NY State Senate Bill 2025-S10427

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2026	referred to judiciary

2025-S10427 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §235-k, RP L

2025-S10427 (ACTIVE) - Summary

Requires a landlord to permit inspection of residential premises located within a designated superfund or brownfield site if requested by a tenant.

2025-S10427 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S10427

SPONSOR: GONZALEZ
 
TITLE OF BILL:

An act to amend the real property law, in relation to residential envi-
ronmental transparency

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This bill would establish the right of a tenant or lessee to have their
residence inspected and tested in accordance with Superfund or Brown-
field procedure. The bill establishes that a landlord shall not deny a
request for testing if they are eligible. The bill also includes
enforcement provisions.

 
SUMMARY OF PROVISIONS:

Section 1 amends the real property law by adding a new section 235-k.

Section 2 is the effective date.

 
JUSTIFICATION:

In 1980 Congress established the Comprehensive Environmental Response,
Compensation and Liability Act, informally called the Superfund, that
allows the Environmental Protection Agency to clean up contaminated
sites. The Environmental Protection Agency or their appointee, has been
conducting testing and performing remediation efforts to clear up these
hazardous vapors have been found in the soil and groundwater beneath
Greenpoint and East Williamsburg.

As the EPA works to inspect residences around the Plume site, they have
faced pushback from landlords and other building managers refusing to
permit this crucial testing. For a Superfund site like the Meeker Plume,
residents in the basement and lower-level apartments are most at risk
for ill health effects including cancer and impacts to the immune
system.

This bill would remedy this issue by establishing a right to testing for
eligible apartments, penalty provisions to compel testing of eligible
residences, and include language that a landlord or owner shall not be
liable for a violation if a tenant refused entry or if testing has been
completed.

As the EPA works to test and remediate the Meeker Avenue Plume site, it
is important for the health of our community to ensure they are able to
perform this crucial work as this bill seeks to enable.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2025-S10427 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10427
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in relation to residential  envi-
   ronmental transparency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The real property law is amended by adding  a  new  section
 235-k to read as follows:
   §  235-K.  RESIDENTIAL ENVIRONMENTAL TRANSPARENCY. 1. FOR THE PURPOSES
 OF THIS SECTION:
   (A) "LANDLORD" SHALL MEAN ANY FEE OWNER, LESSOR, SUBLESSOR,  ASSIGNOR,
 COURT  APPOINTED  RECEIVER,  OR  ANY OTHER PERSON OR ENTITY RECEIVING OR
 ENTITLED TO RECEIVE RENT FOR THE OCCUPANCY OF ANY HOUSING  ACCOMMODATION
 OR AN AGENT OF ANY OF THE FOREGOING.
   (B)  "TENANT"  SHALL  MEAN A TENANT, SUB-TENANT, LESSEE, SUBLESSEE, OR
 ANY OTHER PERSON ENTITLED TO THE LAWFUL POSSESSION, USE OR OCCUPANCY  OF
 ANY HOUSING ACCOMMODATION.
   (C)  "SUPERFUND  SITE" SHALL MEAN A CONTAMINATED SITE AS DESIGNATED BY
 THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY DUE TO HAZARDOUS WASTE
 BEING DUMPED, LEFT OUT IN THE OPEN, OR OTHERWISE IMPROPERLY MANAGED; AND
   (D) "BROWNFIELD SITE" OR "SITE" SHALL MEAN ANY REAL PROPERTY  WHERE  A
 CONTAMINANT  IS  PRESENT AT LEVELS EXCEEDING THE SOIL CLEANUP OBJECTIVES
 OR OTHER HEALTH-BASED OR ENVIRONMENTAL STANDARDS, CRITERIA  OR  GUIDANCE
 ADOPTED  BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION THAT ARE APPLI-
 CABLE BASED ON THE  REASONABLY  ANTICIPATED  USE  OF  THE  PROPERTY,  IN
 ACCORDANCE WITH APPLICABLE REGULATIONS.
   2.  (A)  A TENANT, RESIDENTIAL LESSEE, OR SUBLESSEE WHO RESIDES WITHIN
 OR WHOSE RESIDENCE IS OTHERWISE ELIGIBLE FOR AN INSPECTION  IN  RELATION
 TO  A NEARBY DESIGNATED SUPERFUND SITE OR BROWNFIELD SITE SHALL HAVE THE
 RIGHT TO HAVE THEIR RESIDENCE  INSPECTED  AND  TESTED  BY  ONE  OR  MORE
 GOVERNMENT-EMPLOYED  OR  GOVERNMENT-CONTRACTED  INSPECTORS IN ACCORDANCE
 WITH THE INSPECTION OR TESTING PROCEDURE  CREATED  FOR  SUCH  DESIGNATED
 SITE.  SUCH  TESTING  SHALL BE CONDUCTED AND/OR PERMITTED WITHIN THE ZIP
 CODE OF SUCH SITE OR AT THE DETERMINATION OF THE TESTING AUTHORITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15719-02-6
 S. 10427                            2
 
   (B) A LANDLORD, LESSOR, OR PROPERTY OWNER SHALL  NOT  DENY  A  REQUEST
 FROM A TENANT, RESIDENTIAL LESSEE, OR SUBLESSEE TO PERMIT INSPECTION AND
 TESTING  IF  ELIGIBLE  UNDER THIS SECTION. UPON SUCH REQUEST, SUCH LAND-
 LORD, LESSOR, OR PROPERTY OWNER SHALL PERMIT INSPECTION AND  TESTING  BY
 GOVERNMENT-EMPLOYED  OR  GOVERNMENT-CONTRACTED  INSPECTORS  WITHIN SIXTY
 DAYS OF SUCH REQUEST OR THE NEXT EARLIEST AVAILABLE INSPECTION DATE.
   (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PERMIT AN  INSPECTOR
 TO  ENTER  A  RESIDENCE WHERE A TENANT, RESIDENTIAL LESSEE, OR SUBLESSEE
 HAS NOT REQUESTED SUCH INSPECTION.
   (D) SUCH TESTING AND INSPECTION  SHALL  BE  AT  THE  DETERMINATION  OF
 GOVERNMENT-EMPLOYED  OR  GOVERNMENT-CONTRACTED INSPECTORS INCLUDING, BUT
 NOT LIMITED TO, THE RESIDENCE OF THE REQUESTING  INDIVIDUAL  AND/OR  ANY
 COMMON SPACES WITHIN THE RESIDENCE IN ACCORDANCE WITH THE TESTING PROCE-
 DURES.
   (E)  A  LANDLORD,  LESSOR,  OR  PROPERTY  OWNER  MAY  REFUSE TO PERMIT
 INSPECTION AND TESTING IF  PREVIOUS  INSPECTION  AND  TESTING  HAS  BEEN
 COMPLETED BY GOVERNMENT-EMPLOYED OR GOVERNMENT-CONTRACTED INSPECTORS AND
 A COPY OF THE RESULTS FROM SUCH INSPECTION ARE PROVIDED TO THE TENANT.
   3. FAILURE OF A LANDLORD, LESSOR, OR PROPERTY OWNER TO COMPLY WITH THE
 PROVISIONS  OF THIS SECTION AND PERMIT ENTRY TO A PREMISES TO INSPECTION
 AND TESTING SHALL CONSTITUTE A VIOLATION SUBJECT TO A CIVIL  PENALTY  OF
 NOT  MORE  THAN  ONE  THOUSAND  DOLLARS FOR EACH SUCH VIOLATION.   FOR A
 SECOND VIOLATION A LANDLORD, LESSOR, OR PROPERTY OWNER OF A  RESIDENTIAL
 PREMISES SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE THOU-
 SAND  DOLLARS  FOR EACH VIOLATION. FOR A THIRD AND SUBSEQUENT VIOLATIONS
 OF THIS SECTION A TENANT, RESIDENTIAL LESSEE, OR SUBLESSEE MAY APPLY  TO
 THE COURT FOR AN ORDER TO ENFORCE THE PROVISIONS OF THIS SECTION. IN THE
 EVENT  THE  COURT  ISSUES  AN ORDER IT SHALL MAKE PROVISION FOR AN EXPE-
 DITIOUS TRIAL OF THE UNDERLYING ACTION. A LANDLORD, LESSOR, OR  PROPERTY
 OWNER  SHALL  NOT  BE LIABLE FOR A VIOLATION OF THIS SECTION IF THEY CAN
 PROVE TO THE COURT THAT A TENANT OF  THE  RESIDENCE  REFUSED  ENTRY  FOR
 INSPECTION  AND  TESTING. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED
 TO IMPAIR OR LIMIT THE ABILITY  OF  A  TENANT,  RESIDENTIAL  LESSEE,  OR
 SUBLESSEE  TO ENFORCE THE PROVISIONS OF THIS SECTION IN ANY OTHER MANNER
 PERMITTED BY LAW.
   § 2. This act shall take effect immediately.

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Senate Bill S10427

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

Actions

2025-S10427 (ACTIVE) - Details

2025-S10427 (ACTIVE) - Summary

2025-S10427 (ACTIVE) - Sponsor Memo

2025-S10427 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Kristen Gonzalez

Current Bill Status - In Senate Committee Judiciary Committee

Actions

2025-S10427 (ACTIVE) - Details

2025-S10427 (ACTIVE) - Summary

2025-S10427 (ACTIVE) - Sponsor Memo

2025-S10427 (ACTIVE) - Bill Text download pdf

Comments