Senate Bill S4069A

                             
                     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.