S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4471
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred 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, subdivision 8 as added by section  1  of
 part T of chapter 57 of the laws of 2023, 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] SUCH COMMISSIONER'S 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.
                                                            LBD08022-01-5
 A. 4471                             2
              

 
   [3.] 4. "COMMUNITY OF CONCERN" MEANS AN AREA DESIGNATED AS SUCH BY THE
 COMMISSIONER OR  SUCH  COMMISSIONER'S  REPRESENTATIVE  WITH  SIGNIFICANT
 CONCENTRATIONS 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.
   [8.] 10. "Owner" means and includes the owner or owners of  the  free-
 hold  of the premises or lesser estate therein, a mortgagee or vendee in
 possession, assignee of  rents,  receiver,  executor,  trustee,  lessee,
 agent,  or any other person, firm or corporation, directly or indirectly
 in control of a dwelling.
   § 3. Section 1370-a of the public health law, as added by chapter  485
 of the laws of 1992, paragraph (a) of subdivision 2 and subdivision 3 as
 amended  by  section  4 of part A of chapter 58 of the laws of 2009, and
 paragraphs (c) and (d) of subdivision 2 as amended  and  paragraphs  (e)
 and (f) of subdivision 2 as added by chapter 532 of the laws of 2022, 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] PEOPLE, including requirements for blood lead  testing,
 for  lead  poisoning, and for follow up of children and pregnant [women]
 PEOPLE 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)
 A. 4471                             3
 
 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;
   [(d)]  (E)  develop  and  implement  public  education  and  community
 outreach programs on lead exposure, detection and risk reduction;
   [(e)] (F) require primary health care providers to provide the  parent
 or  guardian  of each child under six years of age anticipatory guidance
 on lead poisoning prevention as part of routine care, including but  not
 limited  to  contact information for the state-designated childhood lead
 poisoning primary prevention program serving their county; and
   [(f)] (G) develop and update as necessary, in  consultation  with  the
 New  York  state advisory council on lead poisoning prevention, a stand-
 ardized lead exposure risk assessment questionnaire that shall be avail-
 able on the department's website for primary health  care  providers  to
 utilize pursuant to subdivision two-a of section thirteen hundred seven-
 ty-c of this title.
   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] PEOPLE 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 munic-
 A. 4471                             4
 
 ipal government regarding inspection of the [paint] conditions in dwell-
 ings  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]
 PEOPLE within the communities of concern, including the purchase of lead
 testing devices and supplies when the need for such resources is identi-
 fied 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 author-
 ized  to  enter into agreements, contracts, subcontracts or memoranda of
 understanding with, and provide technical and other resources to,  local
 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  such  subdivision as 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] SUCH COMMISSIONER'S 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
 A. 4471                             5
 
 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
 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] SUCH COMMISSIONER'S representative shall
 designate an area of high risk, [he or she] SUCH COMMISSIONER OR  REPRE-
 SENTATIVE  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] SUCH COMMISSIONER'S representative
 under such safety conditions as may be indicated and the refinishing  of
 A. 4471                             6
 
 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] SUCH COMMISSIONER'S representative shall
 take enforcement action as deemed appropriate  by  the  commissioner  or
 [his  or  her]  SUCH  COMMISSIONER'S  representative,  which may include
 conducting a formal hearing upon  due  notice  in  accordance  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.
   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]  SUCH OWNER OR OCCUPANT'S last known address or place of resi-
 dence.
   5. The removal of a tenant from or the surrender by the  tenant  of  a
 dwelling  with  respect  to which the commissioner or [his] SUCH COMMIS-
 SIONER'S representative, pursuant to subdivision one  of  this  section,
 has  given written notice and demand for the discontinuance of a [paint]
 condition conducive 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]  SUCH  OFFICER'S
 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.
 A. 4471                             7

   4. As soon as practicable after completion  of  [his]  THE  RECEIVER'S
 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]
 SUCH RECEIVER shall be relieved of any further responsibility or liabil-
 ity in connection with [his] THEIR 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-
 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-FIVE.
   (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
 A. 4471                             8
 
 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 61.
   ARTICLE 22: SECTION 606, SUBSECTIONS (I) AND (QQQ).
   § 9. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 61 to read as follows:
   61.  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
 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
 A. 4471                             9
 
 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 (lii) to read as
 follows:
 (LII) LEAD REMEDIATION AND           AMOUNT OF CREDIT UNDER SUBDIVISION
 ABATEMENT CREDIT UNDER SUBSECTION    SIXTY-ONE OF SECTION TWO
 (QQQ)                                HUNDRED TEN-B
   § 11. Section 606 of the tax law is amended by adding a new subsection
 (qqq) to read as follows:
   (QQQ) 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-
 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
 A. 4471                            10

 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-SIX, 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
 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-SIX,  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
 A. 4471                            11
 
 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
   (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-NINE, FOR ANY
 A. 4471                            12
 
 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,
 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.
   (II)  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. 4471                            13

 (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,
 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 SUCH COMMISSIONER'S
 DISCRETION, DISTRIBUTE THESE FUNDS DIRECTLY TO THE  OWNERS  OF  CLASS  A
 MULTIPLE DWELLINGS SUBJECT TO THIS SECTION WHO OWN FIFTY OR FEWER DWELL-
 ING  UNITS  SOLELY  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  WERE  DISBURSED,  IN
 THE ANNUAL REPORT REQUIRED PURSUANT TO PARAGRAPH (I) OF SUBDIVISION FOUR
 OF SECTION THIRTEEN 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; provided, however,  that
 if  section 1 of part T of chapter 57 of the laws of 2023 shall not have
 taken effect on or before such date then subdivision 10 of section  1370
 of  the  public  health law, as amended by section one of this act shall
 take effect on the same date and in the same manner as such  chapter  of
 the laws of 2023, takes effect; and provided further that the amendments
 to  subdivision  10  of  section  1370  of the public health law made by
 section one of this act shall not affect the expiration of such subdivi-
 sion and shall expire and be deemed repealed therewith.