NY State Senate Bill 2025-S4069A

Senate Bill S4069A

2025-2026 Legislative Session

Requires any municipality which conducts lead testing to provide certain notices to the owner and any tenants of a residence upon a positive test

download bill text pdf

Current Bill Status - In Senate Committee Local Government 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 17, 2025	print number 4069a
Mar 17, 2025	amend and recommit to local government
Jan 31, 2025	referred to local government

Bill Amendments

Original

A (Active)

2025-S4069 - Details

See Assembly Version of this Bill:: A8203
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §139-f, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:: S9112

2025-S4069 - Summary

Requires any municipality which conducts lead testing to provide notices to the owner and any tenants of a residence upon a positive test and inform the owner and any tenants of lead abatement programs and other resources; requires municipalities to notify tenants of lead testing.

2025-S4069 - Sponsor Memo

                                 
BILL NUMBER: S4069

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to requiring any
municipality which conducts lead testing to provide certain notices to
the owner and any tenants of a residence upon a positive test

 
PURPOSE:

To require lead testing agencies to notify a residential unit's owner
and any occupants of a positive lead test result

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 requires any municipality or political subdivision thereof to
provide notice of a positive lead test to the property owner and any
tenants on the property. This notice would include information on local
resources for the tenant and property owner, and would be available in
commonly spoken non-English languages as necessary

Section 2 establishes the effective date of the bill

 
JUSTIFICATION:

Lead poisoning is a scourge in many of our older cities, severely harm-
ing the health of children. The most common source of lead poisoning is
from unabated lead paint. However, far too often families who are rent-
ing homes are not notified when the homes they are living in tests posi-
tive for lead, despite the need for urgent action. The notice goes to
the owner of the building, who may not take the remediation action need-
ed and the tenant will not know to take preventative steps to prevent
further poisoning from lead.

This bill mandates that the notice and resources tenants need are
provided to them when their building tests positive for lead. This
notification would detail the legal responsibilities of property owners
post-lead detection and empower tenants with knowledge about their
rights and necessary actions. It also requires information to be
provided to them on the detrimental effects of lead on children's health
and strategies for lead abatement.

By increasing the amount of information provided to tenants, we can
empower them to take charge of children's health and ensure the neces-
sary repairs are made.

 
LEGISLATIVE HISTORY:

2023-2024: S.9112 (May)

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2025-S4069 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4069
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in relation to requiring  any
   municipality which conducts lead testing to provide certain notices to
   the owner and any tenants of a residence upon a positive test

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 139-f to read as follows:
   §  139-F.  NOTICE  TO  OWNERS  AND TENANTS OF RESIDENCES WHERE LEAD IS
 PRESENT. 1. ANY MUNICIPALITY  OR  POLITICAL  SUBDIVISION  THEREOF  WHICH
 CONDUCTS  TESTS  FOR  THE  PRESENCE  OF LEAD SHALL PROVIDE NOTICE TO THE
 OWNER AND ANY TENANTS OF A RESIDENCE IF SUCH  RESIDENCE  TESTS  POSITIVE
 FOR LEAD.  SUCH NOTICE SHALL INCLUDE:
   (A) A DESCRIPTION OF THE LEGAL DUTIES OF THE PROPERTY OWNER AND INFOR-
 MATION REGARDING THE ENTITY RESPONSIBLE FOR ENFORCING SUCH DUTIES;
   (B) INFORMATION ON RESOURCES REGARDING THE IMPACTS OF LEAD ON CHILDREN
 AND ADULTS, INCLUDING BUT NOT LIMITED TO:
   (I)  INFORMATION  ON  THE  IMPACTS  AND RESPONSES OF LEAD POISONING IN
 CHILDREN, AS PUBLISHED BY THE DEPARTMENT OF HEALTH;
   (II) A LIST OF LOCAL HEALTH RESOURCES FOR  CHILDREN  WHO  HAVE  TESTED
 POSITIVE FOR LEAD POISONING; AND
   (III)  A  LIST  OF  LOCAL  RESOURCES  FOR  LEGAL  ASSISTANCE REGARDING
 TENANTS' RIGHTS;
   (C) INFORMATION REGARDING TENANTS' RIGHTS AND POSSIBLE NEXT STEPS; AND
   (D) IF A NON-ENGLISH LANGUAGE IS COMMONLY SPOKEN IN THE  MUNICIPALITY,
 A TRANSLATION OF SUCH NOTICE IN SUCH LANGUAGE SHALL BE PROVIDED.
   2. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL TESTING CONDUCTED
 PURSUANT  TO SECTION THIRTEEN HUNDRED SEVENTY-SEVEN OF THE PUBLIC HEALTH
 LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08689-01-5
 S. 4069                             2

 
   § 2. This act shall take effect immediately; provided,  however,  that
 if  section 2 of part T of chapter 57 of the laws of 2023 shall not have
 taken effect on or before such date then subdivision 2 of section  139-e
 of  the  general municipal law as added 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.

2025-S4069A (ACTIVE) - Details

See Assembly Version of this Bill:: A8203
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §139-f, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:: S9112

2025-S4069A (ACTIVE) - Summary

2025-S4069A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4069A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to requiring any
municipality which conducts lead testing to provide certain notices to
the owner and any tenants of a residence upon a positive test

 
PURPOSE:

To require lead testing agencies to notify a residential unit's owner
and any occupants of a positive lead test result

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 requires any municipality or political subdivision thereof to
provide notice of a positive lead test to the property owner and any
tenants on the property. This notice would include information on local
resources for the tenant and property owner, and would be available in
commonly spoken non-English languages as necessary

Section 2 establishes the effective date of the bill

 
JUSTIFICATION:

Lead poisoning is a scourge in many of our older cities, severely harm-
ing the health of children. The most common source of lead poisoning is
from unabated lead paint. However, far too often families who are rent-
ing homes are not notified when the homes they are living in tests posi-
tive for lead, despite the need for urgent action. The notice goes to
the owner of the building, who may not take the remediation action need-
ed and the tenant will not know to take preventative steps to prevent
further poisoning from lead.

This bill mandates that the notice and resources tenants need are
provided to them when their building tests positive for lead. This
notification would detail the legal responsibilities of property owners
post-lead detection and empower tenants with knowledge about their
rights and necessary actions. It also requires information to be
provided to them on the detrimental effects of lead on children's health
and strategies for lead abatement.  By increasing the amount of informa-
tion provided to tenants, we can empower them to take charge of chil-
dren's health and ensure the necessary repairs are made.

 
LEGISLATIVE HISTORY:

2023-2024: S.9112 (May)

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2025-S4069A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4069--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general municipal law, in relation to requiring  any
   municipality which conducts lead testing to provide certain notices to
   the owner and any tenants of a residence upon a positive test
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 139-f to read as follows:
   §  139-F.  NOTICE  TO  OWNERS  AND TENANTS OF RESIDENCES WHERE LEAD IS
 PRESENT. 1. ANY MUNICIPALITY  OR  POLITICAL  SUBDIVISION  THEREOF  WHICH
 CONDUCTS  TESTS  FOR  THE  PRESENCE  OF LEAD SHALL PROVIDE NOTICE TO THE
 OWNER AND ANY TENANTS OF A RESIDENCE IF SUCH  RESIDENCE  TESTS  POSITIVE
 FOR  LEAD  WITHIN FIVE DAYS OF SUCH POSITIVE FINDING.  SUCH NOTICE SHALL
 INCLUDE:
   (A) THE REQUIRED RESPONSE FOR REMEDIATION, INCLUDING DATES OF  REMEDI-
 ATION,  AND  WHERE  APPLICABLE,  COURT  APPEARANCES,  HEARINGS  OR OTHER
 ACTIONS MANDATED BY THE MUNICIPALITY;
   (B) A LIST OF LEAD ABATEMENT PROGRAMS, GRANTS AND/OR OTHER RESOURCES;
   (C) WHERE APPLICABLE, THE POTENTIAL OUTCOMES IF THE PROPERTY OWNER  OF
 SUCH  DWELLING  FAILS TO MEET THE REQUIRED REMEDIATION INCLUDING ACTIONS
 TAKEN BY THE MUNICIPALITY;
   (D) INFORMATION REGARDING TENANTS' RIGHTS AND POSSIBLE NEXT STEPS; AND
   (E) IF A NON-ENGLISH LANGUAGE IS COMMONLY SPOKEN IN THE  MUNICIPALITY,
 A TRANSLATION OF SUCH NOTICE IN SUCH LANGUAGE SHALL BE PROVIDED.
   2.  TENANTS  AND PROPERTY OWNERS SHALL BE PROVIDED NOTICE AT LEAST TEN
 DAYS PRIOR TO CODE ENFORCEMENT  LEAD  TESTING  IN  A  DWELLING.  MUNICI-
 PALITIES  SHALL  DEMONSTRATE THAT THEY HAVE SUCCESSFULLY CONVEYED NOTICE
 TO TENANTS BY ACKNOWLEDGEMENT OF RECEIPT.  IN  THE  EVENT  OF  A  FAILED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08689-02-5

 S. 4069--A                          2
 
 ATTEMPT TO NOTIFY TENANTS, THE MUNICIPALITY SHALL ESTABLISH A POLICY FOR
 NOTIFYING TENANTS.
   3.  MUNICIPALITIES SHALL NOTIFY TENANTS AND PROPERTY OWNERS OF A PROP-
 ERTY IF LEAD LEVELS MAY RENDER SUCH  PROPERTY  UNINHABITABLE  AND/OR  IF
 ALLOWING  THE  LEAD LEVELS TO MAINTAIN UNABATED MAY RENDER SUCH PROPERTY
 UNINHABITABLE. SUCH NOTIFICATION  SHALL  INCLUDE  TENANTS  AND  PROPERTY
 OWNERS  OF TENANTS' RIGHTS PURSUANT TO SECTION ONE HUNDRED FORTY-THREE-B
 OF THE SOCIAL SERVICES LAW.  MUNICIPALITIES  SHALL  NOTIFY  TENANTS  AND
 PROPERTY  OWNERS  OF ANY MUNICIPAL LAWS AND/OR POLICIES THAT MAY LEAD TO
 THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES BEING NOTIFIED OF A POSI-
 TIVE IN-HOME LEAD TEST. WHERE SUCH POLICIES ARE IN PLACE, MUNICIPALITIES
 SHALL NOTIFY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND  TENANTS
 THAT  CHILDREN  CANNOT  BE  REMOVED  FROM PARENTS FOR FAILING TO PROVIDE
 ADEQUATE HOUSING PURSUANT TO SECTION ONE THOUSAND TWELVE OF  THE  FAMILY
 COURT ACT.
   4. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL TESTING CONDUCTED
 PURSUANT  TO SECTION THIRTEEN HUNDRED SEVENTY-SEVEN OF THE PUBLIC HEALTH
 LAW.
   § 2. This act shall take effect immediately.

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