT HAS AWARDED  A  JUDGMENT  AGAINST  A  RESPONDENT
 PRIOR  TO THE DATE A LANDLORD OR PROPERTY OWNER RECEIVES A CREDIT PURSU-
 ANT TO THIS SECTION ON THE BASIS OF OBJECTIONABLE OR NUISANCE  BEHAVIOR,
 THE  COURT  SHALL  HOLD  A  HEARING  TO  DETERMINE WHETHER THE TENANT IS
 CONTINUING TO PERSIST IN ENGAGING IN UNREASONABLE BEHAVIOR THAT SUBSTAN-
 TIALLY INFRINGES ON THE USE AND ENJOYMENT OF OTHER TENANTS OR  OCCUPANTS
 OR  CAUSES A SUBSTANTIAL SAFETY HAZARD TO OTHERS; (III) FOR THE PURPOSES
 OF THIS SUBDIVISION, A MERE ALLEGATION OF THE BEHAVIOR BY THE PETITIONER
 OR AN AGENT OF THE PETITIONER ALLEGING SUCH BEHAVIOR SHALL NOT BE SUFFI-
 CIENT EVIDENCE TO ESTABLISH THAT THE TENANT HAS ENGAGED IN  SUCH  BEHAV-
 IOR; (IV) IF THE PETITIONER FAILS TO ESTABLISH THAT THE TENANT OR LAWFUL
 OCCUPANT  PERSISTENTLY AND UNREASONABLY ENGAGED IN SUCH BEHAVIOR AND THE
 LANDLORD OR PROPERTY OWNER RECEIVES A CREDIT PURSUANT TO  THIS  SECTION,
 THE  COURT  SHALL STAY OR CONTINUE TO STAY ANY FURTHER PROCEEDINGS UNTIL
 THE ONE YEAR PERIOD PROVIDED FOR IN SUBDIVISION (C) OF THIS SECTION  HAS
 ELAPSED;  AND  (V) IF THE PETITIONER ESTABLISHES THAT THE TENANT PERSIS-
 TENTLY AND UNREASONABLY ENGAGED IN SUCH  BEHAVIOR,  THE  PROCEEDING  MAY
 CONTINUE  PURSUANT  TO  ARTICLE  SEVEN  OF THE REAL PROPERTY ACTIONS AND
 PROCEEDINGS LAW AND THIS SUBDIVISION.
   (E) CROSS-REFERENCES. FOR APPLICATION OF THE CREDIT  PROVIDED  FOR  IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   ARTICLE 9-A: SECTION 210-B, SUBDIVISION 55.
   ARTICLE 22: SECTION 606, SUBSECTIONS (I) AND (NNN).
   §  9. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 55 to read as follows:
   55. LEAD REMEDIATION AND ABATEMENT CREDIT. (A) ALLOWANCE OF CREDIT.  A
 TAXPAYER  WHO  IS  A  CLASS A MULTIPLE DWELLING OWNER AND HAS UNDERTAKEN
 SUCCESSFUL LEAD REMEDIATION OR SUCCESSFUL LEAD ABATEMENT OF SUCH  DWELL-
 ING  PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION THIRTEEN
 HUNDRED SEVENTY-A OF THE PUBLIC HEALTH LAW AND IS SUBJECT TO  TAX  UNDER
 THIS  ARTICLE,  SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
 SECTION TWENTY-THREE-A OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY  THIS
 ARTICLE.
   (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
 FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS

 S. 6969                             8
 
 THAN THE HIGHER AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
 THIS  SECTION.  HOWEVER,  IF  THE  AMOUNT  OF CREDITS ALLOWED UNDER THIS
 SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX  TO  SUCH  AMOUNT,  ANY
 AMOUNT  OF  CREDIT  THUS  NOT  DEDUCTIBLE  IN SUCH TAXABLE YEAR SHALL BE
 TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN  ACCORD-
 ANCE  WITH  THE  PROVISIONS  OF  SECTION ONE THOUSAND EIGHTY-SIX OF THIS
 CHAPTER.  PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION
 ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING,  NO  INTEREST
 SHALL BE PAID THEREON.
   (C)  ANY  RECIPIENT  OF  A  CREDIT  PURSUANT TO THIS SECTION SHALL NOT
 EVICT, FOR REASON OF EXPIRED LEASE OR  HOLDOVER  TENANCY,  A  TENANT  OR
 LAWFUL  OCCUPANT  OF ANY DWELLING UNIT FOR WHICH SUCH CREDIT IS RECEIVED
 FOR A PERIOD OF ONE  YEAR  AFTER  THE  CREDIT  IS  RECEIVED,  EXCEPT  AS
 PROVIDED IN PARAGRAPH (D) OF THIS SUBDIVISION.
   (D)  NOTHING  IN  PARAGRAPH  (C)  OF  THIS  SUBDIVISION  SHALL PREVENT
 EVICTION PROCEEDINGS  FROM  BEING  COMMENCED  OR  SHALL  CAUSE  EVICTION
 PROCEEDINGS TO BE STAYED IF THE TENANT OR LAWFUL OCCUPANT IS PERSISTENT-
 LY AND UNREASONABLY ENGAGING IN BEHAVIOR THAT SUBSTANTIALLY INFRINGES ON
 THE USE AND ENJOYMENT OF OTHER TENANTS OR OCCUPANTS OR CAUSES A SUBSTAN-
 TIAL SAFETY HAZARD TO OTHERS, PROVIDED: (I) IF AN EVICTION PROCEEDING IS
 PENDING  ON  THE  DATE  A  LANDLORD  OR PROPERTY OWNER RECEIVES A CREDIT
 PURSUANT TO THIS SECTION, BUT THE PETITIONER HAS NOT PREVIOUSLY  ALLEGED
 THAT  SUCH  TENANT  OR OCCUPANT PERSISTENTLY AND UNREASONABLY ENGAGED IN
 SUCH BEHAVIOR, THE PETITIONER SHALL BE REQUIRED TO SUBMIT A NEW PETITION
 WITH SUCH ALLEGATIONS AND COMPLY WITH ALL NOTICE  AND  SERVICE  REQUIRE-
 MENTS  UNDER  ARTICLE SEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS
 LAW AND THIS PARAGRAPH; (II) IF THE COURT HAS AWARDED A JUDGMENT AGAINST
 A RESPONDENT PRIOR TO THE DATE A LANDLORD OR PROPERTY OWNER  RECEIVES  A
 CREDIT  PURSUANT  TO  THIS  SECTION  ON  THE  BASIS  OF OBJECTIONABLE OR
 NUISANCE BEHAVIOR, THE COURT SHALL HOLD A HEARING TO  DETERMINE  WHETHER
 THE TENANT IS CONTINUING TO PERSIST IN ENGAGING IN UNREASONABLE BEHAVIOR
 THAT  SUBSTANTIALLY  INFRINGES ON THE USE AND ENJOYMENT OF OTHER TENANTS
 OR OCCUPANTS OR CAUSES A SUBSTANTIAL SAFETY HAZARD TO OTHERS; (III)  FOR
 THE PURPOSES OF THIS PARAGRAPH, A MERE ALLEGATION OF THE BEHAVIOR BY THE
 PETITIONER  OR  AN  AGENT OF THE PETITIONER ALLEGING SUCH BEHAVIOR SHALL
 NOT BE SUFFICIENT EVIDENCE TO ESTABLISH THAT THE TENANT HAS  ENGAGED  IN
 SUCH BEHAVIOR; (IV) IF THE PETITIONER FAILS TO ESTABLISH THAT THE TENANT
 OR  LAWFUL OCCUPANT PERSISTENTLY AND UNREASONABLY ENGAGED IN SUCH BEHAV-
 IOR AND THE LANDLORD OR PROPERTY OWNER RECEIVES  A  CREDIT  PURSUANT  TO
 THIS  SECTION,  THE  COURT  SHALL  STAY  OR CONTINUE TO STAY ANY FURTHER
 PROCEEDINGS UNTIL THE ONE YEAR PERIOD PROVIDED FOR IN PARAGRAPH  (C)  OF
 THIS SUBDIVISION HAS ELAPSED; AND (V) IF THE PETITIONER ESTABLISHES THAT
 THE  TENANT  PERSISTENTLY AND UNREASONABLY ENGAGED IN SUCH BEHAVIOR, THE
 PROCEEDING MAY CONTINUE PURSUANT TO ARTICLE SEVEN OF THE  REAL  PROPERTY
 ACTIONS AND PROCEEDINGS LAW AND THIS PARAGRAPH.
   § 10. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of  the  tax  law  is  amended  by adding a new clause (xlix) to read as
 follows:
 (XLIX) LEAD REMEDIATION AND          AMOUNT OF CREDIT UNDER SUBDIVISION
 ABATEMENT CREDIT UNDER SUBSECTION    FIFTY-FIVE OF SECTION TWO
 (NNN)                                HUNDRED TEN-B
   § 11. Section 606 of the tax law is amended by adding a new subsection
 (nnn) to read as follows:
   (NNN) LEAD REMEDIATION AND ABATEMENT CREDIT. (1) ALLOWANCE OF  CREDIT.
 A  TAXPAYER  WHO IS A CLASS A MULTIPLE DWELLING OWNER AND HAS UNDERTAKEN
 SUCCESSFUL LEAD REMEDIATION OR SUCCESSFUL LEAD ABATEMENT OF SUCH  DWELL-

 S. 6969                             9
 
 ING  PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION THIRTEEN
 HUNDRED SEVENTY-A OF THE PUBLIC HEALTH LAW AND IS SUBJECT TO  TAX  UNDER
 THIS  ARTICLE,  SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
 SECTION  TWENTY-THREE-A OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS
 ARTICLE.
   (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
 THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
 SUCH  YEAR,  THE  EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
 CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS  OF  SECTION  SIX
 HUNDRED  EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST
 SHALL BE PAID THEREON.
   (3) ANY RECIPIENT OF A CREDIT PURSUANT TO THIS  SUBSECTION  SHALL  NOT
 EVICT,  FOR  REASON  OF  EXPIRED  LEASE OR HOLDOVER TENANCY, A TENANT OR
 LAWFUL OCCUPANT OF ANY DWELLING UNIT FOR WHICH SUCH CREDIT  IS  RECEIVED
 FOR  A  PERIOD  OF  ONE  YEAR  AFTER  THE  CREDIT IS RECEIVED, EXCEPT AS
 PROVIDED IN PARAGRAPH FOUR OF THIS SUBSECTION.
   (4) NOTHING IN  PARAGRAPH  THREE  OF  THIS  SUBSECTION  SHALL  PREVENT
 EVICTION  PROCEEDINGS  FROM  BEING  COMMENCED  OR  SHALL  CAUSE EVICTION
 PROCEEDINGS TO BE STAYED IF THE TENANT OR LAWFUL OCCUPANT IS PERSISTENT-
 LY AND UNREASONABLY ENGAGING IN BEHAVIOR THAT SUBSTANTIALLY INFRINGES ON
 THE USE AND ENJOYMENT OF OTHER TENANTS OR OCCUPANTS OR CAUSES A SUBSTAN-
 TIAL SAFETY HAZARD TO OTHERS, PROVIDED: (I) IF AN EVICTION PROCEEDING IS
 PENDING ON THE DATE A LANDLORD  OR  PROPERTY  OWNER  RECEIVES  A  CREDIT
 PURSUANT  TO  THIS  SUBSECTION,  BUT  THE  PETITIONER HAS NOT PREVIOUSLY
 ALLEGED THAT SUCH  TENANT  OR  OCCUPANT  PERSISTENTLY  AND  UNREASONABLY
 ENGAGED  IN  SUCH BEHAVIOR, THE PETITIONER SHALL BE REQUIRED TO SUBMIT A
 NEW PETITION WITH SUCH  ALLEGATIONS  AND  COMPLY  WITH  ALL  NOTICE  AND
 SERVICE  REQUIREMENTS  UNDER  ARTICLE SEVEN OF THE REAL PROPERTY ACTIONS
 AND PROCEEDINGS LAW AND THIS PARAGRAPH; (II) IF THE COURT HAS AWARDED  A
 JUDGMENT  AGAINST  A RESPONDENT PRIOR TO THE DATE A LANDLORD OR PROPERTY
 OWNER RECEIVES A CREDIT PURSUANT TO THIS  SUBSECTION  ON  THE  BASIS  OF
 OBJECTIONABLE  OR  NUISANCE  BEHAVIOR, THE COURT SHALL HOLD A HEARING TO
 DETERMINE WHETHER THE TENANT IS CONTINUING TO  PERSIST  IN  ENGAGING  IN
 UNREASONABLE BEHAVIOR THAT SUBSTANTIALLY INFRINGES ON THE USE AND ENJOY-
 MENT OF OTHER TENANTS OR OCCUPANTS OR CAUSES A SUBSTANTIAL SAFETY HAZARD
 TO  OTHERS;  (III) FOR THE PURPOSES OF THIS PARAGRAPH, A MERE ALLEGATION
 OF THE BEHAVIOR BY THE PETITIONER OR AN AGENT OF THE PETITIONER ALLEGING
 SUCH BEHAVIOR SHALL NOT BE SUFFICIENT EVIDENCE  TO  ESTABLISH  THAT  THE
 TENANT  HAS  ENGAGED  IN  SUCH BEHAVIOR; (IV) IF THE PETITIONER FAILS TO
 ESTABLISH THAT THE TENANT OR LAWFUL OCCUPANT PERSISTENTLY AND  UNREASON-
 ABLY  ENGAGED  IN  SUCH  BEHAVIOR  AND  THE  LANDLORD  OR PROPERTY OWNER
 RECEIVES A CREDIT PURSUANT TO THIS SUBSECTION, THE COURT SHALL  STAY  OR
 CONTINUE  TO  STAY  ANY  FURTHER  PROCEEDINGS  UNTIL THE ONE YEAR PERIOD
 PROVIDED FOR IN PARAGRAPH THREE OF THIS SUBSECTION HAS ELAPSED; AND  (V)
 IF THE PETITIONER ESTABLISHES THAT THE TENANT PERSISTENTLY AND UNREASON-
 ABLY  ENGAGED  IN SUCH BEHAVIOR, THE PROCEEDING MAY CONTINUE PURSUANT TO
 ARTICLE SEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AND  THIS
 PARAGRAPH.
   §  12.  The real property law is amended by adding a new section 242-a
 to read as follows:
   § 242-A. LEAD DISCLOSURE. 1. ANY SELLER OF RESIDENTIAL  REAL  PROPERTY
 ON  OR  AFTER  JULY FIRST, TWO THOUSAND TWENTY-TWO, SHALL BE REQUIRED TO
 PROVIDE AT LEAST ONE WEEK BEFORE CLOSING THE RESULTS OF A  TEST  OF  THE
 DRINKING  WATER OF THE RESIDENTIAL PROPERTY BEING CONVEYED FOR THE PRES-
 ENCE OF LEAD CONDUCTED NO MORE THAN TWELVE MONTHS PRIOR TO  THE  CLOSING
 DATE.  THIS SUBDIVISION SHALL NOT APPLY TO THE CONVEYANCE OF RESIDENTIAL

 S. 6969                            10
 
 REAL PROPERTY WHERE THE OWNER REMAINS THE SAME NATURAL PERSON OR PERSONS
 REGARDLESS OF WHETHER SUCH PROPERTY IS CONVEYED TO A  LIMITED  LIABILITY
 COMPANY  OR  OTHER  ENTITY.    ANY  SUCH  SELLER REQUIRED TO PROVIDE THE
 RESULTS  OF  A TEST PURSUANT TO THIS SECTION SHALL SUBMIT THE RESULTS OF
 SUCH TEST TO THE  DEPARTMENT  OF  HEALTH  IN  A  MANNER  THE  DEPARTMENT
 PRESCRIBES.
   2.  THE  DEPARTMENT  OF  HEALTH SHALL PROMULGATE THE STANDARDS FOR ANY
 TESTS REQUIRED TO BE CONDUCTED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION  AND  SHALL  COLLECT  THE  RESULTS OF ALL SUCH TESTS. SUCH TESTS
 SHALL PROVIDE FOR THE TESTING OF WATER FROM THE  SERVICE  LINES  LEADING
 INTO  THE  PROPERTY. THE COMMISSIONER OF HEALTH SHALL INCLUDE A DETAILED
 SUMMARY OF THE RESULTS OF SUCH TESTS THROUGHOUT THE STATE IN THE  ANNUAL
 REPORT REQUIRED PURSUANT TO PARAGRAPH (I) OF SUBDIVISION FOUR OF SECTION
 THIRTEEN  HUNDRED  SEVENTY-B  OF THE PUBLIC HEALTH LAW AND SHALL USE THE
 DATA COLLECTED PURSUANT TO  THIS  SECTION  TO  IDENTIFY  COMMUNITIES  OF
 CONCERN  PURSUANT  TO  SECTION  THIRTEEN HUNDRED SEVENTY-A OF THE PUBLIC
 HEALTH LAW.
   § 13. The multiple dwelling law is amended by adding a new section  85
 to read as follows:
   §  85.  LEAD  TESTING. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PERSON" MEANS  AN  INDIVIDUAL,  FIRM,  COMPANY,  PARTNERSHIP,  OR
 CORPORATION, TRADE GROUP OR ASSOCIATION; AND
   (B)  "CONTRACTOR" MEANS ANY PERSON, OTHER THAN A BONA FIDE EMPLOYEE OF
 THE OWNER, WHO OWNS, OPERATES, MAINTAINS, CONDUCTS, CONTROLS  OR  TRANS-
 ACTS  A HOME IMPROVEMENT BUSINESS AND WHO UNDERTAKES OR OFFERS TO UNDER-
 TAKE OR AGREES TO PERFORM ANY HOME IMPROVEMENT OR SOLICITS ANY  CONTRACT
 THEREFOR,  WHETHER  OR  NOT  SUCH PERSON IS LICENSED, AND WHETHER OR NOT
 SUCH PERSON IS A PRIME CONTRACTOR OR SUBCONTRACTOR WITH RESPECT  TO  THE
 OWNER.
   2.  THE OWNER OF ANY CLASS A MULTIPLE DWELLING SHALL, BEFORE THE START
 OF A NEW TENANCY AFTER JULY FIRST, TWO THOUSAND TWENTY-TWO,  PROVIDE  TO
 THE  TENANT PRIOR TO LEASE-SIGNING THE RESULTS OF A TEST OF THE DRINKING
 WATER OF THE RESIDENTIAL PROPERTY THAT IS THE SUBJECT OF THE  LEASE  FOR
 THE  PRESENCE  OF LEAD CONDUCTED NO MORE THAN TWELVE MONTHS PRIOR TO THE
 COMMENCEMENT OF THE LEASE.   ANY SUCH  OWNER  REQUIRED  TO  PROVIDE  THE
 RESULTS  OF  A TEST PURSUANT TO THIS SECTION SHALL SUBMIT THE RESULTS OF
 SUCH TEST TO THE  DEPARTMENT  OF  HEALTH  IN  A  MANNER  THE  DEPARTMENT
 PRESCRIBES.
   3. (A) THE DEPARTMENT OF HEALTH SHALL PROMULGATE THE STANDARDS FOR ANY
 SUCH  TESTS  CONDUCTED  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION AND
 COLLECT ALL RESULTS OF ALL SUCH TESTS.  SUCH TESTS SHALL PROVIDE FOR THE
 TESTING OF WATER FROM THE SERVICE LINES LEADING INTO THE DWELLING.   THE
 COMMISSIONER  OF  HEALTH SHALL INCLUDE A DETAILED SUMMARY OF THE RESULTS
 OF SUCH TESTS THROUGHOUT THE STATE IN THE ANNUAL REPORT REQUIRED  PURSU-
 ANT  TO  PARAGRAPH  (I)  OF SUBDIVISION FOUR OF SECTION THIRTEEN HUNDRED
 SEVENTY-B OF THE PUBLIC HEALTH LAW AND  SHALL  USE  THE  DATA  COLLECTED
 PURSUANT  TO  THIS PARAGRAPH TO IDENTIFY COMMUNITIES OF CONCERN PURSUANT
 TO SECTION THIRTEEN HUNDRED SEVENTY-A OF THE PUBLIC HEALTH LAW.
   (B) (I) IN ANY COMMUNITIES OF CONCERN, IF ANY DWELLING UNIT  IS  FOUND
 PURSUANT  TO  TESTING PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION TO
 HAVE DRINKING WATER WITH LEAD IN EXCESS OF FIFTEEN  PARTS  PER  BILLION,
 THE OWNER SHALL:
   (A)  PROVIDE  IMMEDIATE  AND LASTING ACCESS TO SAFE WATER FOR DRINKING
 AND BATHING; AND

 S. 6969                            11
 
   (B) WITHIN THREE MONTHS, PROVIDE LONG-TERM  REMEDIATION  OR  ABATEMENT
 LASTING AT LEAST THE DURATION OF THE TENANCY; OR
   (C)  PROVIDE  THE TENANT WITH REASONABLE ALTERNATIVE ACCOMMODATION FOR
 THE DURATION OF THE TENANCY AT NO GREATER  COST,  INCLUDING  ALL  MOVING
 EXPENSES NOT TO EXCEED ONE MONTH'S RENT.
   (II)  ANY  OWNER FOUND IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION
 OR THIS SUBDIVISION SHALL BE SUBJECT TO A FINE PER DWELLING UNIT OF FIVE
 HUNDRED DOLLARS FOR THE FIRST VIOLATION, ONE THOUSAND  DOLLARS  FOR  THE
 SECOND  VIOLATION,  AND  ONE THOUSAND FIVE HUNDRED DOLLARS FOR THE THIRD
 AND SUCCESSIVE VIOLATIONS. EVERY ADDITIONAL THIRTY DAYS ANY VIOLATION OF
 SUCH SUBDIVISIONS IS NOT REMEDIED, STARTING THIRTY DAYS AFTER THE  ISSU-
 ANCE  OF  THE  FIRST  VIOLATION,  SHALL BE SUBJECT TO AN ADDITIONAL FINE
 EQUAL TO THE FINE LEVIED BY THE INITIAL VIOLATION.  FIFTY PERCENT OF ANY
 FINE ISSUED PURSUANT TO SUCH SUBDIVISIONS SHALL BE PAID DIRECTLY TO  ANY
 TENANT OR TENANTS OF THE AFFECTED DWELLING UNITS IN THE FORM OF A CREDIT
 FOR  FUTURE RENT OR A REBATE ON RENT ALREADY PAID SHOULD THE RENT DUE ON
 THE DURATION OF THE TENANCY BE LESS THAN  THE  AMOUNT  OWED  UNDER  THIS
 SUBDIVISION.
   (C)  IF  THE  OWNER  OF  A  DWELLING UNIT SUBJECT TO THIS SECTION WITH
 DRINKING WATER HAVING LEAD IN EXCESS OF FIFTEEN PARTS PER BILLION  FINDS
 THAT THE SOURCE OF THE LEAD CONTAMINATE IS PARTIALLY OR FULLY OWNED BY A
 DIFFERENT  PERSON  OR ENTITY, SUCH PERSON OR ENTITY SHALL BE RESPONSIBLE
 FOR ANY COSTS INCURRED IN COMPLIANCE WITH THIS  SECTION  EITHER  THROUGH
 DIRECT REIMBURSEMENT OF THE OWNER OF THE MULTIPLE DWELLING OR VIA DIRECT
 PAYMENT  TO  THE TENANT OR TENANTS, EXCEPTING SUBPARAGRAPH (II) OF PARA-
 GRAPH (B) OF THIS SUBDIVISION. THE OWNERSHIP OF THE  SOURCE  OF  CONTAM-
 INATE SHALL BE REPORTED TO THE COMMISSIONER OF HEALTH.
   (D)  NO OWNER OR PERSONS RESPONSIBLE FOR THE SOURCE OF THE CONTAMINATE
 WHERE THE SOURCE IS SERVICE PIPES PROVIDING DRINKING WATER TO THE  RESI-
 DENTIAL  DWELLING  UNIT  WHERE  SUCH WATER IS FOUND TO CONTAIN MORE THAN
 FIFTEEN PARTS PER BILLION OF LEAD MAY PARTIALLY REPLACE ANY LEAD SERVICE
 PIPES, EVEN IF THE OWNER OR  PERSONS  RESPONSIBLE  DO  NOT  CONTROL  THE
 ENTIRETY  OF  THE  CONTAMINATED SERVICE LINES. SERVICE LINES FOUND TO BE
 CONTRIBUTING TO THE CONTAMINATION OF DRINKING WATER TO A  DWELLING  UNIT
 SUBJECT TO THIS SUBDIVISION SHALL BE REPLACED IN FULL.
   4. (A) IN EVERY TOWN, VILLAGE, COUNTY, AND CITY OUTSIDE OF THE CITY OF
 NEW  YORK,  BEGINNING  JANUARY  FIRST, TWO THOUSAND TWENTY-FIVE, FOR ANY
 CLASS A MULTIPLE DWELLING  CONSTRUCTED  BEFORE  NINETEEN  SEVENTY-EIGHT,
 WITHIN  FIVE  YEARS  OF SUCH DATE; OR PRIOR TO THE ISSUANCE OF A CERTIF-
 ICATE OF OCCUPANCY; OR WITHIN ONE YEAR AFTER THE OWNER  OR  LANDLORD  IS
 NOTIFIED  THAT  A  CHILD  OF  SIX  YEARS OR YOUNGER COMES TO RESIDE IN A
 DWELLING UNIT SUBJECT TO THE REQUIREMENTS OF THIS  SECTION;  OR  AT  THE
 TIME  OF  INSPECTION FOR ANY STATE OR FEDERAL AFFORDABLE HOUSING PROGRAM
 OR AT THE TIME OF INSPECTION FOR ANY STATE-FUNDED RENTAL VOUCHER, WHICH-
 EVER IS SOONER, AN INVESTIGATION FOR THE PRESENCE  OF  LEAD-BASED  PAINT
 UNDERTAKEN  PURSUANT  TO THIS SUBDIVISION SHALL BE PERFORMED BY A PERSON
 WHO (I) IS NOT THE OWNER OR THE AGENT OF THE  OWNER  OR  ANY  CONTRACTOR
 HIRED  TO  PERFORM  WORK  RELATED TO THE REMEDIATION OF LEAD-BASED PAINT
 HAZARDS, AND (II) IS CERTIFIED AS AN INSPECTOR OR RISK ASSESSOR PURSUANT
 TO SECTION 745.226 OF TITLE 40 OF THE CODE OF FEDERAL REGULATIONS.  SUCH
 INSPECTION SHALL CONSIST OF THE USE OF AN X-RAY FLUORESCENCE ANALYZER ON
 ALL  TYPES  OF  SURFACES  IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN
 CHAPTER 7 OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN  DEVELOP-
 MENT  GUIDELINES  FOR  THE  EVALUATION  AND  CONTROL OF LEAD-BASED PAINT
 HAZARDS IN HOUSING, INCLUDING ON CHEWABLE SURFACES,  FRICTION  SURFACES,
 AND  IMPACT  SURFACES, TO DETERMINE WHETHER LEAD-BASED PAINT IS PRESENT,

 S. 6969                            12
 
 AND WHERE SUCH PAINT IS LOCATED, IN SUCH DWELLING UNIT. PROVIDED, HOWEV-
 ER, THAT THE INVESTIGATION SPECIFIED BY THIS SUBDIVISION  SHALL  NOT  BE
 REQUIRED IF AN INVESTIGATION THAT COMPLIES WITH THE REQUIREMENTS OF THIS
 SUBDIVISION  WAS  PREVIOUSLY  COMPLETED AND THE OWNER RETAINS RECORDS OF
 SUCH INVESTIGATION.  THE RESULTS OF ANY  INVESTIGATION  REQUIRED  TO  BE
 COMPLETED  PURSUANT TO THIS SECTION SHALL BE SUBMITTED TO THE DEPARTMENT
 OF HEALTH IN A MANNER THE DEPARTMENT PRESCRIBES.
   (B) (I) THE DEPARTMENT OF HEALTH SHALL PROMULGATE  THE  STANDARDS  FOR
 ANY  INVESTIGATION REQUIRED TO BE CONDUCTED PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION AND COLLECT ALL RESULTS OF ALL SUCH TESTS.  THE COMMIS-
 SIONER OF HEALTH SHALL INCLUDE A DETAILED SUMMARY OF THE RESULTS OF SUCH
 INVESTIGATIONS THROUGHOUT THE STATE IN THE ANNUAL REPORT REQUIRED PURSU-
 ANT TO PARAGRAPH (I) OF SUBDIVISION FOUR  OF  SECTION  THIRTEEN  HUNDRED
 SEVENTY-B  OF  THE  PUBLIC  HEALTH  LAW AND SHALL USE THE DATA COLLECTED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION TO IDENTIFY COMMUNITIES OF
 CONCERN PURSUANT TO SECTION THIRTEEN HUNDRED  SEVENTY-A  OF  THE  PUBLIC
 HEALTH LAW.
   (III)  ANY  OWNER FOUND TO BE IN VIOLATION OF THE REQUIREMENTS OF THIS
 SUBDIVISION SHALL BE SUBJECT TO A FINE OF FIVE HUNDRED DOLLARS  FOR  THE
 FIRST  OFFENSE,  ONE  THOUSAND DOLLARS FOR THE SECOND OFFENSE, AND UP TO
 FIVE THOUSAND DOLLARS FOR THE THIRD AND ANY SUBSEQUENT  OFFENSES.  FIFTY
 PERCENT  OF  ANY  FINE ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE PAID
 DIRECTLY TO ANY TENANT OR TENANTS OF THE AFFECTED DWELLING UNITS IN  THE
 FORM OF A CREDIT FOR FUTURE RENT OR A REBATE ON RENT ALREADY PAID SHOULD
 THE RENT DUE ON THE DURATION OF THE TENANCY BE LESS THAN THE AMOUNT OWED
 UNDER THIS SUBDIVISION.
   5.  ANY CLASS A MULTIPLE DWELLING CONSTRUCTED BEFORE NINETEEN SEVENTY-
 EIGHT THAT HAS NOT BEEN PREVIOUSLY INSPECTED FOR AND CERTIFIED  FOR  THE
 ABATEMENT OR REMEDIATION OF LEAD BASED PAINT SHALL BE PRESUMED TO HAVE A
 HIGH RISK FOR LEAD BASED PAINT. THIS SECTION SHALL SERVE AS CONSTRUCTIVE
 NOTICE  FOR  ANY CLASS A MULTIPLE DWELLING CONSTRUCTED PRIOR TO NINETEEN
 SEVENTY-EIGHT OF A HIGH RISK OF LEAD BASED PAINT.
   6. THE OWNER OF ANY DWELLING THAT PERFORMS ANY WORK  OR  PROVIDES  ANY
 NOTICES  PURSUANT  TO  THIS SECTION SHALL RETAIN ALL RECORDS RELATING TO
 SUCH WORK OR NOTICES FOR A PERIOD OF NO LESS  THAN  ONE  YEAR  FROM  THE
 COMPLETION  DATE  OF SUCH WORK OR NOTIFICATION PURSUANT TO RULES PROMUL-
 GATED BY THE COMMISSIONER OF HEALTH. THE OWNER SHALL KEEP A  RECORD  OF:
 (A)  THE  DATE THAT SUCH UNIT TURNED OVER WHENEVER SUCH TURNOVER OCCURS;
 (B) THE  NAME  OF  EACH  INSPECTOR,  RISK  ASSESSOR  OR  CONTRACTOR  WHO
 PERFORMED  REQUIRED INVESTIGATIONS PURSUANT TO THIS SECTION; AND (C) ALL
 TESTING RESULTS PERFORMED PURSUANT TO THIS SECTION AND  ANY  OTHER  LEAD
 BASED PAINT TESTING THAT HAS OCCURRED IN SUCH UNIT. THE OWNER SHALL MAKE
 ANY  SUCH  RECORDS  REQUIRED TO BE RETAINED BY THIS SECTION AVAILABLE TO
 THE DEPARTMENT OF HEALTH UPON THE COMMISSIONER OF HEALTH'S REQUEST,  AND
 SHALL TRANSFER SUCH RECORDS TO THE OWNER'S SUCCESSOR IN TITLE.
   7.  THE  DEPARTMENT  OF HEALTH SHALL PROMULGATE A NOTICE THAT INCLUDES
 THE RISK OF LEAD EXPOSURE TO CHILDREN AND THE RISK OF LEAD POISONING  IN
 DWELLINGS  CONSTRUCTED PRIOR TO NINETEEN SEVENTY-EIGHT. THE COMMISSIONER
 OF HEALTH SHALL REQUIRE SUCH NOTICE BE APPENDED TO  EVERY  LEASE  FOR  A
 CLASS  A  MULTIPLE DWELLING CONSTRUCTED PRIOR TO NINETEEN SEVENTY-EIGHT.
 THE COMMISSIONER OF HEALTH MAY MAINTAIN  A  LIST  OF  CLASS  A  MULTIPLE
 DWELLINGS EXEMPT FROM SUCH NOTICE DUE TO CERTIFICATES OF LEAD ABATEMENT.
   8.  THE COMMISSIONER OF HEALTH SHALL COLLECT ALL FINES DUE PURSUANT TO
 THIS SECTION IN A FUND CREATED FOR AND SOLELY DEDICATED TO THIS PURPOSE.
 THE COMMISSIONER OF HEALTH SHALL PROMULGATE ANY  RULES  AND  REGULATIONS
 NECESSARY TO DISTRIBUTE THESE FUNDS ANNUALLY TO CITIES, COUNTIES, TOWNS,

 S. 6969                            13
 
 AND VILLAGES OUTSIDE OF TOWNS FOR THE PURPOSE OF THE ENFORCEMENT OF THIS
 SECTION  AND FOR THE FURTHERANCE OF LEAD ABATEMENT AND REMEDIATION, WITH
 AT LEAST SEVENTY-FIVE PERCENT OF FUNDS TO BE DIRECTED TO COMMUNITIES  OF
 CONCERN  PURSUANT  TO  SECTION  THIRTEEN HUNDRED SEVENTY-A OF THE PUBLIC
 HEALTH LAW. THE COMMISSIONER OF HEALTH MAY, AT HIS  OR  HER  DISCRETION,
 DISTRIBUTE THESE FUNDS DIRECTLY TO THE OWNERS OF CLASS A MULTIPLE DWELL-
 INGS SUBJECT TO THIS SECTION WHO OWN FIFTY OR FEWER DWELLING UNITS SOLE-
 LY TO CONDUCT LEAD TESTING, INSPECTION, REMEDIATION OR ABATEMENT IN HIGH
 RISK  LOCALITIES.    THE COMMISSIONER OF HEALTH SHALL INCLUDE A DETAILED
 SUMMARY OF THE NUMBER OF FINES COLLECTED BROKEN  DOWN  BY  CENSUS  TRACT
 AND/OR  ZIP  CODE,  AND  HOW  THE  FUNDS DISPERSED, IN THE ANNUAL REPORT
 REQUIRED PURSUANT TO PARAGRAPH (I) OF SUBDIVISION FOUR OF SECTION  THIR-
 TEEN HUNDRED SEVENTY-B OF THE PUBLIC HEALTH LAW.
   9.  THE  COMMISSIONER  OF  HEALTH  SHALL PROMULGATE ANY RULES OR REGU-
 LATIONS REQUIRED TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   § 14. This act shall take effect immediately.