S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1568

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERKINS -- 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 real property  law,  the  tax
  law,  the  state  finance law, the multiple dwelling law, the multiple
  residence law, the social services law,  and  the  insurance  law,  in
  relation to enacting the "childhood lead poisoning prevention and safe
  housing  act  of 2013"; and to repeal certain provisions of the public
  health law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "childhood
lead poisoning prevention and safe housing act of 2013".
  S 2. Legislative findings and purposes.   1.  (a)  Lead  poisoning  of
children  persists as one of the most prevalent and preventable environ-
mental diseases in New York.  At least 10,000 children were newly  iden-
tified with levels of lead in their blood at 10 micrograms per deciliter
(ug/dl)  in  New  York  state in 2001. Moreover, only about one-third of
children are receiving the lead screenings that are required by law  and
therefore,  the  actual  number of children affected by the ingestion of
lead is undoubtedly significantly greater than reported.  Prevention  is
the  only  effective  way  to protect children from irreversible damage.
Unless lead poisoning is prevented,  elevated  blood  lead  levels  will
result in impairment of the ability to think, concentrate, and learn.
  (b)  Medical  research  indicates  that children can suffer permanent,
irreparable damage at blood levels even lower than 10  ug/dl,  and  that
there  is  no  level  of lead ingestion which is without adverse impact.
Medical research also indicates that fetal injuries from lead paint  can
occur  if women have elevated blood levels during pregnancy.  Because of
this, intervention measures that wait until children have  been  exposed
have  limited  benefits,  and  the  pursuit of primary prevention, which

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04229-01-3

S. 1568                             2

means eliminating lead hazards before children  are  exposed,  has  been
recommended  by  the  United  States  centers  for  disease  control and
prevention and promoted by leading experts in the field  as  a  critical
course of action to protect the health of young children.
  (c)  The predominant cause of lead poisoning in children is the inges-
tion of lead particles from deteriorating or  abraded  lead-based  paint
from older and poorly maintained residences.
  (d) Deteriorating lead-based paint or excessive amounts of lead-conta-
minated dust in these poorly maintained homes endangers the intellectual
and  emotional development and physical well being of affected children.
In addition, unsafe work practices that inadequately control  lead  dust
in  the  repair  or renovation of older homes can cause substantial lead
hazards.
  (e) Although New York state banned the sale of  lead  paint  in  1970,
(l.1970,  ch.  338) seventy-four percent of New York's housing stock was
constructed prior to 1970. At least ninety percent of  lead-based  paint
still  remaining  in occupied housing exists in units built before 1960.
New York state has both the largest percentage and the largest  absolute
number of older housing units with lead paint in the nation.
  (f)  The  dangers  posed  by  lead-based  paint  can  be substantially
reduced, although not eliminated, by taking measures  to  prevent  paint
deterioration  and  limiting children's exposure to paint chips and lead
dust.
  (g) The deterioration of lead-based paint in older residences  results
in increased expenses each year for the state of New York in the form of
special  education  and other education expenses, medical care for lead-
poisoned children, and expenditures  for  delinquent  youth  and  others
needing special supervision.
  (h) Older housing units remain an important part of New York's housing
stock,  particularly for those of modest or limited incomes. The problem
of lead-based paint in housing affects urban, suburban and  rural  areas
of the state.
  (i)  The existing housing codes and enforcement systems in most juris-
dictions do not include primary prevention measures for lead hazards and
have proven  ineffective  in  encouraging  widespread  lead-based  paint
hazard abatement, mitigation, and control.
  (j) The financial incentives currently in place have not proven suffi-
cient to motivate landlords and other property owners to undertake wide-
spread  and effective lead-based paint hazard abatement, mitigation, and
control; moreover low and moderate income property owners may  not  have
access  to  the  resources  to  eliminate  or  reduce substantially lead
hazards.
  (k) Insurance companies are reluctant to provide coverage to  property
owners  in the absence of evidence that lead hazards have been appropri-
ately addressed.
  (l) Knowledge of lead-based paint hazards, their control,  mitigation,
abatement, and risk avoidance is not sufficiently widespread, especially
outside urban areas.
  2. The purposes of this act are: (a) to increase the supply of afford-
able rental housing in the state of New York in which measures have been
taken  to  eliminate  or substantially reduce the risk of childhood lead
poisoning;
  (b) to ensure that New York's response  to  lead-based  paint  hazards
focuses  on primary prevention as the essential tool to combat childhood
lead poisoning, and thus to substantially reduce, and eventually  elimi-

S. 1568                             3

nate,  the  incidence  of  childhood  lead poisoning in the state of New
York;
  (c) to establish and make enforcement of lead hazard control standards
in the state of New York more certain and more effective;
  (d)  to  improve public awareness of lead safety issues and to educate
both property owners and tenants about practices  that  can  reduce  the
incidence of lead poisoning;
  (e)  to  provide access to the resources for property owners and land-
lords who commit to undertake specified lead hazard reduction  measures;
and
  (f)  to  facilitate  the  availability  and affordability of liability
insurance protection to those landlords and other owners  who  undertake
specified lead hazard reduction measures.
  S  3.  Section  1370  of  the  public health law is REPEALED and a new
section 1370 is added to read as follows:
  S 1370. DEFINITIONS.    1.  "ABATEMENT"  MEANS  ANY  SET  OF  MEASURES
DESIGNED  TO  PERMANENTLY ELIMINATE LEAD-BASED PAINT OR LEAD-BASED PAINT
HAZARDS. ABATEMENT INCLUDES THE REMOVAL OF LEAD-BASED PAINT, THE  PERMA-
NENT  ENCLOSURE OR ENCAPSULATION OF LEAD-BASED PAINT, THE REPLACEMENT OF
COMPONENTS OR FIXTURES PAINTED WITH LEAD-BASED PAINT, AND THE REMOVAL OR
PERMANENT COVERING OF SOIL-BASED HAZARDS.
  2. "AFFECTED PROPERTY" MEANS A ROOM OR GROUP OF ROOMS WITHIN A PROPER-
TY CONSTRUCTED BEFORE NINETEEN HUNDRED SEVENTY THAT FORM A SINGLE  INDE-
PENDENT  HABITABLE  DWELLING UNIT FOR OCCUPATION BY ONE OR MORE INDIVID-
UALS THAT HAS LIVING FACILITIES WITH PERMANENT  PROVISIONS  FOR  LIVING,
SLEEPING,  EATING, COOKING, AND SANITATION. "AFFECTED PROPERTY" DOES NOT
INCLUDE:
  (A) AN AREA NOT USED FOR LIVING, SLEEPING, EATING, COOKING, OR SANITA-
TION, SUCH AS AN UNFINISHED BASEMENT, THAT IS NOT READILY ACCESSIBLE  TO
CHILDREN UNDER SEVEN YEARS OF AGE;
  (B)  A  UNIT  WITHIN  A HOTEL, MOTEL, OR SIMILAR SEASONAL OR TRANSIENT
FACILITY UNLESS SUCH UNIT IS OCCUPIED BY ONE OR MORE PERSONS AT RISK FOR
A PERIOD EXCEEDING THIRTY DAYS;
  (C) AN AREA WHICH IS SECURED AND INACCESSIBLE TO OCCUPANTS;
  (D) A UNIT WHICH IS NOT OFFERED FOR RENT OR INCIDENT TO EMPLOYMENT;
  (E) HOUSING FOR THE ELDERLY,  OR  A  RESIDENTIAL  PROPERTY  DESIGNATED
EXCLUSIVELY  FOR  PERSONS WITH DISABILITIES; EXCEPT THIS EXEMPTION SHALL
NOT APPLY IF A PERSON AT RISK RESIDES OR IS EXPECTED TO  RESIDE  IN  THE
DWELLING UNIT OR VISITS THE DWELLING UNIT ON A REGULAR BASIS;
  (F)  AN UNOCCUPIED DWELLING UNIT OR RESIDENTIAL PROPERTY THAT IS TO BE
DEMOLISHED, PROVIDED THE DWELLING UNIT OR PROPERTY WILL  REMAIN  UNOCCU-
PIED UNTIL DEMOLITION; OR
  (G)  IN  CITIES OF MORE THAN ONE MILLION POPULATION, A MULTIPLE DWELL-
ING, AS DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW.
  "AFFECTED PROPERTY" ALSO EXCLUDES ANY PROPERTY OWNED OR OPERATED BY  A
UNIT  OF FEDERAL, STATE, OR LOCAL GOVERNMENT, OR ANY PUBLIC, QUASI-PUBL-
IC, OR MUNICIPAL CORPORATION, IF THE PROPERTY IS SUBJECT TO LEAD  STAND-
ARDS  THAT  ARE  EQUAL  TO, OR MORE STRINGENT THAN, THE REQUIREMENTS FOR
LEAD-STABILIZED STATUS  UNDER  SUBDIVISION  THREE  OF  SECTION  THIRTEEN
HUNDRED  SEVENTY-SIX  OF  THIS  TITLE,  BUT DOES INCLUDE PRIVATELY-OWNED
PROPERTIES THAT RECEIVE GOVERNMENTAL RENTAL ASSISTANCE.
  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 IN WHICH A CONDITION CONDUCIVE TO LEAD POISONING  OF  CHILDREN
IS  PRESENT OR, ADDITIONALLY, ANY CENSUS TRACT OR BLOCK GROUP WITHIN THE

S. 1568                             4

STATE WHERE, DURING ANY SINGLE YEAR, MORE THAN TWENTY-FIVE CHILDREN HAVE
BEEN IDENTIFIED WITH ELEVATED BLOOD LEAD LEVELS.
  4. "CHANGE IN OCCUPANCY" MEANS A CHANGE OF TENANT IN AN AFFECTED PROP-
ERTY  IN  WHICH THE PROPERTY IS VACATED AND POSSESSION IS EITHER SURREN-
DERED TO THE OWNER OR ABANDONED.
  5.  "CHEWABLE SURFACE" SHALL MEAN A PROTRUDING INTERIOR WINDOWSILL  IN
A  DWELLING UNIT IN AN AFFECTED PROPERTY THAT IS READILY ACCESSIBLE TO A
CHILD UNDER AGE SEVEN. "CHEWABLE SURFACE" SHALL ALSO MEAN ANY OTHER TYPE
OF INTERIOR EDGE OR PROTRUSION IN A DWELLING UNIT IN AN AFFECTED PROPER-
TY, SUCH AS A RAIL OR STAIR, WHERE THERE IS  EVIDENCE  THAT  SUCH  OTHER
EDGE OR PROTRUSION HAS BEEN CHEWED OR WHERE AN OCCUPANT HAS NOTIFIED THE
OWNER  THAT  A  CHILD UNDER AGE SEVEN RESIDING IN THAT AFFECTED PROPERTY
HAS MOUTHED OR CHEWED SUCH EDGE OR PROTRUSION.
  6. "COMMUNITIES OF CONCERN" MEANS THOSE THIRTY MUNICIPALITIES  IN  THE
STATE  THAT  HAVE  THE  GREATEST  NUMBERS  OF  CHILDREN  IDENTIFIED WITH
ELEVATED BLOOD LEAD LEVELS IN THE PRIOR CALENDAR YEAR WITHIN THE MEANING
OF SUBDIVISION FOURTEEN OF THIS SECTION.
  7. "CONDITION CONDUCIVE TO LEAD POISONING"  MEANS:  (A)  A  LEAD-BASED
PAINT HAZARD; AND/OR (B) OTHER ENVIRONMENTAL CONDITIONS WHICH MAY RESULT
IN SIGNIFICANT LEAD EXPOSURE, INCLUDING SOIL-LEAD HAZARDS.
  8. "CONTAINMENT" MEANS THE PHYSICAL MEASURES TAKEN TO ENSURE THAT DUST
AND  DEBRIS CREATED OR RELEASED DURING LEAD-BASED PAINT HAZARD REDUCTION
ARE NOT SPREAD, BLOWN, OR TRACKED FROM INSIDE TO OUTSIDE  OF  THE  WORK-
SITE.
  9.  "COUNCIL"  MEANS THE ADVISORY COUNCIL ON LEAD POISONING PREVENTION
ESTABLISHED PURSUANT TO  SECTION  THIRTEEN  HUNDRED  SEVENTY-B  OF  THIS
TITLE.
  10.    "DETERIORATED  PAINT"  MEANS  ANY INTERIOR OR EXTERIOR PAINT OR
OTHER COATING THAT IS CURLING, SCALING,  FLAKING,  BLISTERING,  PEELING,
CHIPPING,  CHALKING, CRACKING, OR LOOSE IN ANY MANNER, SUCH THAT A SPACE
OR POCKET OF AIR IS BEHIND A PORTION THEREOF OR SUCH THAT THE  PAINT  IS
NOT  COMPLETELY  ADHERED  TO  THE UNDERLYING SUBSURFACE, OR IS OTHERWISE
DAMAGED OR SEPARATED FROM THE SUBSTRATE.
  11. "DETERIORATED SUBSURFACE" SHALL MEAN AN UNSTABLE OR UNSOUND PAINT-
ED SUBSURFACE, AN INDICATION OF WHICH CAN BE OBSERVED THROUGH  A  VISUAL
INSPECTION,  INCLUDING,  BUT  NOT LIMITED TO, ROTTED OR DECAYED WOOD, OR
WOOD OR PLASTER THAT HAS BEEN SUBJECT TO MOISTURE OR DISTURBANCE.
  12. "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  CHILD CARE FACILITIES FOR CHILDREN UNDER SEVEN YEARS OF
AGE, KINDERGARTENS AND NURSERY SCHOOLS.
  13. "DWELLING UNIT" MEANS A:
  (A) SINGLE-FAMILY DWELLING,  INCLUDING  ATTACHED  STRUCTURES  SUCH  AS
PORCHES AND STOOPS; OR
  (B)  HOUSING  UNIT IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE
HOUSING UNIT, AND IN WHICH EACH  SUCH  UNIT  IS  USED  OR  OCCUPIED,  OR
INTENDED  TO  BE  USED  OR OCCUPIED, IN WHOLE OR IN PART, AS THE HOME OR
SEPARATE LIVING QUARTERS OF ONE OR MORE PERSONS.
  14. "ELEVATED BLOOD LEAD LEVEL" MEANS A  QUANTITY  OF  LEAD  IN  WHOLE
VENOUS BLOOD, EXPRESSED IN MICROGRAMS PER DECILITER (UG/DL), OF 10 UG/DL
OR  GREATER,  OR  SUCH OTHER MORE STRINGENT LEVEL AS MAY BE SPECIFICALLY
PROVIDED IN THIS TITLE OR ADOPTED IN REGULATION BY THE DEPARTMENT PURSU-
ANT TO RULE OR REGULATION.

S. 1568                             5

  15. "ENCAPSULATION" MEANS THE APPLICATION OF  A  COVERING  OR  COATING
THAT  ACTS AS A BARRIER BETWEEN THE LEAD-BASED PAINT AND THE ENVIRONMENT
AND THAT RELIES FOR ITS DURABILITY ON ADHESION BETWEEN  THE  ENCAPSULANT
AND  THE  PAINTED  SURFACE,  AND  ON THE INTEGRITY OF THE EXISTING BONDS
BETWEEN PAINT LAYERS AND BETWEEN THE PAINT AND THE SUBSTRATE. ENCAPSULA-
TION  MAY  BE  USED  AS  A  METHOD  OF  ABATEMENT  IF IT IS DESIGNED AND
PERFORMED SO AS TO BE PERMANENT.
  16. "EXTERIOR SURFACES" MEANS:
  (A) ALL FENCES AND PORCHES THAT ARE PART OF  A  DWELLING  THAT  IS  OR
CONTAINS AN AFFECTED PROPERTY;
  (B) ALL OUTSIDE SURFACES OF A DWELLING THAT IS OR CONTAINS AN AFFECTED
PROPERTY THAT ARE ACCESSIBLE TO A CHILD UNDER THE AGE OF SEVEN AND THAT:
  (1) ARE ATTACHED TO THE OUTSIDE OF SUCH DWELLING; OR
  (2)  CONSIST OF OTHER BUILDINGS THAT ARE APPURTENANT TO SUCH DWELLING,
SUCH AS A GARAGE OR SHED; AND
  (C) ALL PAINTED  SURFACES  IN  STAIRWAYS,  HALLWAYS,  ENTRANCE  AREAS,
RECREATION AREAS, LAUNDRY AREAS, AND GARAGES WITHIN A MULTIFAMILY DWELL-
ING  THAT  ARE COMMON TO INDIVIDUAL DWELLING UNITS, ONE OR MORE OF WHICH
CONSTITUTES AN AFFECTED PROPERTY, AND ARE ACCESSIBLE TO  A  CHILD  UNDER
THE AGE OF SEVEN.
  17.   "FRICTION SURFACE" MEANS AN INTERIOR OR EXTERIOR PAINTED SURFACE
THAT TOUCHES OR IS IN CONTACT WITH ANOTHER SURFACE, SUCH  THAT  THE  TWO
SURFACES ARE CAPABLE OF RELATIVE MOTION AND ABRADE, SCRAPE, OR BIND WHEN
IN  RELATIVE MOTION. FRICTION SURFACES SHALL INCLUDE, BUT NOT BE LIMITED
TO, WINDOW FRAMES AND JAMBS, DOORS, AND HINGES.
  18. "G" MEANS GRAM, "MG" MEANS MILLIGRAM (THOUSANDTH OF A  GRAM),  AND
"UG" MEANS MICROGRAM (MILLIONTH OF A GRAM).
  19.  "HAZARD REDUCTION" MEANS MEASURES DESIGNED TO REDUCE OR ELIMINATE
HUMAN EXPOSURE TO LEAD-BASED HAZARDS.
  20. "HEALTH CARE PROVIDER" MEANS ANY HEALTH CARE PRACTITIONER  AUTHOR-
IZED  TO  ORDER  A BLOOD LEAD TEST AND ANY FACILITY LICENSED PURSUANT TO
ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
  21. "HIGH EFFICIENCY PARTICLE AIR VACUUM"  OR  "HEPA-VACUUM"  MEANS  A
DEVICE CAPABLE OF FILTERING OUT PARTICLES OF 0.3 MICRONS OR GREATER FROM
A  BODY  OF  AIR  AT  AN  EFFICIENCY OF 99.97% OR GREATER; "HEPA-VACUUM"
INCLUDES USE OF A HEPA-VACUUM.
  22.  "IMPACT SURFACE" MEANS AN INTERIOR OR  EXTERIOR  PAINTED  SURFACE
THAT  SHOWS  EVIDENCE, SUCH AS MARKING, DENTING, OR CHIPPING, THAT IT IS
SUBJECT TO DAMAGE BY REPEATED SUDDEN FORCE, SUCH  AS  CERTAIN  PARTS  OF
DOOR FRAMES, MOLDINGS, OR BASEBOARDS.
  23. "INSPECTION" MEANS A COMPREHENSIVE SURVEY BY A PROPERLY ACCREDITED
PERSON  TO  DETERMINE  THE  PRESENCE  OF LEAD-BASED PAINT AND LEAD-BASED
PAINT HAZARDS AND THE PROVISION OF A REPORT EXPLAINING  THE  RESULTS  OF
THE INSPECTION.
  24.  "INTERIOR  WINDOWSILL"  MEANS  A PORTION OF THE HORIZONTAL WINDOW
LEDGE THAT IS PROTRUDING INTO THE INTERIOR OF A ROOM.
  25. "INVESTIGATION" MEANS AN EXAMINATION CONDUCTED BY THE OWNER OF  AN
AFFECTED PROPERTY, THE OWNER'S AGENT OR EMPLOYEE, OR SOMEONE RETAINED BY
THE OWNER, IN ACCORDANCE WITH THE REQUIREMENTS ESTABLISHED BY THE DEPUTY
COMMISSIONER, TO DETERMINE WHETHER THE AFFECTED PROPERTY MEETS THE STAN-
DARDS  OF  LEAD-STABILIZED  STATUS  AS  DEFINED  IN SUBDIVISION THREE OF
SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THIS TITLE.
  26. "LEAD-BASED PAINT" MEANS PAINT OR OTHER  SIMILAR  SURFACE  COATING
MATERIAL  CONTAINING  1.0  MILLIGRAMS  OF  LEAD PER SQUARE CENTIMETER OR
GREATER, AS DETERMINED BY LABORATORY ANALYSIS, OR BY AN  X-RAY  FLUORES-
CENCE  ANALYZER.  IF  AN  X-RAY  FLUORESCENCE ANALYZER IS USED, READINGS

S. 1568                             6

SHALL BE CORRECTED FOR SUBSTRATE BIAS WHEN NECESSARY AS SPECIFIED BY THE
PERFORMANCE CHARACTERISTIC SHEETS RELEASED BY THE UNITED STATES ENVIRON-
MENTAL PROTECTION AGENCY AND THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN  DEVELOPMENT  FOR  THE  SPECIFIC X-RAY FLUORESCENCE ANALYZER USED.
X-RAY FLUORESCENCE READINGS SHALL BE CLASSIFIED AS POSITIVE, NEGATIVE OR
INCONCLUSIVE IN ACCORDANCE WITH THE UNITED STATES DEPARTMENT OF  HOUSING
AND  URBAN  DEVELOPMENT  GUIDELINES  FOR  THE  EVALUATION AND CONTROL OF
LEAD-BASED PAINT HAZARDS IN HOUSING (JUNE 1995, REVISED  1997)  AND  THE
PERFORMANCE CHARACTERISTIC SHEETS RELEASED BY THE UNITED STATES ENVIRON-
MENTAL PROTECTION AGENCY AND THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN  DEVELOPMENT  FOR  THE  SPECIFIC X-RAY FLUORESCENCE ANALYZER USED.
X-RAY FLUORESCENCE READINGS THAT FALL WITHIN THE INCONCLUSIVE  ZONE,  AS
DETERMINED  BY THE PERFORMANCE CHARACTERISTIC SHEETS, SHALL BE CONFIRMED
BY LABORATORY ANALYSIS OF PAINT CHIPS,  RESULTS  SHALL  BE  REPORTED  IN
MILLIGRAMS OF LEAD PER SQUARE CENTIMETER AND THE MEASURE OF SUCH LABORA-
TORY  ANALYSIS  SHALL  BE  DEFINITIVE. IF LABORATORY ANALYSIS IS USED TO
DETERMINE LEAD CONTENT, RESULTS SHALL BE REPORTED IN MILLIGRAMS OF  LEAD
PER  SQUARE  CENTIMETER.  WHERE  THE SURFACE AREA OF A PAINT CHIP SAMPLE
CANNOT BE ACCURATELY MEASURED OR IF AN ACCURATELY  MEASURED  PAINT  CHIP
SAMPLE  CANNOT  BE  REMOVED,  A  LABORATORY  ANALYSIS MAY BE REPORTED IN
PERCENT BY WEIGHT. IN SUCH CASE, LEAD-BASED PAINT SHALL MEAN  ANY  PAINT
OR  OTHER  SIMILAR SURFACE-COATING MATERIAL CONTAINING MORE THAN 0.5% OF
METALLIC LEAD, BASED ON THE NON-VOLATILE CONTENT OF THE PAINT  OR  OTHER
SIMILAR SURFACE-COATING MATERIAL.
  27. "LEAD-BASED PAINT HAZARD" MEANS ANY CONDITION IN, OR PROXIMATE TO,
A  DWELLING  OR  DWELLING  UNIT OCCUPIED BY A PERSON AT RISK THAT CAUSES
EXPOSURE TO LEAD FROM LEAD-CONTAMINATED DUST, FROM LEAD-BASED PAINT THAT
IS DETERIORATED, OR FROM LEAD-BASED PAINT THAT IS  PRESENT  ON  CHEWABLE
SURFACES,   DETERIORATED   SUBSURFACES,  FRICTION  SURFACES,  OR  IMPACT
SURFACES, OR IN SOIL, THAT WOULD RESULT IN ADVERSE HUMAN HEALTH EFFECTS.
  28. "LEAD-CONTAINED" MEANS PROPERTY THAT HAS  ATTAINED  LEAD-CONTAINED
PROPERTY  STATUS  WITHIN THE MEANING OF SUBDIVISION SIX OF SECTION THIR-
TEEN HUNDRED SEVENTY-SIX OF THIS TITLE.
  29. "LEAD-CONTAMINATED DUST" MEANS SURFACE DUST THAT CONTAINS  A  MASS
PER  AREA  CONCENTRATION OF LEAD EQUAL TO OR EXCEEDING 40 MICROGRAMS PER
SQUARE FOOT ("UG/FT2") ON FLOORS, OR 250 UG/FT2 ON INTERIOR  WINDOWSILLS
BASED ON WIPE SAMPLE, OR 400 UG/FT2 ON WINDOW WELLS, OR SUCH MORE STRIN-
GENT STANDARDS AS MAY BE ADOPTED BY THE DEPARTMENT.
  30.  "LEAD-FREE"  MEANS  PROPERTY THAT HAS ATTAINED LEAD-FREE PROPERTY
STATUS WITHIN THE  MEANING  OF  SUBDIVISION  FIVE  OF  SECTION  THIRTEEN
HUNDRED SEVENTY-SIX OF THIS TITLE.
  31. "LEAD-STABILIZED" MEANS PROPERTY THAT HAS ATTAINED LEAD-STABILIZED
PROPERTY  STATUS WITHIN THE MEANING OF SUBDIVISION FOUR OF SECTION THIR-
TEEN HUNDRED SEVENTY-SIX OF THIS TITLE.
  32. "LOCAL DESIGNEE" MEANS A  MUNICIPAL,  COUNTY,  OR  OTHER  OFFICIAL
DESIGNATED  BY  THE  DEPUTY COMMISSIONER OF PUBLIC HEALTH AS RESPONSIBLE
FOR ASSISTING THE DESIGNATING AUTHORITY, RELEVANT  STATE  AGENCIES,  AND
RELEVANT  COUNTY  AND  MUNICIPAL AUTHORITIES, IN IMPLEMENTING THE ACTIV-
ITIES SPECIFIED BY THIS ARTICLE FOR THE LOCALITIES.
  33. "OCCUPANT" MEANS ANY INDIVIDUAL LIVING OR SLEEPING IN A  BUILDING,
OR HAVING POSSESSION OF A SPACE WITHIN A BUILDING.
  34. "OWNER" MEANS A PERSON, FIRM, CORPORATION, NONPROFIT ORGANIZATION,
PARTNERSHIP, GOVERNMENT, GUARDIAN, CONSERVATOR, RECEIVER, TRUSTEE, EXEC-
UTOR,  OR  OTHER  JUDICIAL OFFICER, OR OTHER ENTITY WHICH, ALONE OR WITH
OTHERS, OWNS, HOLDS, OR CONTROLS THE FREEHOLD OR LEASEHOLD TITLE OR PART
OF THE TITLE TO PROPERTY, WITH OR WITHOUT ACTUALLY POSSESSING  IT.  SUCH

S. 1568                             7

TERM  INCLUDES  A VENDEE WHO POSSESSES THE TITLE, BUT DOES NOT INCLUDE A
MORTGAGEE OR AN OWNER OF A REVERSIONARY INTEREST  UNDER  A  GROUND  RENT
LEASE.   "OWNER" INCLUDES ANY AUTHORIZED AGENT OF THE OWNER, INCLUDING A
PROPERTY MANAGER OR LEASING AGENT.
  35.  "PERMANENT"  MEANS  AN  EXPECTED  DESIGN  LIFE OF AT LEAST TWENTY
YEARS.
  36. "PERSON" MEANS ANY NATURAL PERSON.
  37. "PERSON AT RISK" MEANS A CHILD UNDER THE AGE OF SEVEN YEARS  OR  A
PREGNANT WOMAN WHO RESIDES IN AN AFFECTED PROPERTY.
  38.  "PROGRAM"  MEANS  THE  LEAD  POISONING  PREVENTION PROGRAM IN THE
DEPARTMENT ESTABLISHED PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-A OF
THIS TITLE.
  39. "RELOCATION EXPENSES" MEANS ALL EXPENSES NECESSITATED BY THE RELO-
CATION OF A TENANT'S HOUSEHOLD TO HOUSING FREE OF LEAD HAZARDS,  INCLUD-
ING, BUT NOT LIMITED TO, MOVING AND HAULING EXPENSES, THE HEPA-VACUUMING
OF  ALL UPHOLSTERED FURNITURE, LAUNDERING OF CLOTHES AND LINENS, PAYMENT
OF A SECURITY DEPOSIT FOR THE RELOCATION HOUSING, AND  INSTALLATION  AND
CONNECTION OF UTILITIES AND APPLIANCES.
  40.  "SOIL-LEAD  HAZARD" MEANS SOIL IN A PLAY AREA WHERE THE SOIL-LEAD
CONCENTRATION FROM A COMPOSITE PLAY AREA SAMPLE OF BARE SOIL IS EQUAL TO
OR GREATER THAN 400 PARTS PER MILLION; OR IN THE REST OF THE  YARD  WHEN
THE  ARITHMETIC  MEAN  LEAD  CONCENTRATION  FROM  A COMPOSITE SAMPLE (OR
ARITHMETIC MEAN OF COMPOSITE SAMPLES) OF BARE SOIL FROM THE REST OF  THE
YARD  (I.E., NON-PLAY AREAS) IS EQUAL TO OR GREATER THAN 1,200 PARTS PER
MILLION.
  41. "TENANT" MEANS THE INDIVIDUAL NAMED AS  THE  LESSEE  IN  A  LEASE,
RENTAL  AGREEMENT  OR OTHER FORM OF OCCUPANCY AGREEMENT, WHETHER WRITTEN
OR ORAL, FOR A DWELLING UNIT, AND INCLUDES TENANCIES INCIDENT TO EMPLOY-
MENT.  WHERE APPLICABLE, THE TERM "TENANT" SHALL ALSO INCLUDE ANY  OCCU-
PANT OF THE TENANT'S HOUSEHOLD.
  42. "WIPE SAMPLE" MEANS A SAMPLE COLLECTED BY AN APPROPRIATELY ACCRED-
ITED PERSON WIPING A REPRESENTATIVE SURFACE OF KNOWN AREA, AS DETERMINED
BY  AMERICAN SOCIETY FOR TESTING MATERIALS (ASTM) E1728 ("STANDARD PRAC-
TICE FOR THE FIELD COLLECTION OF SETTLED DUST SAMPLES USING WIPE  SAMPL-
ING  METHODS FOR LEAD DETERMINATION BY ATOMIC SPECTROMETRY TECHNIQUES"),
WITH LEAD DETERMINATION CONDUCTED BY AN  ACCREDITED  LABORATORY  PARTIC-
IPATING  IN  THE  ENVIRONMENTAL  LEAD  LABORATORY  ACCREDITATION PROGRAM
(NLAP).
  S 4. Subdivision 2 of section 1370-a of  the  public  health  law,  as
added  by  chapter  485  of  the laws of 1992, paragraphs (a) and (c) as
amended by section 4 of part A of chapter 58 of the  laws  of  2009,  is
amended  and  three  new  subdivisions  4,  5 and 6 are added to read as
follows:
  2. The department shall:
  (a) IDENTIFY AND DESIGNATE AS COMMUNITIES OF CONCERN THE THIRTY  MUNI-
CIPALITIES  IN THE STATE HAVING THE GREATEST NUMBERS OF CHILDREN IDENTI-
FIED WITH ELEVATED BLOOD LEAD LEVELS, AND,  IN  COOPERATION  WITH  LOCAL
HEALTH  OFFICIALS  AND  MUNICIPAL  OFFICIALS,  DEVELOP  A  LOCAL PRIMARY
PREVENTION PLAN FOR EACH COMMUNITY OF CONCERN  TO  PREVENT  EXPOSURE  TO
LEAD  CONSISTENT  WITH  THIS  TITLE.   THE COMMISSIONER IS AUTHORIZED TO
ENTER INTO AND SHALL ENTER INTO AGREEMENTS OR MEMORANDA OF UNDERSTANDING
WITH, AND PROVIDE TECHNICAL  AND  OTHER  RESOURCES  TO,  COMMUNITIES  OF
CONCERN  AND  SHALL  ENSURE  THAT  THE  PRIMARY  PREVENTION PLAN TARGETS
PERSONS AT RISK LIVING IN THE  HIGHEST  RISK  AFFECTED  HOUSING  IN  THE
COMMUNITY.   MUNICIPALITIES IDENTIFIED BY THE COMMISSIONER SHALL COOPER-

S. 1568                             8

ATE FULLY WITH THE DEPARTMENT IN THE FORMULATION AND  IMPLEMENTATION  OF
THE PRIMARY PREVENTION PLAN FOR THE DESIGNATED COMMUNITY OF CONCERN;
   (B)  IDENTIFY AND DESIGNATE AS AREAS OF HIGH RISK ANY CENSUS TRACT OR
BLOCK GROUP IN THE STATE IN WHICH DURING  ANY  SINGLE  YEAR,  MORE  THAN
TWENTY-FIVE  CHILDREN  HAVE  BEEN  IDENTIFIED  WITH  ELEVATED BLOOD LEAD
LEVELS. IN SUCH AREAS OF HIGH RISK, THE DEPARTMENT SHALL FURTHER REQUIRE
THAT THE COUNTY COMMISSIONER OF HEALTH, IN COOPERATION WITH  APPROPRIATE
LOCAL  MUNICIPAL  OFFICIALS,  PRIORITIZE AND IMPLEMENT THE INSPECTION OF
AFFECTED PROPERTIES WITH PERSONS AT RISK, AND REQUIRE THE  ABATEMENT  OF
LEAD-BASED  PAINT HAZARDS, OR THE STABILIZATION OF ALL CONDITIONS CONDU-
CIVE TO LEAD POISONING IN THESE INSPECTED UNITS  USING  LEAD  SAFE  WORK
PRACTICES,  IN  ACCORDANCE  WITH  THE DEFINITIONS AND PROVISIONS OF THIS
TITLE;
  (C) 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]  NECESSARY  FOR THE IMPLEMENTATION OF ALL
PORTIONS OF THIS TITLE, EXCEPT  WHERE  RESPONSIBILITY  FOR  IMPLEMENTING
SPECIFIC  PORTIONS OF THIS TITLE IS SPECIFICALLY ASSIGNED TO THE COMMIS-
SIONER OF HOUSING AND COMMUNITY RENEWAL OR TO THE COMMISSIONER OF  TAXA-
TION AND FINANCE;
  [(b)] (D) enter into interagency agreements to coordinate lead poison-
ing  prevention, exposure reduction, identification and treatment activ-
ities and lead reduction activities with other federal, state and  local
agencies and programs;
  [(c)]  (E)  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)]  (F)  develop  and  implement  public  education  and  community
outreach programs on lead exposure, detection and risk reduction.
  4.  THE  COMMISSIONER  OR  THE  COMMISSIONER'S  DESIGNEE SHALL DEVELOP
CULTURALLY AND LINGUISTICALLY APPROPRIATE INFORMATION PAMPHLETS  REGARD-
ING  CHILDHOOD  LEAD  POISONING,  THE IMPORTANCE OF TESTING FOR ELEVATED
BLOOD LEAD LEVELS, PREVENTION OF CHILDHOOD LEAD POISONING, TREATMENT  OF
CHILDHOOD  LEAD POISONING, AND TENANTS' AND OWNERS' RIGHTS AND RESPONSI-
BILITIES UNDER  THIS  TITLE.    THESE  INFORMATION  PAMPHLETS  SHALL  BE
DISTRIBUTED AS FOLLOWS:
  (A)  BY  THE  OWNER  OF  ANY AFFECTED PROPERTY OR HIS OR HER AGENTS OR
EMPLOYEES AT THE TIME OF THE INITIATION AND RENEWAL OF A  RENTAL  AGREE-
MENT TO THE TENANT;
  (B)  BY  THE HEALTH CARE PROVIDER TO THE PARENT OR GUARDIAN OF A CHILD
AT THE TIME OF A CHILD'S BIRTH AND AT THE TIME OF ANY CHILDHOOD  IMMUNI-
ZATION  OR  VACCINE  UNLESS  IT  IS  ESTABLISHED  THAT  SUCH INFORMATION
PAMPHLET HAS BEEN PROVIDED PREVIOUSLY TO THE PARENT OR LEGAL GUARDIAN BY
THE HEALTH CARE PROVIDER WITHIN THE PRIOR  TWELVE  MONTHS.  HEALTH  CARE
PROVIDERS SHALL ALSO REVISE THEIR PATIENT FORMS TO INCLUDE A REMINDER TO
CHECK THE LEAD SCREENING STATUS OF EACH CHILD UNDER SIX YEARS OF AGE;
  (C)  BY  THE OWNER OR OPERATOR OF ANY CHILD CARE FACILITY, PRE-SCHOOL,
OR KINDERGARTEN CLASS ON OR BEFORE OCTOBER FIFTEENTH  OF  EACH  CALENDAR
YEAR, TO THE PARENT OR GUARDIAN OF A CHILD ENROLLED IN SUCH FACILITY;
  (D)  BY AN OBSTETRICIAN OR GYNECOLOGIST TO EACH PATIENT OF CHILD-BEAR-
ING AGE AT THE PATIENT'S FIRST  VISIT  AND  AT  EACH  PREGNANCY  OF  THE
PATIENT; AND

S. 1568                             9

  (E) BY THE PROVIDER OF THE WOMEN, INFANTS AND CHILDREN PROGRAM TO EACH
PERSON  ENROLLED IN SUCH PROGRAM AND UPON ENROLLMENT AND ANNUALLY THERE-
AFTER.
  5. WITHIN THREE MONTHS AFTER THE CLOSE OF THE FISCAL YEAR, THE COMMIS-
SIONER SHALL REPORT TO THE ADVISORY COUNCIL ESTABLISHED IN SECTION THIR-
TEEN  HUNDRED SEVENTY-B OF THIS TITLE ON THE DEPARTMENT'S IMPLEMENTATION
OF THIS SECTION DURING  THE  PRECEDING  PERIOD.  SUCH  REPORT  SHALL  BE
PUBLICLY AVAILABLE AND SHALL INCLUDE, AT A MINIMUM, A DETAILED STATEMENT
OF  REVENUE  AND EXPENDITURES AND STATEMENT OF THE DEPARTMENT'S PROGRAM,
SUPPORTED BY A STATISTICAL SECTION WITH GEOGRAPHIC INDEXING DESIGNED  TO
PROVIDE  A DETAILED EXPLANATION OF THE DEPARTMENT'S ENFORCEMENT, INCLUD-
ING BUT NOT LIMITED TO THE FOLLOWING:
  (A) A STATISTICAL PROFILE OF DWELLINGS IN WHICH VIOLATIONS  HAVE  BEEN
PLACED  PURSUANT TO THIS TITLE, INDICATING THE AGES OF THE DWELLINGS AND
OTHER FACTORS RELEVANT TO THE PREVALENCE OF  LEAD-BASED  PAINT  HAZARDS,
WHICH  MAY  INCLUDE  THE PRIOR LEAD POISONING OF A PERSON AT RISK IN THE
DWELLING, OUTSTANDING VIOLATIONS, EMERGENCY REPAIR CHARGES, TAX  ARREARS
AND MORTGAGE DEBT;
  (B)  THE NUMBER OF DWELLING UNITS INSPECTED BY THE DEPARTMENT OR OTHER
STATE OR LOCAL AGENCY PURSUANT TO THIS TITLE, THE NUMBER OF  SUCH  UNITS
WHERE A PERSON AT RISK RESIDED, AND THE NUMBER OF INSPECTORS ASSIGNED TO
CONDUCT SUCH INSPECTIONS;
  (C)  THE  NUMBER OF DWELLING UNITS IN WHICH THE OCCUPANT COMPLAINED OF
PEELING PAINT OR A DETERIORATED SUBSURFACE AND THE NUMBER  OF  PRE-NINE-
TEEN  HUNDRED  SEVENTY  DWELLING  UNITS  IN  WHICH THE EXISTENCE OF SUCH
CONDITIONS WERE CONFIRMED BY THE DEPARTMENT  OR  OTHER  STATE  OR  LOCAL
AGENCY;
  (D)  THE  NUMBER  OF  DWELLING UNITS WHERE A PERSON AT RISK RESIDES IN
WHICH A VIOLATION  WAS  PLACED  PURSUANT  TO  THIS  TITLE,  WHETHER  THE
VIOLATION  WAS  PLACED  IN RESPONSE TO AN OCCUPANT'S COMPLAINT OR OTHER-
WISE;
  (E) AN EVALUATION OF THE DEPARTMENT'S CAPABILITY  TO  TIMELY  INSPECT,
SERVE A NOTICE OF VIOLATION, AND ENFORCE THE CORRECTION OF VIOLATIONS;
  (F)  AN  EVALUATION OF THE DEPARTMENT'S IMPLEMENTATION OF A PROGRAM OF
INSPECTION PURSUANT TO  SUBDIVISION  SIX  OF  SECTION  THIRTEEN  HUNDRED
SEVENTY-SEVEN OF THIS TITLE; AND
  (G) A TABULATION OF ALL MUNICIPALITIES, CENSUS TRACTS, OR CENSUS BLOCK
GROUPS  WHICH  HAVE  IN  ANY  YEAR  MORE  THAN TWENTY-FIVE CHILDREN WITH
ELEVATED BLOOD LEAD LEVELS, INCLUDING TOTALS OF THE NUMBER  OF  CHILDREN
WITH SUCH ELEVATED BLOOD LEAD LEVELS BY FIVE POINT INCREMENTS.
  6.  THE  COMMISSIONER  SHALL DESIGNATE A DEPUTY COMMISSIONER OF HEALTH
RESPONSIBLE FOR FULFILLING THE OBJECTIVES OF THIS TITLE WHEN SUCH OBJEC-
TIVES INVOLVE THE RESPONSIBILITIES OF THE DEPARTMENT.
  S 5. Section 1370-b of the public health law is amended  by  adding  a
new subdivision 4 to read as follows:
  4.  THE  DEPARTMENT  SHALL MAKE RECOMMENDATIONS TO AMEND THIS TITLE IF
ANY OF THE FOLLOWING CONDITIONS OCCUR:
  (A) IN FISCAL YEAR TWO THOUSAND THIRTEEN, THE  RATE  OF  CHILDREN  WHO
OBTAIN  BLOOD-LEAD  TESTING  IN COMPLIANCE WITH SECTION THIRTEEN HUNDRED
SEVENTY-C OF THIS TITLE IS LESS THAN SEVENTY-FIVE PERCENT;
  (B) IN FISCAL YEAR TWO THOUSAND THIRTEEN, THE NUMBER  OF  CHILDREN  IN
THIS  STATE  WHOSE BLOOD-LEAD LEVEL IS EQUAL TO OR EXCEEDS 10 MICROGRAMS
PER DECILITER IS GREATER THAN FOUR THOUSAND;
  (C) IN FISCAL YEAR TWO THOUSAND FOURTEEN, THE  RATE  OF  CHILDREN  WHO
OBTAIN  BLOOD-LEAD  TESTING  IN COMPLIANCE WITH SECTION THIRTEEN HUNDRED
SEVENTY-C OF THIS TITLE IS LESS THAN NINETY PERCENT; OR

S. 1568                            10

  (D) IN FISCAL YEAR TWO THOUSAND FOURTEEN, THE NUMBER  OF  CHILDREN  IN
THIS  STATE  WHOSE BLOOD-LEAD LEVEL IS EQUAL TO OR EXCEEDS 10 MICROGRAMS
PER DECILITER IS GREATER THAN TWO THOUSAND.
  SUCH RECOMMENDATIONS SHALL BE SUBMITTED TO THE ADVISORY COUNCIL WITHIN
SIX  MONTHS  AFTER  THE  CLOSE OF THE FISCAL YEAR IN WHICH THE CONDITION
OCCURS.
  S 6. Subdivision 1 of section 1370-c of  the  public  health  law,  as
added by chapter 485 of the laws of 1992, is amended and four new subdi-
visions 5, 6, 7 and 8 are added to read as follows:
  1.  The  department  [is  authorized  to] SHALL promulgate AND ENFORCE
regulations establishing the means by which and the intervals  at  which
[children  and  pregnant  women]  PERSONS  AT RISK shall be screened for
elevated BLOOD lead levels AND FOR FOLLOW UP OF PERSONS AT RISK WHO HAVE
ELEVATED BLOOD LEAD LEVELS.    The  department  is  also  authorized  to
require  screening  for  lead  poisoning in other high risk groups. AT A
MINIMUM, THE DEPARTMENT SHALL ENSURE THAT ALL CHILDREN AT BOTH  AGE  ONE
YEAR  AND AT AGE TWO YEARS AND PREGNANT WOMEN SHALL BE SCREENED AND THAT
ALL CHILDREN WHO ARE CONSIDERED AT RISK UP TO SIX YEARS OF AGE SHALL  BE
SCREENED AT LEAST ONCE EACH YEAR.
  5. EACH HEALTH INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL REPORT
ANNUALLY  TO THE DEPARTMENT ITS AGGREGATE DATA REGARDING COMPLIANCE WITH
THE SCREENING REQUIREMENTS PURSUANT TO THIS  SECTION.  SUCH  DATA  SHALL
DETAIL  THE NUMBER AND PERCENTAGE OF CHILDREN SEEN WHO WERE AGES ONE AND
TWO, THE NUMBER AND PERCENTAGE WHO WERE SCREENED AT  AGE  ONE,  AND  THE
NUMBER AND PERCENTAGE WHO WERE SCREENED AT AGE TWO, SEPARATELY ORGANIZED
BY  ZIP  CODE.  THIS REPORT ON SCREENING COMPLIANCE SHALL BE PROVIDED TO
THE DEPARTMENT BY MARCH FIRST FOLLOWING THE END OF  THE  CALENDAR  YEAR.
THE  COMPTROLLER  SHALL INCLUDE A REVIEW OF COMPLIANCE WITH THIS SECTION
IN ANY AUDIT IT PERFORMS.
  6. THE DEPARTMENT SHALL INCLUDE THE SCREENING AND  REPORTING  REQUIRE-
MENTS  IN ITS CONTRACTS FOR SERVICES UNDER THE MEDICAID AND CHILD HEALTH
PLUS PROGRAMS OR ANY OTHER PROGRAMS FUNDED IN  WHOLE  OR  IN  PART  WITH
STATE  OR  LOCAL FUNDS AND PROVIDING HEALTH SERVICES TO PERSONS AT RISK,
AND SHALL IMPOSE COMPLIANCE TARGETS AND APPROPRIATE PENALTIES  OR  SANC-
TIONS IN THE EVENT SUCH TARGETS ARE NOT ACHIEVED.
  7.  BY APRIL FIFTEENTH OF EACH YEAR THE DEPARTMENT SHALL REPORT TO THE
HEALTH COMMITTEES OF THE SENATE AND ASSEMBLY AND MAKE PUBLICLY AVAILABLE
A REPORT ON SCREENING RATES OF  THE  PRECEDING  YEAR  PURSUANT  TO  THIS
SECTION,  INCLUDING  THE  ACTUAL  NUMBER AND ESTIMATED PERCENTAGE OF ONE
YEAR OLD CHILDREN AND THE ACTUAL NUMBER AND ESTIMATED PERCENTAGE OF  TWO
YEAR  OLD  CHILDREN SCREENED FOR BLOOD LEAD, THE ACTUAL NUMBER AND ESTI-
MATED PERCENTAGE OF CHILDREN SCREENED AT BOTH ONE YEAR OF  AGE  AND  TWO
YEARS OF AGE, THE PERFORMANCE OF MEDICAID AND CHILD HEALTH PLUS PROGRAMS
OR  ANY  OTHER  PROGRAMS FUNDED IN WHOLE OR IN PART WITH STATE AND LOCAL
FUNDS AND PROVIDING HEALTH SERVICES TO PERSONS AT RISK, AND ITS  ACTIONS
TO PUBLICIZE AND ENFORCE THE OBLIGATIONS ON HEALTH CARE PROVIDERS PURSU-
ANT TO THIS SECTION.
  8.  THE DEPARTMENT SHALL PROMULGATE REGULATIONS ESTABLISHING PENALTIES
FOR KNOWING VIOLATIONS OF SUBDIVISION TWO OF THIS SECTION.
  S 7. Sections 1373 and 1375 of the public health law are REPEALED  and
eight new sections 1370-f, 1373, 1375, 1376, 1377, 1378, 1379 and 1379-a
are added to read as follows:
  S  1370-F.  RESPONSE  TO  A  CHILD WITH ELEVATED BLOOD LEAD LEVELS AND
CONDITIONS CONDUCIVE TO LEAD POISONING.  1. FOR EACH PERSON AT RISK  WHO
HAS A CONFIRMED ELEVATED BLOOD LEAD LEVEL, PRIMARY HEALTH CARE PROVIDERS
SHALL  PROVIDE  OR  MAKE REASONABLE EFFORTS TO ENSURE THE PROVISION OF A

S. 1568                            11

COMPLETE DIAGNOSTIC EVALUATION; MEDICAL  TREATMENT,  IF  NECESSARY;  AND
REFERRAL TO THE APPROPRIATE LOCAL OR STATE HEALTH UNIT FOR ENVIRONMENTAL
MANAGEMENT. A COMPLETE DIAGNOSTIC EVALUATION SHALL INCLUDE AT A MINIMUM:
A DETAILED LEAD EXPOSURE ASSESSMENT, A NUTRITIONAL ASSESSMENT, INCLUDING
IRON STATUS, AND, AS APPROPRIATE, DEVELOPMENT SCREENING.
  2.  THE  COMMISSIONER OR THE COMMISSIONER'S DESIGNATED REPRESENTATIVE,
AS THE APPROPRIATE LOCAL OR STATE HEALTH UNIT FOR ENVIRONMENTAL  MANAGE-
MENT,  SHALL CONDUCT AN ENVIRONMENTAL ASSESSMENT, WHICH SHALL INCLUDE AN
EMERGENCY INSPECTION IN ACCORDANCE WITH  SUBDIVISION  THREE  OF  SECTION
THIRTEEN HUNDRED SEVENTY-SEVEN OF THIS TITLE, TO DETERMINE THE SOURCE OF
EXPOSURE TO LEAD FOR ANY PERSON AT RISK REFERRED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION.
  3.  FOR  EACH PERSON AT RISK WHO IS REFERRED FOR ENVIRONMENTAL MANAGE-
MENT PURSUANT TO THIS SECTION, WHENEVER THE COMMISSIONER OR HIS  OR  HER
DESIGNATED  REPRESENTATIVE DETERMINES THAT A CONDITION CONDUCIVE TO LEAD
POISONING EXISTS IN A DWELLING, A WRITTEN NOTICE AND DEMAND FOR  DISCON-
TINUANCE  SHALL  BE  ISSUED  IN ACCORDANCE WITH SECTION THIRTEEN HUNDRED
SEVENTY-EIGHT OF THIS TITLE.  THE  COMMISSIONER  OR  THE  COMMISSIONER'S
DESIGNATED  REPRESENTATIVE SHALL ALSO IMMEDIATELY NOTIFY THE APPROPRIATE
PUBLIC WELFARE DEPARTMENT OF THE ISSUANCE OF  SUCH  WRITTEN  NOTICE  AND
DEMAND  PURSUANT  TO  SECTION  ONE  HUNDRED  FORTY-THREE-B OF THE SOCIAL
SERVICES LAW.
  4.   WHENEVER THE COMMISSIONER OR  HIS  OR  HER  REPRESENTATIVE  SHALL
DESIGNATE AN AREA OF HIGH RISK, OTHER THAN A CENSUS TRACT OR BLOCK GROUP
SO  DESIGNATED  PURSUANT  TO  SECTION THIRTEEN HUNDRED SEVENTY-A OF THIS
TITLE HE OR SHE MAY GIVE WRITTEN NOTICE AND DEMAND, SERVED  AS  PROVIDED
IN  SECTION THIRTEEN HUNDRED SEVENTY-EIGHT OF THIS TITLE FOR THE DISCON-
TINUANCE OF A PAINT CONDITION CONDUCIVE TO LEAD POISONING IN ANY  DESIG-
NATED DWELLING IN SUCH AREA WITHIN A SPECIFIED PERIOD OF TIME.
  5.  WHENEVER  THE COMMISSIONER OR HIS OR HER DESIGNATED REPRESENTATIVE
HAS ISSUED A WRITTEN NOTICE AND DEMAND FOR A DISCONTINUANCE OF A  CONDI-
TION  CONDUCIVE  TO  LEAD POISONING, PRIOR TO CLEARING SUCH CONDITION AS
MEETING THE REQUIREMENTS OF THIS TITLE, THE COMMISSIONER OR HIS  OR  HER
DESIGNATED  REPRESENTATIVE  SHALL  COMPLETE  A  CLEARANCE EXAMINATION TO
CONFIRM THE SAFETY OF THE LOCATION. SUCH  CLEARANCE  EXAMINATIONS  SHALL
INCLUDE  A  VISUAL  ASSESSMENT, DUST SAMPLING, SUBMISSION OF SAMPLES FOR
ANALYSIS FOR LEAD, INTERPRETATION OF SAMPLING RESULTS,  AND  PREPARATION
OF  A  REPORT.  CLEARANCE  EXAMINATIONS SHALL BE PERFORMED IN ACCORDANCE
WITH FEDERAL GUIDELINES IN 24 C.F.R. SECTION 35.1340 OR SUCCESSOR  REGU-
LATION.
  S 1373. SAFE WORK PRACTICES FOR ACTIVITIES DISTURBING LEAD-BASED PAINT
OR  PAINT OF UNKNOWN LEAD CONTENT IN AFFECTED PROPERTIES WITH PERSONS AT
RISK.   1. ALL WORK PERFORMED BY AN  OWNER  OR  THE  OWNER'S  AGENTS  OR
CONTRACTORS,  IN  AFFECTED  PROPERTY  OCCUPIED BY A PERSON OR PERSONS AT
RISK, THAT DISTURBS LEAD-BASED  PAINT  OR  PAINT  OF  UNDETERMINED  LEAD
CONTENT  SHALL  BE  PERFORMED  IN  ACCORDANCE WITH SAFE WORK REGULATIONS
PROMULGATED BY THE COMMISSIONER. SUCH  REGULATIONS  SHALL  PROVIDE  FOR,
AMONG OTHER THINGS:
  (A) NOTICE TO TENANTS;
  (B)  TRAINING  REQUIREMENTS,  WHICH  SHALL  REQUIRE  THAT SUCH WORK BE
PERFORMED BY PERSONS WHO HAVE, AT A MINIMUM,  SUCCESSFULLY  COMPLETED  A
COURSE  ON LEAD-SAFE WORK PRACTICES GIVEN BY OR ON BEHALF OF THE DEPART-
MENT, OR THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,  BY  THE  UNITED
STATES  ENVIRONMENTAL PROTECTION AGENCY OR AN ENTITY AUTHORIZED BY IT TO
GIVE SUCH COURSE, OR BY THE UNITED  STATES  DEPARTMENT  OF  HOUSING  AND
URBAN DEVELOPMENT OR AN ENTITY AUTHORIZED BY IT TO GIVE SUCH COURSE;

S. 1568                            12

  (C) PRECAUTIONS TO PREVENT ENTRY INTO THE WORK AREA BY OCCUPANTS UNTIL
CLEAN-UP IS COMPLETED AND FOR TEMPORARY RELOCATION PROVIDED BY THE OWNER
FOR  THE OCCUPANTS OF A DWELLING OR DWELLING UNIT TO APPROPRIATE HOUSING
WHEN WORK CANNOT BE PERFORMED SAFELY;
  (D)  PRECAUTIONS  TO  PREVENT  THE  DISPERSION OF LEAD DUST AND DEBRIS
DURING THE WORK;
  (E) PROHIBITED PRACTICES OF LEAD PAINT REMOVAL, INCLUDING DRY SCRAPING
AND SANDING, USE OF POWER TOOLS WITHOUT PROPER  ENVIRONMENTAL  CONTROLS,
AND THE USE OF TOXIC SUBSTANCES;
  (F) PROPER DAILY AND FINAL CLEAN-UP REQUIREMENTS;
  (G) DUST WIPE CLEARANCE TESTING;
  (H)  PRE-NOTIFICATION  OF LOCAL MUNICIPAL CODE ENFORCEMENT AGENCIES OR
HEALTH DEPARTMENTS, WHERE APPROPRIATE; AND
  (I) EXCEPTIONS FOR SMALL JOBS THAT INVOLVE DISTURBING  LESS  THAN  TWO
SQUARE FEET OF LEAD-BASED PAINT OR PAINT OF UNDETERMINED LEAD CONTENT OR
LESS  THAN  TEN  PERCENT OF THE TOTAL SURFACE AREA OF PEELING PAINT ON A
TYPE OF COMPONENT WITH A SMALL SURFACE AREA, SUCH  AS  A  WINDOWSILL  OR
DOOR FRAME.
  2.  A TENANT SHALL ALLOW ACCESS TO AN AFFECTED PROPERTY, AT REASONABLE
TIMES, TO THE OWNER TO PERFORM ANY WORK REQUIRED UNDER THIS TITLE.
  3. IF A TENANT MUST VACATE AN AFFECTED PROPERTY FOR A PERIOD OF  TWEN-
TY-FOUR  HOURS  OR  MORE IN ORDER TO ALLOW AN OWNER TO PERFORM WORK THAT
WILL DISTURB THE PAINT ON INTERIOR SURFACES, THE OWNER SHALL PAY TO  THE
TENANT  IN  ADVANCE  THE  REASONABLE RELOCATION EXPENSES THAT THE TENANT
INCURS DIRECTLY RELATED TO THE REQUIRED RELOCATION.
  4. THE DEPUTY COMMISSIONER  OR  THE  DEPUTY  COMMISSIONER'S  DESIGNEE,
WITHIN  ONE  HUNDRED  TWENTY  DAYS  FOLLOWING THE EFFECTIVE DATE OF THIS
SECTION, SHALL ESTABLISH GUIDELINES AND A TRAINER'S MANUAL FOR A  "LEAD-
SAFE  HOUSING  AWARENESS SEMINAR" WITH A TOTAL CLASS TIME OF THREE HOURS
OR LESS.  SUCH GUIDELINES AND MATERIALS SHALL BE MADE AVAILABLE SO  THAT
SUCH  COURSES  MAY BE OFFERED BY PROFESSIONAL ASSOCIATIONS AND COMMUNITY
ORGANIZATIONS WITH A TRAINING CAPACITY, EXISTING ACCREDITED  EDUCATIONAL
INSTITUTIONS,  AND  FOR-PROFIT  EDUCATIONAL PROVIDERS. ALL SUCH OFFERING
PROPOSALS SHALL BE REVIEWED AND APPROVED, BASED ON SEMINAR  CONTENT  AND
QUALIFICATIONS OF INSTRUCTORS, BY THE DEPUTY COMMISSIONER OF HOUSING AND
COMMUNITY RENEWAL OR THE DEPUTY COMMISSIONER'S DESIGNEE.
  S  1375.  ACCREDITATION OF INSPECTORS AND CONTRACTORS PERFORMING WORK.
1.  NO PERSON SHALL ACT AS A CONTRACTOR OR  SUPERVISOR  TO  PERFORM  THE
WORK  NECESSARY FOR LEAD-BASED PAINT HAZARD ABATEMENT AS DEFINED IN THIS
TITLE UNLESS THAT PERSON IS ACCREDITED PURSUANT TO ONE OF THE FOLLOWING:
  (A) REGULATIONS THAT MAY BE ADOPTED BY THE  COMMISSIONER  PURSUANT  TO
THIS  SECTION  GOVERNING  THE  ACCREDITATION OF INDIVIDUALS TO ENGAGE IN
LEAD-BASED PAINT ACTIVITIES SUFFICIENT TO SATISFY THE REQUIREMENTS OF 40
C.F.R. 745.325 OR SUCCESSOR REGULATIONS;
  (B) CERTIFICATION BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
TO ENGAGE IN LEAD-BASED PAINT ACTIVITIES PURSUANT TO 40  C.F.R.  745.226
OR SUCCESSOR REGULATION; OR
  (C)  CERTIFICATION  BY  A  STATE  OR  TRIBAL PROGRAM AUTHORIZED BY THE
UNITED STATES ENVIRONMENTAL PROTECTION  AGENCY  TO  CERTIFY  INDIVIDUALS
ENGAGED  IN LEAD-BASED PAINT ACTIVITIES PURSUANT TO 40 C.F.R. 745.325 OR
SUCCESSOR REGULATION.
  THE COMMISSIONER  SHALL,  BY  REGULATION,  CREATE  EXCEPTIONS  TO  THE
ACCREDITATION   REQUIREMENT  FOR  INSTANCES  WHERE  THE  DISTURBANCE  OF
LEAD-BASED PAINT IS SMALL AND INCIDENTAL, SUCH  AS  WORK  THAT  DISTURBS
SURFACES OF LESS THAN EITHER TWO SQUARE FEET OF PEELING LEAD-BASED PAINT
PER  ROOM OR TEN PERCENT OF THE TOTAL SURFACE AREA OF PEELING PAINT ON A

S. 1568                            13

TYPE OF COMPONENT WITH A SMALL SURFACE AREA, SUCH  AS  A  WINDOWSILL  OR
DOOR FRAME.
  2. NO PERSON SHALL CONDUCT AN INSPECTION REQUIRED BY SECTIONS THIRTEEN
HUNDRED  SEVENTY-SIX  AND  THIRTEEN HUNDRED SEVENTY-SEVEN OF THIS TITLE,
UNLESS THAT PERSON IS ACCREDITED PURSUANT TO ONE OF THE FOLLOWING:
  (A) REGULATIONS THAT MAY BE ADOPTED BY THE  COMMISSIONER  PURSUANT  TO
THIS  SECTION  GOVERNING  THE  ACCREDITATION  OF INDIVIDUALS ELIGIBLE TO
CONDUCT THE INSPECTIONS REQUIRED BY THIS TITLE SUFFICIENT TO SATISFY THE
REQUIREMENTS OF 40 C.F.R. 745.325 OR SUCCESSOR REGULATION; OR
  (B) CERTIFICATION TO CONDUCT INSPECTIONS BY THE UNITED STATES ENVIRON-
MENTAL PROTECTION AGENCY PURSUANT TO 40 C.F.R. 745.226(B)  OR  SUCCESSOR
REGULATION; OR
  (C)  CERTIFICATION  BY  A  STATE  OR  TRIBAL PROGRAM AUTHORIZED BY THE
UNITED STATES ENVIRONMENTAL PROTECTION  AGENCY  TO  CERTIFY  INDIVIDUALS
ENGAGED  IN LEAD-BASED PAINT ACTIVITIES PURSUANT TO 40 C.F.R. 745.325 OR
SUCCESSOR REGULATION.
  3.  THE COMMISSIONER MAY ADOPT REGULATIONS, SUFFICIENT TO SATISFY  THE
REQUIREMENTS OF 40 C.F.R. 745.325 OR SUCCESSOR REGULATION, GOVERNING THE
ACCREDITATION  OF  INDIVIDUALS  ENGAGING  IN LEAD-BASED PAINT ACTIVITIES
UNDER THIS TITLE OR ELIGIBLE TO CONDUCT THE INSPECTIONS REQUIRED BY THIS
TITLE.  THE ACCREDITATION OF SUCH PERSONS PURSUANT TO  SUCH  REGULATIONS
SHALL  EXTEND FOR A PERIOD OF THREE YEARS UNLESS THE DEPUTY COMMISSIONER
HAS PROBABLE CAUSE TO BELIEVE A PERSON ACCREDITED UNDER THIS SECTION HAS
VIOLATED THE TERMS OF THE ACCREDITATION OR ENGAGED IN ILLEGAL OR  UNETH-
ICAL CONDUCT RELATED TO INSPECTIONS REQUIRED BY THIS TITLE IN WHICH CASE
THE  ACCREDITATION  TO  PERFORM INSPECTIONS SHALL BE SUSPENDED PENDING A
HEARING IN ACCORDANCE WITH THE PROVISIONS OF  THE  STATE  ADMINISTRATIVE
PROCEDURE ACT. THE COMMISSIONER SHALL ESTABLISH BY REGULATION A SCHEDULE
OF  FEES  FOR  THE  ACCREDITATION AND REGISTRATION OF SUCH PERSONS. SUCH
FEES SHALL BE REQUIRED TO BE PAID AT THE TIME  OF  INITIAL  REGISTRATION
AND  AT  THE  TIME  OF  SUBSEQUENT RENEWAL OF REGISTRATION, AND SHALL BE
SUFFICIENT TO COVER ALL COSTS, INCLUDING THE COSTS OF  STATE  PERSONNEL,
ATTRIBUTABLE TO ACCREDITATION ACTIVITIES CONDUCTED UNDER THIS SECTION.
  (A)  FEES  COLLECTED  PURSUANT  TO  THIS SUBDIVISION WILL BE HELD IN A
CONTINUING, NON-LAPSING  SPECIAL  FUND  TO  BE  USED  FOR  ACCREDITATION
PURPOSES UNDER THIS SECTION.
  (B)  THE FUND ESTABLISHED UNDER THIS SUBDIVISION SHALL BE INVESTED AND
REINVESTED AND ANY INVESTMENT EARNINGS SHALL BE PAID INTO THE FUND.
  4. ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE  A  MISDE-
MEANOR.
  S  1376.   REQUIREMENTS FOR AFFECTED PROPERTIES OCCUPIED BY PERSONS AT
RISK. 1. ALL AFFECTED PROPERTIES OCCUPIED BY PERSONS AT  RISK  SHALL  BE
MAINTAINED FREE OF CONDITIONS CONDUCIVE TO LEAD PAINT POISONING.
  2.  WITHIN  TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION THE
OWNER OF ANY AFFECTED PROPERTY THAT IS OCCUPIED BY A PERSON AT RISK MUST
CERTIFY, THROUGH A SWORN STATEMENT IN A FORM PRESCRIBED BY  THE  COMMIS-
SIONER,  THAT  THE PROPERTY MEETS "LEAD STABILIZED" STATUS AS DEFINED BY
SUBDIVISION THREE OF THIS SECTION AND THE OWNER IS COMPLYING WITH SUBDI-
VISION TWO OF SECTION THIRTEEN  HUNDRED  SEVENTY-SEVEN  OF  THIS  TITLE,
UNLESS A REPORT HAS BEEN SUBMITTED BY A CERTIFIED INSPECTOR STATING THAT
THE  PROPERTY  IS  EITHER "LEAD FREE" OR IS "LEAD CONTAINED" AS PROVIDED
FOR IN SUBDIVISION FIVE OR SIX OF THIS SECTION.
  3. AN AFFECTED PROPERTY WILL BE CONSIDERED  TO  BE  "LEAD  STABILIZED"
WHEN:
  (A)  ALL  EXTERIOR  AND  INTERIOR  PAINTED SURFACES HAVE BEEN VISUALLY
REVIEWED; AND ALL CHIPPING, PEELING,  OR  FLAKING  LEAD-BASED  PAINT  OR

S. 1568                            14

PAINT  OF UNKNOWN LEAD CONTENT ON EXTERIOR AND INTERIOR PAINTED SURFACES
HAS BEEN REMOVED AND REPAINTED, OR STABILIZED  AND  REPAINTED,  AND  ANY
STRUCTURAL DEFECT THAT IS CAUSING OR LIKELY TO CAUSE LEAD-BASED PAINT OR
PAINT  OF UNKNOWN LEAD CONTENT TO CHIP, PEEL, OR FLAKE THAT THE OWNER OF
THE AFFECTED PROPERTY HAS KNOWLEDGE OF, OR WITH THE EXERCISE OF  REASON-
ABLE CARE SHOULD HAVE KNOWLEDGE OF, HAS BEEN REPAIRED; AND
  (B)  ALL  WINDOW  FRICTION  SURFACES WITH LEAD-BASED PAINT OR PAINT OF
UNKNOWN LEAD CONTENT HAVE HAD SUCH PAINT REMOVED OR PERMANENTLY COVERED,
SUCH AS VIA THE INSTALLATION OF REPLACEMENT WINDOW CHANNELS  OR  SLIDES,
AND  INTERIOR  WINDOW  TROUGHS AND WINDOWSILLS HAVE BEEN EITHER STRIPPED
AND REPAINTED, REPLACED, OR ENCAPSULATED WITH VINYL, METAL, OR ANY OTHER
DURABLE MATERIALS WHICH RENDER THE SURFACE SMOOTH AND CLEANABLE; AND
  (C) ALL DOORS AND DOORWAYS HAVE BEEN ADJUSTED OR RE-HUNG AS  NECESSARY
TO  PREVENT THE RUBBING TOGETHER OF ANY SURFACE WITH LEAD-BASED PAINT OR
PAINT OF UNKNOWN LEAD CONTENT WITH ANOTHER SURFACE; AND
  (D) ALL BARE FLOORS HAVE BEEN MADE SMOOTH AND CLEANABLE; AND
  (E) ALL WORK HAS BEEN COMPLETED IN COMPLIANCE WITH THE SAFE WORK PRAC-
TICE REGULATIONS PROMULGATED PURSUANT TO SECTION THIRTEEN HUNDRED SEVEN-
TY-THREE OF THIS TITLE; AND
  (F) AT THE COMPLETION OF ANY ACTIVITIES DESCRIBED IN THIS  SUBDIVISION
THAT DISTURB LEAD-BASED PAINT OR PAINT OF UNKNOWN LEAD CONTENT:
  (I)  THE  INTERIOR OF THE AFFECTED PROPERTY HAS BEEN HEPA VACUUMED AND
WASHED WITH HIGH PHOSPHATE DETERGENT OR ITS EQUIVALENT; AND
  (II) CLEARANCE FOR LEAD DUST HAZARDS HAS BEEN ACHIEVED  AS  DETERMINED
BY  WIPE  SAMPLES  IN  ALL AREAS ACCESSIBLE TO PERSONS AT RISK, TAKEN BY
PROPERLY ACCREDITED INDEPENDENT PERSONNEL AFTER COMPLETION OF ALL ACTIV-
ITIES UNDERTAKEN PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  4. AN OWNER CERTIFYING THAT AN AFFECTED PROPERTY  MEETS  "LEAD  STABI-
LIZED"  STATUS  UNDER  SUBDIVISION  TWO OF THIS SECTION SHALL RETAIN THE
SWORN CERTIFICATION, WHICH SHALL BE  VALID FOR THREE YEARS, AND MAKE  IT
AVAILABLE FOR INSPECTION BY DEPARTMENT OR LOCAL OFFICIALS, INCLUDING THE
RESULTS  OF  WIPE  TESTS WHEN CONDUCTED, AND SHALL PROVIDE A COPY OF THE
CERTIFICATION AND WIPE TEST RESULTS TO THE TENANT.
  5. AN AFFECTED PROPERTY WILL BE CONSIDERED TO BE "LEAD-FREE"  FOR  THE
PURPOSES  OF  THIS SECTION IF THE OWNER OF THE AFFECTED PROPERTY SUBMITS
TO THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE JURISDICTION IN WHICH SUCH
PROPERTY IS LOCATED  AN  INSPECTION  REPORT  WHICH  INDICATES  THAT  THE
AFFECTED  PROPERTY  HAS BEEN TESTED BY AN INSPECTOR, ACCREDITED PURSUANT
TO THE PROVISIONS OF  SECTION  THIRTEEN  HUNDRED  SEVENTY-FIVE  OF  THIS
TITLE,  FOR THE PRESENCE OF LEAD IN ACCORDANCE WITH STANDARDS AND PROCE-
DURES ESTABLISHED BY THE REGULATIONS PROMULGATED BY THE COMMISSIONER AND
STATES UNDER PENALTIES OF PERJURY THAT THERE IS NO LEAD-BASED  PAINT  OR
LEAD-CONTAMINATED  DUST PRESENT ON THE INTERIOR SURFACES OF THE DWELLING
UNIT, NO LEAD-BASED PAINT ON THE INTERIOR SURFACES OF THE  COMMON  AREAS
OF  THE PROPERTY, AND NO LEAD-BASED PAINT PRESENT ON ANY OF THE EXTERIOR
SURFACES OF THE PROPERTY. A COPY OF THE MOST  RECENT  INSPECTION  REPORT
SHALL BE PROVIDED TO THE TENANT.
  6.  AN AFFECTED PROPERTY WILL BE CONSIDERED TO BE "LEAD CONTAINED" FOR
THE PURPOSES OF THIS SECTION IF  THE  OWNER  OF  THE  AFFECTED  PROPERTY
SUBMITS  A  REPORT  BY A CERTIFIED INSPECTOR, ACCREDITED PURSUANT TO THE
PROVISIONS OF SECTION THIRTEEN HUNDRED SEVENTY-FIVE OF THIS TITLE, WHICH
INDICATES THAT THE AFFECTED PROPERTY HAS BEEN TESTED FOR THE PRESENCE OF
LEAD-BASED PAINT AND LEAD-CONTAMINATED DUST IN ACCORDANCE WITH THE STAN-
DARDS AND PROCEDURES  ESTABLISHED  BY  REGULATIONS  PROMULGATED  BY  THE
COMMISSIONER AND STATES UNDER PENALTIES OF PERJURY THAT:

S. 1568                            15

  (A)  ALL  INTERIOR  SURFACES  IN  THE  AFFECTED PROPERTY EITHER DO NOT
CONTAIN LEAD-BASED PAINT OR HAVE BEEN PERMANENTLY ABATED; AND
  (B)(I)  ALL  EXTERIOR  PAINTED  SURFACES OF THE AFFECTED PROPERTY THAT
WERE CHIPPING, PEELING, OR FLAKING  HAVE  BEEN  RESTORED  WITH  NON-LEAD
BASED  PAINT  AND  NO EXTERIOR PAINTED SURFACES OF THE AFFECTED PROPERTY
ARE CHIPPING, PEELING, OR FLAKING; OR
  (II) ALL EXTERIOR PAINTED SURFACES OF THE AFFECTED PROPERTY HAVE  BEEN
COVERED  WITH VINYL SIDING OR SIMILAR SIDING AND SEALED IN A MANNER THAT
PREVENTS EXPOSURE TO CHIPPING, PEELING, OR FLAKING PAINT; AND
  (C) CLEARANCE FOR LEAD DUST HAZARDS HAS BEEN ACHIEVED AS DETERMINED BY
WIPE SAMPLES IN ALL AREAS ACCESSIBLE TO PERSONS AT RISK, TAKEN BY  PROP-
ERLY  ACCREDITED  INDEPENDENT PERSONNEL. A COPY OF THE INSPECTION REPORT
SHALL BE PROVIDED TO THE TENANT.
  7. IN ORDER TO MAINTAIN  "LEAD  CONTAINED"  STATUS  THE  OWNER  OF  AN
AFFECTED  PROPERTY  WITH  LEAD-BASED PAINT ON ANY EXTERIOR SURFACE WHICH
HAS BEEN CERTIFIED AS "LEAD CONTAINED" PURSUANT TO  SUBDIVISION  SIX  OF
THIS  SECTION SHALL SUBMIT TO THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE
JURISDICTION IN WHICH SUCH PROPERTY  IS  LOCATED  EVERY  THREE  YEARS  A
CERTIFICATION  BY  AN INSPECTOR, STATING UNDER PENALTIES OF PERJURY THAT
NO EXTERIOR PAINTED SURFACE OF THE AFFECTED PROPERTY IS CHIPPING,  PEEL-
ING,  OR  FLAKING, AND THAT THERE HAS BEEN NO COMPROMISE OF ANY INTERIOR
ABATEMENT SYSTEM THAT RELIES UPON THE  ENCLOSURE  OR  ENCAPSULATION  FOR
LEAD-BASED  PAINT. A COPY OF SUCH CERTIFICATION SHALL BE RETAINED BY THE
OWNER AND MADE AVAILABLE FOR INSPECTION BY DEPARTMENT OR LOCAL OFFICIALS
AND SHALL BE PROVIDED TO THE TENANT.
  S 1377. DUE  DILIGENCE  INQUIRIES;  INVESTIGATION  AND  INSPECTION  OF
AFFECTED PROPERTIES. 1.  BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF
THIS  SECTION,  UNLESS  THE OWNER OF AN AFFECTED PROPERTY HAS PREVIOUSLY
DOCUMENTED IN THE MANNER REQUIRED BY  THE  DEPUTY  COMMISSIONER  THAT  A
PROPERTY  HAS  BEEN  DETERMINED  TO  HAVE  ACHIEVED "LEAD-FREE" PROPERTY
STATUS OR "LEAD-CONTAINED" PROPERTY STATUS, THE  OWNER  OF  AN  AFFECTED
PROPERTY  SHALL  MAKE  A  DUE  DILIGENCE  INQUIRY TO ASCERTAIN WHETHER A
PERSON AT RISK RESIDES IN AN AFFECTED PROPERTY.
  (A) NO OCCUPANT IN A DWELLING UNIT IN  SUCH  AFFECTED  PROPERTY  SHALL
REFUSE OR UNREASONABLY FAIL TO PROVIDE ACCURATE AND TRUTHFUL INFORMATION
REGARDING THE RESIDENCY OF A PERSON AT RISK.
  (B)  ALL  LEASES OFFERED TO TENANTS OR PROSPECTIVE TENANTS IN AFFECTED
PROPERTIES MUST CONTAIN A NOTICE, CONSPICUOUSLY SET FORTH THEREIN, WHICH
ADVISES TENANTS OF THE OBLIGATIONS OF THE OWNER AND TENANT AS SET  FORTH
IN  THIS SECTION. SUCH NOTICE MUST BE IN A MANNER APPROVED BY THE DEPUTY
COMMISSIONER, THE CONTENT OF WHICH SHALL, AT A MINIMUM,  BE  IN  ENGLISH
AND  SPANISH.  THE OWNER OF AN AFFECTED PROPERTY SHALL PROVIDE THE OCCU-
PANT OF SUCH DWELLING UNIT WITH A PAMPHLET DEVELOPED PURSUANT TO  SUBDI-
VISION FOUR OF SECTION THIRTEEN HUNDRED SEVENTY-A OF THIS TITLE.
  (C)(I)  THE  OWNER OF SUCH AFFECTED PROPERTY SHALL PROVIDE TO AN OCCU-
PANT OF A DWELLING UNIT AT THE SIGNING OF A LEASE, INCLUDING  A  RENEWAL
LEASE, IF ANY, OR UPON ANY AGREEMENT TO LEASE, OR AT THE COMMENCEMENT OF
OCCUPANCY  IF  THERE  IS  NO LEASE, A NOTICE IN ENGLISH AND SPANISH, THE
FORM AND CONTENT OF WHICH SHALL BE APPROVED BY THE DEPARTMENT, INQUIRING
WHETHER A PERSON AT RISK RESIDES OR WILL RESIDE THEREIN. IF THERE  IS  A
LEASE,  SUCH  NOTICE SHALL BE INCLUDED IN SUCH LEASE OR BE ATTACHED AS A
RIDER TO SUCH LEASE. SUCH NOTICE SHALL BE COMPLETED BY THE  OCCUPANT  AT
THE  TIME OF SUCH SIGNING OF A LEASE, INCLUDING A RENEWAL LEASE, IF ANY,
OR SUCH AGREEMENT TO LEASE, OR AT SUCH COMMENCEMENT OF OCCUPANCY.
  (II) WHERE AN OCCUPANT HAS RESPONDED TO THE  NOTICE  PROVIDED  BY  THE
OWNER  PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH BY INDICATING THAT

S. 1568                            16

NO PERSON AT RISK RESIDES THEREIN, DURING THE PERIOD BETWEEN THE DATE OF
SUCH RESPONSE AND THE DELIVERY OF  THE  NOTICE  PROVIDED  BY  THE  OWNER
PURSUANT  TO  PARAGRAPH  (D)  OF THIS SUBDIVISION DURING THE IMMEDIATELY
FOLLOWING  YEAR THE OCCUPANT SHALL HAVE THE RESPONSIBILITY TO INFORM THE
OWNER OF ANY PERSON AT RISK THAT COMES TO  RESIDE  THEREIN  DURING  SUCH
PERIOD.
  (D)(I)  EACH  YEAR, AN OWNER OF AN AFFECTED PROPERTY SHALL, NO EARLIER
THAN JANUARY FIRST AND  NO  LATER  THAN  JANUARY  SIXTEENTH,  EXCEPT  AS
PROVIDED  FOR IN SUBPARAGRAPH (II) OF PARAGRAPH (C) OF THIS SUBDIVISION,
PRESENT TO THE OCCUPANT OF EACH DWELLING UNIT IN SUCH AFFECTED  PROPERTY
A  NOTICE INQUIRING AS TO WHETHER A PERSON AT RISK RESIDES THEREIN. SUCH
NOTICE, THE FORM AND CONTENT OF WHICH SHALL BE APPROVED  BY  THE  DEPUTY
COMMISSIONER, SHALL BE PRESENTED AS PROVIDED FOR IN SUBPARAGRAPH (II) OF
PARAGRAPH (C) OF THIS SUBDIVISION, AND SHALL BE IN ENGLISH AND SPANISH.
  (II)  THE OWNER MAY PRESENT THE NOTICE REQUIRED BY SUBPARAGRAPH (I) OF
THIS PARAGRAPH BY DELIVERING SAID NOTICE BY ANY  ONE  OF  THE  FOLLOWING
METHODS:
  (1)  BY  FIRST  CLASS  MAIL, ADDRESSED TO THE OCCUPANT OF THE DWELLING
UNIT;
  (2) BY HAND DELIVERY TO THE OCCUPANT OF THE DWELLING UNIT; OR
  (3) BY ENCLOSURE WITH THE JANUARY RENT BILL,  IF  SUCH  RENT  BILL  IS
DELIVERED AFTER DECEMBER FIFTEENTH BUT NO LATER THAN JANUARY SIXTEENTH.
  (III)  (1)  UPON  RECEIPT  OF  SUCH NOTICE THE OCCUPANT SHALL HAVE THE
RESPONSIBILITY TO DELIVER BY FEBRUARY FIFTEENTH OF THAT YEAR, A  WRITTEN
RESPONSE TO THE OWNER INDICATING WHETHER OR NOT A PERSON AT RISK RESIDES
THEREIN.  IF,  SUBSEQUENT TO DELIVERY OF SUCH NOTICE, THE OWNER DOES NOT
RECEIVE SUCH WRITTEN RESPONSE BY FEBRUARY FIFTEENTH, AND DOES NOT OTHER-
WISE HAVE ACTUAL KNOWLEDGE AS TO WHETHER A PERSON AT RISK RESIDES THERE-
IN, THEN THE OWNER SHALL AT REASONABLE TIMES AND UPON REASONABLE  NOTICE
INSPECT  THAT  OCCUPANT'S  DWELLING UNIT TO ASCERTAIN THE RESIDENCY OF A
PERSON AT RISK AND, WHEN NECESSARY, CONDUCT AN INVESTIGATION IN ORDER TO
MAKE THAT DETERMINATION. WHERE, BETWEEN  FEBRUARY  SIXTEENTH  AND  MARCH
FIRST  OF  THAT  YEAR,  THE  OWNER  HAS MADE REASONABLE ATTEMPTS TO GAIN
ACCESS TO A DWELLING UNIT TO DETERMINE IF A PERSON AT  RISK  RESIDES  IN
THAT DWELLING UNIT AND WAS UNABLE TO GAIN ACCESS, THE OWNER SHALL NOTIFY
THE  DEPUTY  COMMISSIONER OR THE DEPUTY COMMISSIONER'S LOCAL DESIGNEE OF
THAT CIRCUMSTANCE.
  (2) WHERE AN OCCUPANT HAS RESPONDED TO  THE  NOTICE  PROVIDED  BY  THE
OWNER  PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH BY INDICATING THAT
NO PERSON AT RISK RESIDES THEREIN, DURING THE PERIOD BETWEEN THE DATE OF
SUCH RESPONSE AND THE DELIVERY OF  THE  NOTICE  PROVIDED  BY  THE  OWNER
PURSUANT  TO  THIS SUBDIVISION DURING THE IMMEDIATELY FOLLOWING YEAR THE
OCCUPANT SHALL HAVE THE RESPONSIBILITY TO INFORM THE OWNER OF ANY PERSON
AT RISK THAT COMES TO RESIDE THEREIN DURING SUCH PERIOD.
  (E) THE OWNER SHALL MAKE AND MAINTAIN A RECORD OF  ALL  DUE  DILIGENCE
INQUIRIES, IN ELECTRONIC OR HARD-COPY FORMAT, FOR A PERIOD OF SIX YEARS.
COPIES OF SUCH RECORDS SHALL BE MADE AVAILABLE UPON REQUEST TO THE DEPU-
TY COMMISSIONER OR HIS OR HER LOCAL DESIGNEE.
  2.  BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, WHEN
THE OWNER DETERMINES THAT A PERSON AT RISK RESIDES AT AN AFFECTED  PROP-
ERTY AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, AND THE OWNER OF AN
AFFECTED  PROPERTY  HAS NOT PREVIOUSLY DOCUMENTED IN THE MANNER REQUIRED
BY THE DEPUTY COMMISSIONER THAT A PROPERTY HAS BEEN DETERMINED  TO  HAVE
ACHIEVED EITHER "LEAD-FREE" PROPERTY STATUS OR "LEAD-CONTAINED" PROPERTY
STATUS, NOTWITHSTANDING ANY CERTIFICATION COMPLETED PURSUANT TO SUBDIVI-
SION  TWO  OF  SECTION  THIRTEEN  HUNDRED SEVENTY-SIX OF THIS TITLE, THE

S. 1568                            17

OWNER SHALL THEN CAUSE AN INVESTIGATION TO BE MADE, EITHER  DIRECTLY  BY
THE OWNER, THE OWNER'S AGENT OR EMPLOYEE, OR BY ANY OTHER PERSON AUTHOR-
IZED  BY  THE  DEPUTY  COMMISSIONER,  TO DETERMINE WHETHER SUCH PROPERTY
COMPLIES, AT A MINIMUM, WITH "LEAD-STABILIZED" PROPERTY STATUS. ALTERNA-
TIVELY, THE OWNER MAY CAUSE AN INSPECTION TO BE MADE BY A PERSON TRAINED
AND  ACCREDITED  FOR  SUCH  INSPECTIONS AS DESCRIBED IN SECTION THIRTEEN
HUNDRED SEVENTY-FIVE OF THIS TITLE FOR THE PURPOSE OF DETERMINING WHETH-
ER THE AFFECTED  PROPERTY  COMPLIES  WITH  EITHER  "LEAD-FREE"  PROPERTY
STATUS OR "LEAD-CONTAINED" PROPERTY STATUS.
  (A)  THE  INVESTIGATION  TO ASCERTAIN WHETHER A PROPERTY COMPLIES WITH
"LEAD-STABILIZED" PROPERTY STATUS SHALL OCCUR AT LEAST ONCE A  YEAR  AND
MORE  OFTEN IF NECESSARY, SUCH AS WHEN THE OWNER KNOWS OR SHOULD REASON-
ABLY BE AWARE THAT A PERSON AT  RISK  HAS  BECOME  AN  OCCUPANT  OF  THE
AFFECTED PROPERTY.
  (B)  AN  INSPECTION  OR INVESTIGATION SHALL, IN ADDITION, BE CONDUCTED
WHEN, IN THE EXERCISE OF REASONABLE CARE, AN OWNER KNOWS OR SHOULD  KNOW
OF  A  CONDITION  THAT IS REASONABLY FORESEEABLE TO BE CONDUCIVE TO LEAD
POISONING, OR WHEN AN OCCUPANT SPECIFICALLY REQUESTS THAT AN  INSPECTION
OR  INVESTIGATION  BE  MADE BASED UPON HIS OR HER REASONABLE BELIEF THAT
SUCH A CONDITION EXISTS, OR WHEN AN OCCUPANT MAKES A  COMPLAINT  TO  THE
OWNER  CONCERNING  A  CONDITION  THAT  THE OWNER KNOWS OR SHOULD KNOW IS
REASONABLY FORESEEABLE TO BE CONDUCIVE TO LEAD POISONING.
  (C) IN ADDITION TO ANY INVESTIGATIONS OR  INSPECTIONS  REQUIRED  UNDER
PARAGRAPHS (A) OR (B) OF THIS SUBDIVISION, THE OWNER SHALL CAUSE SUCH AN
INVESTIGATION  OR  INSPECTION TO BE MADE WITHIN THE THIRTY DAYS PRIOR TO
THE LEASING, RENTAL, OR OTHER TURNOVER  OF  AN  AFFECTED  PROPERTY,  AND
SHALL  REPORT  THE  FINDINGS  OF  THAT  INVESTIGATION  OR  INSPECTION TO
PROSPECTIVE TENANTS IN ACCORDANCE WITH TITLE X OF THE  FEDERAL  RESIDEN-
TIAL LEAD POISONING PREVENTION ACT AND THIS TITLE.
  (D)  THE  OWNER SHALL MAKE AND MAINTAIN A RECORD OF ALL INVESTIGATIONS
OR INSPECTIONS CONDUCTED UNDER THIS SUBDIVISION IN A FORM PRESCRIBED  BY
THE  DEPUTY COMMISSIONER. THE OWNER SHALL MAINTAIN SUCH RECORD, IN ELEC-
TRONIC OR HARD-COPY FORMAT, FOR A PERIOD OF SIX YEARS.  COPIES  OF  SUCH
RECORDS SHALL BE MADE AVAILABLE UPON REQUEST TO THE DEPUTY COMMISSIONER,
HIS OR HER LOCAL DESIGNEE, TENANTS AND OCCUPANTS OF THE AFFECTED PROPER-
TY, AND ANY PROSPECTIVE TENANTS OR OCCUPANTS OF THE AFFECTED PROPERTY.
  (E)  THE  OWNER  SHALL  CAUSE  A  SUMMARY  OF  SUCH  INVESTIGATION  OR
INSPECTION REPORT, IN A FORM PRESCRIBED BY THE DEPUTY  COMMISSIONER,  TO
BE  CONSPICUOUSLY POSTED IN A COMMON AREA OF THE DWELLING IN OR ADJACENT
TO MAIN ENTRANCES. WHERE THERE IS MORE THAN ONE AFFECTED PROPERTY IN THE
DWELLING, THE SUMMARY SHALL BE POSTED IN A COMMON AREA OF  THE  DWELLING
IN, OR ADJACENT TO, THE MAIN ENTRANCE OR ENTRANCES. IN CASES WHERE IT IS
NOT  FEASIBLE  TO POST SUCH REPORTS IN A COMMON AREA, THE OWNER OR AGENT
SHALL DELIVER INDIVIDUAL COPIES OF SUCH SUMMARY TO EACH  AFFECTED  UNIT.
SAID  SUMMARY  SHALL INDICATE THAT THE FULL REPORT OF SUCH INVESTIGATION
OR INSPECTION IS AVAILABLE TO TENANTS UPON REQUEST.
  3. BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS  SECTION,  THE
DEPUTY  COMMISSIONER'S DESIGNEE FOR THE JURISDICTION IN WHICH SUCH PROP-
ERTY IS LOCATED SHALL ORDER AN INSPECTION OF AN AFFECTED PROPERTY BY  AN
INSPECTOR  ACCREDITED  PURSUANT  TO  THE  PROVISIONS OF SECTION THIRTEEN
HUNDRED SEVENTY-FIVE OF THIS TITLE, AT THE EXPENSE OF THE OWNER  OF  THE
AFFECTED  PROPERTY,  WHENEVER THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE
JURISDICTION IN WHICH SUCH PROPERTY IS  LOCATED,  RECEIVES  NOTIFICATION
THAT  THE  AFFECTED  PROPERTY  DOES NOT REASONABLY APPEAR TO COMPLY WITH
EITHER THE LEAD-FREE, LEAD-CONTAINED, OR LEAD-STABILIZED PROPERTY STATUS
AND THAT A PERSON AT RISK RESIDES IN THE AFFECTED PROPERTY. ANY STATE OR

S. 1568                            18

LOCAL AGENCY EMPLOYEES WHO HAVE OCCASION TO OBSERVE  DETERIORATED  PAINT
OR  ANY OTHER CONDITION BELIEVED TO BE CONDUCIVE TO LEAD POISONING AT AN
AFFECTED PROPERTY ARE AUTHORIZED  TO  REPORT,  AND  SHALL  REPORT,  SUCH
CONDITIONS  TO THE DEPUTY COMMISSIONER'S DESIGNEE, AND IN SUCH INSTANCE,
THE DEPUTY COMMISSIONER'S DESIGNEE SHALL REQUIRE  AN  INSPECTION  TO  BE
MADE  OF THE AFFECTED PROPERTY. AN INSPECTION REQUIRED UNDER THIS SUBDI-
VISION SHALL BE COMPLETED WITHIN NINETY DAYS AFTER NOTIFICATION  OF  THE
DEPUTY  COMMISSIONER'S DESIGNEE FOR THE JURISDICTION IN WHICH SUCH PROP-
ERTY IS LOCATED. IN THE EVENT SUCH INSPECTION RESULTS IN  A  FINDING  OF
LEAD HAZARDS, A REPORT OF SUCH FINDINGS SHALL BE IMMEDIATELY TRANSMITTED
BY THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE
JURISDICTION  IN WHICH SUCH PROPERTY IS LOCATED TO THE APPROPRIATE LOCAL
SOCIAL SERVICES DEPARTMENT PURSUANT TO SECTION ONE HUNDRED FORTY-THREE-B
OF THE SOCIAL SERVICES LAW.
  4. THE DEPUTY COMMISSIONER, OR THE DEPUTY COMMISSIONER'S DESIGNEE  FOR
THE  JURISDICTION  IN  WHICH  SUCH  PROPERTY  IS LOCATED, SHALL ORDER AN
INSPECTION OF AN AFFECTED PROPERTY  FOR  CONDITIONS  CONDUCIVE  TO  LEAD
POISONING,  BY  AN  INSPECTOR  ACCREDITED  PURSUANT TO THE PROVISIONS OF
SECTION THIRTEEN HUNDRED SEVENTY-FIVE OF THIS TITLE, AT THE  EXPENSE  OF
THE  OWNER OF THE AFFECTED PROPERTY, WHENEVER THE DEPUTY COMMISSIONER OR
THE DEPUTY COMMISSIONER'S DESIGNEE FOR THE JURISDICTION  IN  WHICH  SUCH
PROPERTY IS LOCATED IS NOTIFIED THAT A PERSON AT RISK WHO RESIDES IN THE
AFFECTED  PROPERTY  OR  SPENDS  MORE  THAN FIFTEEN HOURS PER WEEK IN THE
AFFECTED PROPERTY HAS AN ELEVATED BLOOD LEAD LEVEL. AN INSPECTION  UNDER
THIS  SUBDIVISION SHALL BE COMPLETED WITHIN FIFTEEN DAYS AFTER NOTIFICA-
TION OF THE DEPUTY COMMISSIONER OR THE  DEPUTY  COMMISSIONER'S  DESIGNEE
FOR  THE  JURISDICTION  IN  WHICH SUCH PROPERTY IS LOCATED. IN THE EVENT
SUCH INSPECTION RESULTS IN A FINDING OF  CONDITIONS  CONDUCIVE  TO  LEAD
POISONING, A REPORT OF SUCH FINDING SHALL BE PROMPTLY TRANSMITTED BY THE
DEPUTY  COMMISSIONER,  OR  THE  DEPUTY  COMMISSIONER'S  DESIGNEE FOR THE
JURISDICTION IN WHICH THE SUBJECT PROPERTY IS LOCATED, TO THE  APPROPRI-
ATE  LOCAL  SOCIAL  SERVICES  DEPARTMENT PURSUANT TO SECTION ONE HUNDRED
FORTY-THREE-B OF THE SOCIAL SERVICES LAW.
  5. AN OWNER OF AN AFFECTED PROPERTY AT ANY TIME  AFTER  THE  EFFECTIVE
DATE  OF  THIS  SECTION, MAY REQUEST VOLUNTARILY THAT THE DEPUTY COMMIS-
SIONER, OR THE DEPUTY COMMISSIONER'S DESIGNEE FOR  THE  JURISDICTION  IN
WHICH  SUCH  PROPERTY  IS LOCATED, CONDUCT AN INSPECTION BY AN INSPECTOR
ACCREDITED PURSUANT TO THE PROVISIONS OF SECTION THIRTEEN HUNDRED SEVEN-
TY-FIVE OF THIS TITLE, OF AN AFFECTED PROPERTY, AT THE  EXPENSE  OF  THE
OWNER,  TO DETERMINE WHETHER IT COMPLIES WITH THE REQUIREMENTS FOR LEAD-
FREE PROPERTY, LEAD-CONTAINED PROPERTY STATUS, OR LEAD-STABILIZED  PROP-
ERTY STATUS. SUCH INSPECTION SHALL BE COMPLETED WITHIN THIRTY DAYS AFTER
THE OWNER'S REQUEST.
  6.  THE  DEPUTY  COMMISSIONER  SHALL  ESTABLISH  A  PRIMARY PREVENTION
INSPECTION PROGRAM IN AREAS OF HIGH RISK TO IDENTIFY AND TARGET AFFECTED
PROPERTIES WHERE THERE ARE PERSONS WHO  MAY  BE  EXPOSED  TO  LEAD-BASED
PAINT  HAZARDS  IN  ORDER  THAT INSPECTIONS MAY BE CONDUCTED WITHOUT THE
RECEIPT OF A COMPLAINT OR OTHER SUCH EVENT TRIGGERING AN INSPECTION, AND
REQUIRE FOR EACH SUCH AREA OF HIGH RISK THAT THE COUNTY COMMISSIONER  OF
HEALTH  OR  HIS  OR  HER  OTHER LOCAL DESIGNEE, AND SUCH LOCAL MUNICIPAL
BUILDING OR  PROPERTY  MAINTENANCE  CODE  ENFORCEMENT  OFFICIALS  HAVING
JURISDICTION  OVER SUCH AREA AS THE DEPUTY COMMISSIONER SHALL DESIGNATE,
PREPARE AND IMPLEMENT A STRATEGY TO:
  (A) ASSURE THAT A SUFFICIENT NUMBER OF QUALIFIED INSPECTION  PERSONNEL
ARE AVAILABLE;

S. 1568                            19

  (B)  IDENTIFY  THE  AFFECTED  PROPERTIES  WITH PERSONS AT RISK IN THAT
MUNICIPALITY, CENSUS TRACT OR CENSUS BLOCK GROUP THAT ARE MOST LIKELY TO
CONTAIN CONDITIONS CONDUCIVE TO LEAD POISONING;
  (C)  REQUIRE, AT THE OWNER'S EXPENSE, THE INSPECTION OF AFFECTED PROP-
ERTIES FOR CONDITIONS CONDUCIVE TO LEAD POISONING; AND
  (D) REQUIRE THAT SUCH INSPECTED PROPERTIES ATTAIN LEAD-FREE, LEAD-CON-
TAINED, OR LEAD-STABILIZED STATUS, AND  ELIMINATION  OF  ALL  CONDITIONS
CONDUCIVE  TO  LEAD  POISONING  IN SUCH PROPERTIES, USING LEAD SAFE WORK
PRACTICES IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
IN PREPARING THIS PRIMARY PREVENTION INSPECTION STRATEGY, THE  RESPONSI-
BLE OFFICIALS SHALL, AMONG OTHER FACTORS, CONSIDER REPORTS OF PERSONS AT
RISK  WITH  ELEVATED BLOOD LEAD LEVELS IN OTHER UNITS IN A BUILDING; THE
AGE AND MAINTENANCE HISTORY OF A BUILDING; AND ANY AVAILABLE DATA ON THE
PRESENCE OF YOUNG CHILDREN FROM BIRTH CERTIFICATES ISSUED BY THE DEPART-
MENT.
  7. AN INSPECTOR SHALL SUBMIT A VERIFIED REPORT OF THE  RESULT  OF  THE
INSPECTION  CONDUCTED  PURSUANT TO SUBDIVISION TWO, THREE, FOUR, FIVE OR
SIX OF THIS SECTION TO THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSION-
ER'S DESIGNEE FOR THE JURISDICTION IN WHICH SUCH  PROPERTY  IS  LOCATED,
THE OWNER, AND THE TENANT, IF ANY, OF THE AFFECTED PROPERTY. SUCH REPORT
SHALL  BE  COMPLETED  SUBJECT  TO  PENALTIES FOR PERJURY AND INCLUDE THE
INSPECTOR'S STATE REGISTRATION  NUMBER  AND  DATE  OF  CERTIFICATION  TO
PERFORM  SUCH  INSPECTIONS.  IN  THE  EVENT SUCH INSPECTION RESULTS IN A
FINDING OF LEAD-BASED PAINT HAZARDS  OR  CONDITIONS  CONDUCIVE  TO  LEAD
POISONING,  A  REPORT  OF SUCH FINDINGS SHALL BE PROMPTLY TRANSMITTED BY
THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S  DESIGNEE  FOR  THE
JURISDICTION  IN  WHICH  SUCH PROPERTY IS LOCATED AND TO THE APPROPRIATE
LOCAL SOCIAL SERVICES DEPARTMENT PURSUANT TO SECTION ONE HUNDRED  FORTY-
THREE-B OF THE SOCIAL SERVICES LAW.
  8.  UNLESS AN AFFECTED PROPERTY HAS BEEN CERTIFIED AS "LEAD-FREE PROP-
ERTY STATUS" AS PROVIDED IN SUBDIVISION TWO OF SECTION THIRTEEN  HUNDRED
SEVENTY  OF  THIS  TITLE,  ANY WRITTEN OR PRINTED LEASE FOR THE LEASE OR
RENTING OF AN AFFECTED PROPERTY FOR A TERM BEGINNING AT A DATE MORE THAN
ONE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS TITLE  SHALL  INCLUDE  THE
FOLLOWING  PROVISIONS,  IN  BOTH  ENGLISH  AND  SPANISH,  IN PROMINENTLY
DISPLAYED AND EASILY READABLE TYPE OR PRINTING:
  "THIS PROPERTY, CONSTRUCTED BEFORE JANUARY 1, 1970, MAY CONTAIN  LEAD-
BASED  PAINT.  LEAD-BASED  PAINT, IF IT IS NOT PROPERLY REMOVED OR MAIN-
TAINED, MAY CAUSE BRAIN DAMAGE OR OTHER SERIOUS HEALTH IMPACTS IN  CHIL-
DREN  LESS  THAN  SEVEN YEARS OF AGE AND FETAL INJURY IN PREGNANT WOMEN.
NEW YORK STATE LAW REQUIRES THE  LANDLORD  TO  COMPLY  WITH  MAINTENANCE
STANDARDS  TO  AVOID  LEAD-BASED  PAINT HAZARDS. THIS PROPERTY (OWNER OR
AGENT TO CHECK APPROPRIATE BOX):
       HAS BEEN INSPECTED BY AN INDEPENDENT  INSPECTOR  CERTIFIED  UNDER
NEW  YORK  STATE LAW WITHIN THE PAST SIXTY DAYS AND FOUND NOT TO CONTAIN
LEAD-BASED PAINT HAZARDS.
       HAS BEEN INVESTIGATED BY THE OWNER,  MANAGER,  OR  HIS/HER  AGENT
WITHIN THE PAST THIRTY DAYS AND OBSERVABLE LEAD-BASED PAINT HAZARDS HAVE
BEEN STABILIZED.
       HAS  NOT BEEN INSPECTED FOR LEAD-BASED PAINT HAZARDS.  THIS PROP-
ERTY MAY CONTAIN LEAD-BASED PAINT HAZARDS DANGEROUS TO A CHILD LESS THAN
SEVEN YEARS OF AGE."
  9. AT THE TIME OF THE LEASE OR RENTING OF AN AFFECTED PROPERTY WITHOUT
A WRITTEN OR PRINTED LEASE AT A DATE MORE THAN ONE  YEAR  FOLLOWING  THE
EFFECTIVE  DATE  OF  THIS  SECTION, THE FRONT ENTRANCEWAY OR DOOR OF THE
AFFECTED PROPERTY SHALL BE POSTED WITH A SIGN  CONTAINING  THE  LANGUAGE

S. 1568                            20

QUOTED  IN  SUBDIVISION EIGHT OF THIS SECTION, IN BOTH ENGLISH AND SPAN-
ISH, AND IN PROMINENTLY DISPLAYED AND EASILY READABLE TYPE OR PRINTING.
  S  1378.  ENFORCEMENT.   1. WHENEVER THE DEPUTY COMMISSIONER OR DEPUTY
COMMISSIONER'S DESIGNEE FINDS AN AFFECTED PROPERTY TO NOT BE IN  COMPLI-
ANCE WITH THE APPLICABLE REQUIREMENTS FOR EITHER LEAD-FREE, OR LEAD-CON-
TAINED,  OR  LEAD-STABILIZED PROPERTY STATUS, THE DEPUTY COMMISSIONER OR
DEPUTY COMMISSIONER'S DESIGNEE SHALL GIVE  WRITTEN  NOTICE  AND  DEMAND,
SERVED AS PROVIDED HEREIN, FOR THE DISCONTINUANCE OF ANY CONDITION FAIL-
ING  TO COMPLY WITH EITHER THE LEAD-FREE, LEAD-CONTAINED, OR LEAD-STABI-
LIZED STANDARDS IN AN AFFECTED PROPERTY WITHIN  A  SPECIFIED  PERIOD  OF
TIME  NOT  TO  EXCEED  THIRTY  DAYS.  THE  DEPUTY COMMISSIONER OR DEPUTY
COMMISSIONER'S DESIGNEE SHALL ALSO IMMEDIATELY  NOTIFY  THE  APPROPRIATE
LOCAL  SOCIAL SERVICES DEPARTMENT OF THE ISSUANCE OF SUCH WRITTEN NOTICE
AND DEMAND PURSUANT TO SECTION ONE HUNDRED FORTY-THREE-B OF  THE  SOCIAL
SERVICES LAW.
  2.  IN  THE  EVENT  OF FAILURE TO COMPLY WITH A NOTICE AND DEMAND, THE
DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'S DESIGNEE SHALL  CONDUCT
A  FORMAL  HEARING  UPON DUE NOTICE IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION AND ON PROOF OF VIOLATION OF SUCH NOTICE AND  DEMAND  SHALL
ORDER  THE  OWNER  OF  AN AFFECTED PROPERTY TO TAKE SPECIFIED CORRECTIVE
ACTIONS TO HAVE THE AFFECTED PROPERTY SATISFY  THE  REQUIREMENTS,  AT  A
MINIMUM,  OF LEAD-CONTAINED OR LEAD-STABILIZED PROPERTY AND MAY ASSESS A
PENALTY NOT TO  EXCEED  TWO  THOUSAND  FIVE  HUNDRED  DOLLARS  FOR  EACH
AFFECTED  PROPERTY.  IN THE EVENT THAT SUCH FAILURE TO COMPLY CONCERNS A
NOTICE AND DEMAND ISSUED IN  RESPONSE  TO  AN  ENVIRONMENTAL  ASSESSMENT
UNDERTAKEN  PURSUANT  TO  SUBDIVISION  THREE OF SECTION THIRTEEN HUNDRED
SEVENTY-SEVEN OF THIS TITLE,  THE  DEPUTY  COMMISSIONER  OR  THE  DEPUTY
COMMISSIONER'S  DESIGNEE,  SHALL  CAUSE  THE  CONDITION TO BE REMEDIATED
WITHIN THE NEXT THIRTY DAYS, AND MAY PLACE A LIEN ON SUCH  PROPERTY  AND
COMMENCE  SUCH  LEGAL ACTIONS AS ARE NECESSARY TO RECOVER FROM THE OWNER
OF SUCH PROPERTY THE DEPUTY COMMISSIONER'S  EXPENDITURES  IN  CONNECTION
THEREWITH, INCLUDING LEGAL FEES.
  3.  A  NOTICE  REQUIRED BY THIS SECTION MAY BE SERVED UPON AN OWNER OR
OCCUPANT OF THE DWELLING OR 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.
  4. THE DEPUTY COMMISSIONER'S DESIGNEE HAVING JURISDICTION, COUNTY  AND
CITY  COMMISSIONERS  OF HEALTH, AND LOCAL HOUSING CODE ENFORCEMENT AGEN-
CIES DESIGNATED BY THE DEPUTY COMMISSIONER'S DESIGNEE  HAVING  JURISDIC-
TION  OR  COUNTY  OR  CITY  COMMISSIONER  OF  HEALTH SHALL HAVE THE SAME
AUTHORITY, POWERS AND DUTIES WITHIN THEIR  RESPECTIVE  JURISDICTIONS  AS
HAS THE DEPUTY COMMISSIONER UNDER THE PROVISIONS OF THIS TITLE.
  5. THE DEPUTY COMMISSIONER OR DEPUTY COMMISSIONER'S REPRESENTATIVE AND
AN  OFFICIAL  OR AGENCY SPECIFIED IN SUBDIVISION ONE OF THIS SECTION MAY
REQUEST AND SHALL RECEIVE FROM  ALL  PUBLIC  OFFICERS,  DEPARTMENTS  AND
AGENCIES  OF  THE  STATE AND ITS POLITICAL SUBDIVISIONS SUCH COOPERATION
AND ASSISTANCE AS MAY BE NECESSARY OR PROPER IN THE ENFORCEMENT  OF  THE
PROVISIONS OF THIS TITLE.
  6.  ANY  VIOLATION  OF  THE  REQUIREMENTS  OF SECTION THIRTEEN HUNDRED
SEVENTY-SIX OF THIS TITLE SHALL  ALSO  CONSTITUTE  A  VIOLATION  OF  ANY
MUNICIPAL  OR OTHER LOCAL HOUSING CODE AND SHALL SUBJECT THE OWNER OF AN
AFFECTED PROPERTY TO ALL ORDERS, CRIMINAL  PENALTIES,  AND  OTHER  CIVIL
FORFEITURES OR PENALTIES THAT ARE POSSIBLE UNDER SUCH MUNICIPAL OR LOCAL
HOUSING CODE, AND SHALL ALSO CONSTITUTE A RENT IMPAIRING VIOLATION WITH-
IN  THE  MEANING OF SECTION THREE HUNDRED TWO-A OF THE MULTIPLE DWELLING
LAW AND SECTION THREE HUNDRED FIVE-A OF THE MULTIPLE RESIDENCE LAW.

S. 1568                            21

  7. NOTHING CONTAINED IN THIS TITLE SHALL  BE  CONSTRUED  TO  ALTER  OR
ABRIDGE  ANY  DUTIES  AND POWERS NOW OR HEREAFTER EXISTING IN THE DEPUTY
COMMISSIONER, COUNTY BOARDS OF HEALTH, CITY AND COUNTY COMMISSIONERS  OF
HEALTH,  THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVEL-
OPMENT  AND  THE  DEPARTMENT  OF HEALTH, LOCAL BOARDS OF HEALTH OR OTHER
PUBLIC AGENCIES OR PUBLIC OFFICIALS, OR ANY PRIVATE PARTY, INCLUDING THE
POWER TO IMPOSE MORE STRINGENT MEASURES TO PROTECT PUBLIC HEALTH.
  8. THE OFFICE OF  THE  ATTORNEY  GENERAL  AND  ALL  LOCAL  AUTHORITIES
RESPONSIBLE  FOR  THE  ENFORCEMENT  OF STATE, MUNICIPAL, AND OTHER LOCAL
HOUSING CODES ARE HEREBY EMPOWERED TO AND SHALL VIGOROUSLY ENFORCE CIVIL
REMEDIES AND/OR CRIMINAL PENALTIES PROVIDED FOR BY LAW  ARISING  OUT  OF
THE FAILURE TO COMPLY WITH THE REQUIREMENTS OF SECTIONS THIRTEEN HUNDRED
SEVENTY-FIVE,  THIRTEEN  HUNDRED SEVENTY-SIX, OR THIRTEEN HUNDRED SEVEN-
TY-EIGHT OF THIS TITLE AND MAY SEEK INJUNCTIVE RELIEF WHERE APPROPRIATE.
  9. (A) ANY ADMINISTRATIVE PROCEEDING OR CIVIL OR  CRIMINAL  ACTION  BY
STATE OR LOCAL OFFICIALS TO ENFORCE THE PROVISIONS OF THIS SECTION SHALL
BE REPORTED TO THE DEPUTY COMMISSIONER.
  (B)  THE  DEPUTY  COMMISSIONER  SHALL ISSUE AN ANNUAL REPORT OUTLINING
SPECIFICALLY THE ENFORCEMENT ACTIONS BROUGHT PURSUANT TO  THIS  SECTION,
THE  IDENTITY  OF  THE  OWNERS OF THE AFFECTED PROPERTIES, THE AUTHORITY
BRINGING THE ENFORCEMENT ACTION, THE NATURE OF THE ACTION, AND  DESCRIB-
ING THE CRIMINAL PENALTIES AND/OR CIVIL RELIEF.
  10.  THE  REMOVAL OF A TENANT FROM OR THE SURRENDER BY THE TENANT OF A
DWELLING WITH RESPECT TO WHICH THE DEPUTY COMMISSIONER  OR  HIS  OR  HER
REPRESENTATIVE,  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION, HAS GIVEN
WRITTEN NOTICE AND DEMAND FOR THE DISCONTINUANCE OF A  CONDITION  CONDU-
CIVE  TO  LEAD  POISONING  SHALL  NOT  ABSOLVE, RELIEVE OR DISCHARGE ANY
PERSONS CHARGEABLE THEREWITH FROM THE OBLIGATION AND  RESPONSIBILITY  TO
DISCONTINUE  SUCH  CONDITION  CONDUCIVE  TO LEAD POISONING IN ACCORDANCE
WITH THE METHOD OF DISCONTINUANCE PRESCRIBED THEREFOR IN SUCH NOTICE AND
DEMAND.
  S 1379. INJUNCTIVE RELIEF.  1. IF AN OWNER  OF  AN  AFFECTED  PROPERTY
FAILS TO COMPLY WITH THE REQUIREMENTS OF SECTION THIRTEEN HUNDRED SEVEN-
TY-SIX  OF  THIS TITLE, A PERSON AT RISK OR THE PARENT OR LEGAL GUARDIAN
OF A PERSON AT RISK OR OTHER  INTERESTED  PERSONS  MAY  SEEK  INJUNCTIVE
RELIEF  FROM  A COURT OF COMPETENT JURISDICTION AGAINST THE OWNER OF THE
AFFECTED PROPERTY IN THE FORM OF A COURT ORDER TO COMPEL COMPLIANCE.
  2. A COURT SHALL NOT GRANT THE INJUNCTIVE RELIEF REQUESTED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, UNLESS, AT LEAST THIRTY DAYS  PRIOR  TO
THE FILING REQUESTING THE INJUNCTION, THE OWNER OF THE AFFECTED PROPERTY
HAS  RECEIVED  WRITTEN NOTICE OF THE VIOLATION OF STANDARDS CONTAINED IN
SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THIS TITLE  AND  HAS  FAILED  TO
BRING  THE  AFFECTED PROPERTY INTO COMPLIANCE WITH THE APPLICABLE STAND-
ARDS. THIS NOTICE TO THE OWNER OF THE  AFFECTED  PROPERTY  IS  SATISFIED
WHEN ANY OF THE FOLLOWING HAS OCCURRED:
  (A)  A  PERSON AT RISK, HIS OR HER PARENT OR LEGAL GUARDIAN, OR ATTOR-
NEY, HAS NOTIFIED THE OWNER OF AN AFFECTED PROPERTY  THAT  THE  PROPERTY
FAILS TO MEET THE REQUIREMENTS FOR EITHER LEAD-CONTAINED PROPERTY STATUS
OR LEAD-STABILIZED PROPERTY STATUS;
  (B) THE DEPUTY COMMISSIONER, THE COMMISSIONER OF HOUSING AND COMMUNITY
RENEWAL,  OR THE DESIGNEE OF EITHER OF THESE SUCH OFFICIALS, A MUNICIPAL
OR OTHER LOCAL AUTHORITY WITH RESPONSIBILITY  FOR  ENFORCING  ANY  LOCAL
HOUSING  CODE OR CODES, OR A LOCAL OR MUNICIPAL DEPARTMENT OF HEALTH HAS
NOTIFIED THE OWNER  OF  THE  AFFECTED  PROPERTY  OF  VIOLATIONS  OF  THE
PROVISIONS OF THIS TITLE OCCURRING WITHIN AN AFFECTED PROPERTY OR OF THE
FAILURE TO REGISTER AND FILE REPORTS AS REQUIRED BY THIS TITLE; OR

S. 1568                            22

  (C) A CRIMINAL OR CIVIL ACTION PURSUANT TO THIS TITLE HAS BEEN BROUGHT
BY EITHER STATE OR LOCAL ENFORCEMENT OFFICIALS TO ENFORCE THIS TITLE.
  3. THE NOTICE REQUIREMENT OF SUBDIVISION TWO OF THIS SECTION SHALL NOT
APPLY WITH RESPECT TO APPLICATIONS FOR PRELIMINARY INJUNCTIVE RELIEF.
  4.  A  PERSON  WHO  PREVAILS IN AN ACTION TO ENFORCE THE PROVISIONS OF
THIS TITLE IS ENTITLED TO AN AWARD OF THE COSTS OF THE LITIGATION AND TO
AN AWARD OF REASONABLE ATTORNEYS' FEES IN AN AMOUNT TO BE FIXED  BY  THE
COURT.
  5.  CASES BROUGHT BEFORE THE COURT UNDER THIS SECTION SHALL BE GRANTED
AN ACCELERATED HEARING.
  6. THE LEGAL REMEDIES CREATED UNDER THIS SECTION SHALL BE IN  ADDITION
TO  ANY  OTHER COMMON LAW OR STATUTORY REMEDIES, WHICH MAY BE PURSUED IN
THE SAME OR SEPARATE ACTION OR PROCEEDING.
  S 1379-A. RETALIATORY  EVICTIONS  PROHIBITED.    1.  AN  OWNER  OF  AN
AFFECTED  PROPERTY  MAY  NOT  EVICT OR TAKE ANY OTHER RETALIATORY ACTION
AGAINST A PERSON AT RISK OR HIS OR  HER  PARENT  OR  LEGAL  GUARDIAN  IN
RESPONSE  TO  THE  ACTIONS  OF  THE PERSON AT RISK, HIS OR HER PARENT OR
LEGAL GUARDIAN IN:
  (A) PROVIDING INFORMATION TO THE OWNER OF THE AFFECTED  PROPERTY,  THE
DEPUTY  COMMISSIONER, THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL,
OR THE DESIGNEE OF EITHER OF  THESE  OFFICIALS,  A  LOCAL  OR  MUNICIPAL
DEPARTMENT  OF  HEALTH,  OR  A  MUNICIPAL  OR OTHER LOCAL AUTHORITY WITH
RESPONSIBILITY FOR ENFORCING ANY LOCAL HOUSING CODE OR CODES  CONCERNING
LEAD-BASED  PAINT  HAZARDS WITHIN AN AFFECTED PROPERTY OR ELEVATED BLOOD
LEAD LEVELS OF A PERSON AT RISK; OR
  (B) ENFORCING ANY OF HIS OR HER RIGHTS UNDER THIS TITLE.
  2. FOR PURPOSES OF THIS SECTION, A RETALIATORY ACTION INCLUDES ANY  OF
THE  FOLLOWING  ACTIONS IN WHICH THE ACTIVITIES PROTECTED UNDER SUBDIVI-
SION ONE OF THIS SECTION  ARE  A  MATERIAL  FACTOR  IN  MOTIVATING  SAID
ACTION:
  (A) A REFUSAL TO RENEW A LEASE;
  (B) TERMINATION OF A TENANCY;
  (C)  AN  ARBITRARY  RENT INCREASE OR DECREASE IN SERVICES TO WHICH THE
PERSON AT RISK OR HIS OR HER PARENT OR LEGAL GUARDIAN IS ENTITLED; OR
  (D) ANY FORM OF CONSTRUCTIVE EVICTION.
  3. A PERSON AT RISK OR HIS OR HER PARENT OR LEGAL GUARDIAN SUBJECT  TO
AN  EVICTION OR RETALIATORY ACTION UNDER THIS SECTION IS ENTITLED TO THE
RELIEF AS MAY BE PROVIDED BY STATUTE AND/OR ANY  FURTHER  RELIEF  DEEMED
JUST  AND  EQUITABLE BY THE COURT, AND IS ELIGIBLE FOR REASONABLE ATTOR-
NEYS' FEES AND COSTS.
  S 8. The real property law is amended by adding two new sections 236-a
and 242-a to read as follows:
  S 236-A. DISCRIMINATION AGAINST PERSONS AND FAMILIES RECEIVING  PUBLIC
ASSISTANCE OR GOVERNMENTAL HOUSING SUBSIDIES PROHIBITED.  1. ANY PERSON,
FIRM  OR  CORPORATION  OWNING  OR  HAVING IN CHARGE ANY APARTMENT HOUSE,
TENEMENT HOUSE OR OTHER BUILDING OR  MANUFACTURED  HOME  PARK  USED  FOR
DWELLING  PURPOSES  WHO  SHALL  REFUSE  TO  RENT ANY OR PART OF ANY SUCH
BUILDING OR MANUFACTURED HOME PARK TO  ANY  PERSON  OR  FAMILY,  OR  WHO
DISCRIMINATES  IN  THE  TERMS,  CONDITIONS,  OR  PRIVILEGES  OF ANY SUCH
RENTAL, ON THE GROUND THAT SUCH PERSON OR FAMILY RECEIVES PUBLIC ASSIST-
ANCE OR ANY OTHER GOVERNMENT SUBSIDY FOR PAYMENT OF RENT SHALL BE GUILTY
OF A MISDEMEANOR AND ON CONVICTION THEREOF SHALL BE PUNISHED BY  A  FINE
OF  NOT  LESS  THAN  FIVE HUNDRED NOR MORE THAN ONE THOUSAND DOLLARS FOR
EACH OFFENSE.
  2.  (A) WHERE DISCRIMINATORY CONDUCT PROHIBITED BY  THIS  SECTION  HAS
OCCURRED,  AN  AGGRIEVED  INDIVIDUAL SHALL HAVE A CAUSE OF ACTION IN ANY

S. 1568                            23

COURT OF COMPETENT JURISDICTION FOR DAMAGES, DECLARATORY AND  INJUNCTIVE
RELIEF.
  (B)  IN  ALL ACTIONS BROUGHT UNDER THIS SECTION, THE COURT SHALL ALLOW
THE PREVAILING PLAINTIFF REASONABLE ATTORNEY'S FEES AND, UPON A  FINDING
THAT  DEFENDANT'S  DISCRIMINATORY  CONDUCT  WAS  WILLFUL,  AN ADDITIONAL
AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWO THOUSAND FIVE HUNDRED  DOLLARS
SHALL BE AWARDED.
  S  242-A. INSPECTION OF RESIDENTIAL REAL PROPERTY FOR LEAD-BASED PAINT
PRIOR TO TRANSFER.  1. (A) EFFECTIVE JANUARY FIRST, TWO  THOUSAND  FOUR-
TEEN, THE TRANSFEROR OR GRANTOR OF ANY RESIDENTIAL REAL PROPERTY ERECTED
PRIOR  TO  THE  YEAR NINETEEN HUNDRED SEVENTY, OR IN CITIES WITH A POPU-
LATION OF ONE MILLION OR MORE A DWELLING ERECTED PRIOR TO THE YEAR NINE-
TEEN HUNDRED SIXTY, SHALL PROVIDE TO THE TRANSFEREE OR GRANTEE A CERTIF-
ICATE THAT SUCH PROPERTY HAS BEEN TESTED FOR THE PRESENCE OF  LEAD-BASED
PAINT,  AS DEFINED IN SUBDIVISION TWENTY-SIX OF SECTION THIRTEEN HUNDRED
SEVENTY OF THE PUBLIC HEALTH LAW, AND A REPORT OF SUCH  TEST  INDICATING
THE  LOCATIONS  WHERE  LEAD-BASED  PAINT HAS BEEN DETECTED, IF ANY. SUCH
TESTING SHALL NOT BE VALID  UNLESS  PERFORMED  BY  A  PERSON  ACCREDITED
PURSUANT  TO  SECTION THIRTEEN HUNDRED SEVENTY-FIVE OF THE PUBLIC HEALTH
LAW. A COPY OF SUCH CERTIFICATE SHALL BE FILED WITH  THE  DEPARTMENT  OF
HEALTH.
  (B) THE PRESENTATION OF A CERTIFICATE OF SUCH TESTING BY A PRIOR OWNER
OF SAID PROPERTY AND EVIDENCE OF FILING SUCH CERTIFICATE AND REPORT WITH
THE  DEPARTMENT  OF  HEALTH SHALL BE DEEMED TO BE IN COMPLIANCE WITH THE
PROVISIONS OF THIS SUBDIVISION.
  (C) IN THE EVENT THE TRANSFEROR OR GRANTOR HAS  NOT  RECEIVED  FROM  A
PRIOR  OWNER  A  CERTIFICATION  AND REPORT OF SUCH TESTS AS SET FORTH IN
THIS SUBDIVISION, THE COSTS OF TESTING  FOR  LEAD-BASED  PAINT  AND  THE
PREPARATION  OF  A  CERTIFICATE  AND  REPORT THEREOF AS PROVIDED IN THIS
SUBDIVISION SHALL BE DEDUCTIBLE BY THE TRANSFEROR OR GRANTOR, UP TO  THE
AMOUNT  OF  FIVE  HUNDRED  DOLLARS,  OR IN A BUILDING WITH MORE THAN ONE
DWELLING UNIT UP TO FOUR HUNDRED DOLLARS PER DWELLING UNIT TESTED,  FROM
THE  TAXES IMPOSED BY SECTIONS FOURTEEN HUNDRED TWO AND FOURTEEN HUNDRED
TWO-A OF THE TAX LAW.
  2. ANY PROVISION IN A PURCHASE OFFER, CONTRACT OF SALE,  LEASE,  OFFER
TO  LEASE,  OR ANY OTHER DOCUMENT RELATED TO THE TRANSFER OF AN INTEREST
IN REAL PROPERTY THAT PURPORTS TO WAIVE ANY RIGHT CREATED UNDER STATE OR
FEDERAL LAW FOR THE PURCHASER, TENANT, OR TRANSFEREE TO CONDUCT  A  RISK
ASSESSMENT  OR  INSPECTION  OF THE PROPERTY TO DETERMINE THE PRESENCE OF
LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS, OR ANY ORAL  AGREEMENT
THAT  PURPORTS  TO  WAIVE SUCH RIGHT, IS NULL AND VOID AS AGAINST PUBLIC
POLICY, NOTWITHSTANDING THAT SUCH WAIVERS MIGHT OTHERWISE  BE  PERMITTED
BY FEDERAL LAW.
  S 9. Section 210 of the tax law is amended by adding a new subdivision
46 to read as follows:
  46.  LEAD  HAZARD  REDUCTION TAX CREDIT. (A) TAX CREDIT FOR ACTIVITIES
RESULTING IN LEAD-FREE OR LEAD-CONTAINED STATUS.  A  TAXPAYER  SHALL  BE
ALLOWED  A  CREDIT  AGAINST  TAX  IMPOSED BY THIS ARTICLE FOR ACTIVITIES
NECESSARY TO BRING ANY AFFECTED PROPERTY  INTO  LEAD-FREE  OR  LEAD-CON-
TAINED  STATUS  WITHIN  THE MEANING OF SECTIONS THIRTEEN HUNDRED SEVENTY
AND THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW, PROVIDED THAT
THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS  OF  PARAGRAPH
(D) OF THIS SUBDIVISION.
  (B)  TAX  CREDIT  FOR  MULTIPLE  DWELLING UNITS LOCATED WITHIN MUNICI-
PALITIES OF MORE THAN ONE MILLION INHABITANTS. A TAXPAYER ALSO SHALL  BE
ELIGIBLE FOR THE TAX CREDIT UNDER PARAGRAPH (A) OF THIS SUBDIVISION IF A

S. 1568                            24

DWELLING  UNIT THAT SATISFIES ALL THE REQUIREMENTS FOR AN AFFECTED PROP-
ERTY CONTAINED IN SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED SEVENTY OF
THE PUBLIC HEALTH LAW BUT SUCH DWELLING UNIT IS LOCATED IN A CITY WITH A
POPULATION  OF  ONE  MILLION  OR  MORE.  IN SUCH CASE, THE TAXPAYER MUST
COMPLY WITH EQUIVALENT STANDARDS IN LOCAL LAWS CONCERNING  LEAD  HAZARDS
THAT APPLY TO MULTIPLE DWELLINGS.
  (C) TAX CREDITS FOR CERTAIN RENOVATIONS AS PART OF ACHIEVING LEAD-STA-
BILIZED STATUS. A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST TAX IMPOSED
BY  THIS  ARTICLE FOR THE COSTS OF CERTAIN ACTIVITIES NECESSARY TO BRING
ANY AFFECTED PROPERTY INTO LEAD-STABILIZED STATUS WITHIN THE MEANING  OF
SECTION  THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW, PROVIDED
THAT THE EXPECTED USEFUL LIFE OF SUCH RENOVATIONS IS TEN YEARS  OR  MORE
AND  THE  TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF PARA-
GRAPH (D) OF THIS SUBDIVISION. THE DEPUTY COMMISSIONER OF  HEALTH  SHALL
PROMULGATE  REGULATIONS  DEFINING  THOSE ACTIVITIES NECESSARY TO ACHIEVE
LEAD-STABILIZED STATUS WITH AN EXPECTED USEFUL LIFE  OF  MORE  THAN  TEN
YEARS.  TAXPAYERS  WHO  HAVE COMPLETED RENOVATIONS OF HABITABLE DWELLING
UNITS CONTAINED IN MULTIPLE DWELLINGS, AS DEFINED IN SECTION FOUR OF THE
MULTIPLE DWELLING LAW IN A CITY OF MORE THAN ONE MILLION POPULATION ALSO
SHALL BE ALLOWED A CREDIT  UNDER  THIS  SUBDIVISION  PROVIDED  THAT  THE
TAXPAYER  COMPLIES  WITH SIMILAR STANDARDS IN LOCAL LAWS CONCERNING LEAD
HAZARDS THAT APPLY TO MULTIPLE DWELLINGS.
  (D) DOCUMENTATION REQUIRED FOR CREDIT ALLOWANCE.  NO CREDIT  SHALL  BE
ALLOWED  UNDER PARAGRAPH (A), (B), OR (C) OF THIS SUBDIVISION UNLESS THE
TAXPAYER PROVIDES DOCUMENTATION TO THE  DEPUTY  COMMISSIONER  OF  HEALTH
THAT:
  (1) THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN PERFORMED BY A CONTRACTOR
ACCREDITED  PURSUANT  TO  SECTION  THIRTEEN  HUNDRED SEVENTY-FIVE OF THE
PUBLIC HEALTH LAW;
  (2) THE AFFECTED PROPERTY WAS CONSTRUCTED PRIOR  TO  NINETEEN  HUNDRED
SEVENTY;
  (3) THE TAXPAYER HAS PAID FOR THE ACTIVITIES DESCRIBED ABOVE; AND
  (4)  INCLUDES A WRITTEN CERTIFICATION OBTAINED BY THE TAXPAYER FROM AN
INSPECTOR, ACCREDITED PURSUANT TO SECTION THIRTEEN HUNDRED  SEVENTY-FIVE
OF  THE PUBLIC HEALTH LAW, THAT THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN
COMPLETED IN  ACCORDANCE  WITH  ALL  APPLICABLE  REQUIREMENTS  AND  THAT
EITHER:
  (A)  WHERE  APPLICABLE, THE AFFECTED PROPERTY OR PROPERTY UNIT CAN NOW
BE CERTIFIED AS EITHER LEAD-FREE OR LEAD-CONTAINED UNDER  SECTION  THIR-
TEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW; OR
  (B)  WHERE APPLICABLE, THE AFFECTED PROPERTY HAS UNDERGONE RENOVATIONS
THAT SATISFY THE REQUIREMENTS ESTABLISHED BY REGULATION  BY  THE  DEPUTY
COMMISSIONER  OF  HEALTH  AS ACTIVITIES NECESSARY TO ACHIEVE LEAD-STABI-
LIZED STATUS WITH AN EXPECTED USEFUL LIFE OF MORE THAN TEN YEARS.
  (E) AMOUNT OF CREDIT.  THE TAX CREDIT SHALL BE  EQUAL  TO  THE  AMOUNT
ACTUALLY  PAID  FOR THE ACTIVITIES DESCRIBED IN THIS SUBDIVISION UP TO A
MAXIMUM OF THREE THOUSAND DOLLARS PER AFFECTED  PROPERTY  FOR  A  CREDIT
ALLOWED UNDER EITHER PARAGRAPH (A) OR (B) OF THIS SUBDIVISION OR A MAXI-
MUM  OF  ONE  THOUSAND  FIVE  HUNDRED DOLLARS FOR A CREDIT ALLOWED UNDER
PARAGRAPH (C) OF THIS SUBDIVISION.
  (F) CARRY-OVER OF CREDIT.  ANY AMOUNT OF TAX CREDIT NOT  USED  IN  THE
TAXABLE  YEAR OF CERTIFICATION MAY BE CARRIED FORWARD AND APPLIED TO THE
CORPORATION'S TAX LIABILITY FOR ANY ONE OR MORE OF THE  SUCCEEDING  FIVE
TAXABLE  YEARS.    THE CREDIT MAY NOT BE APPLIED UNTIL ALL OTHER CREDITS
AVAILABLE TO THE TAXPAYER FOR THAT TAXABLE YEAR HAVE BEEN APPLIED.

S. 1568                            25

  S 10. Section 606 of the tax law is amended by adding a new subsection
(vv) to read as follows:
  (VV)  LEAD-HAZARD  REDUCTION  IN  HOUSING TAX CREDIT. (1) ALLOWANCE OF
CREDIT FOR ACTIVITIES RESULTING IN LEAD-FREE OR LEAD-CONTAINED STATUS. A
TAXPAYER SHALL BE ALLOWED A CREDIT AS PROVIDED IN  THIS  SUBSECTION  FOR
ACTIVITIES  NECESSARY  TO  BRING ANY AFFECTED PROPERTY INTO LEAD-FREE OR
LEAD-CONTAINED STATUS WITHIN THE MEANING OF  SECTIONS  THIRTEEN  HUNDRED
SEVENTY  AND  THIRTEEN  HUNDRED  SEVENTY-SIX  OF  THE PUBLIC HEALTH LAW,
PROVIDED THAT THE TAXPAYER COMPLIES WITH THE DOCUMENTATION  REQUIREMENTS
OF PARAGRAPH FOUR OF THIS SUBSECTION.
  (2)  TAX  CREDIT  FOR  MULTIPLE  DWELLING UNITS LOCATED WITHIN MUNICI-
PALITIES OF MORE THAN ONE MILLION INHABITANTS. A TAXPAYER ALSO SHALL  BE
ELIGIBLE  FOR THE TAX CREDIT UNDER PARAGRAPH ONE OF THIS SUBSECTION IF A
DWELLING UNIT THAT SATISFIES ALL THE REQUIREMENTS FOR AN AFFECTED  PROP-
ERTY CONTAINED IN SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED SEVENTY OF
THE PUBLIC HEALTH LAW BUT SUCH DWELLING UNIT IS LOCATED IN A CITY WITH A
POPULATION  OF  ONE  MILLION  OR  MORE.  IN SUCH CASE, THE TAXPAYER MUST
COMPLY WITH EQUIVALENT STANDARDS IN LOCAL LAWS CONCERNING  LEAD  HAZARDS
THAT APPLY TO MULTIPLE DWELLINGS.
  (3) TAX CREDITS FOR CERTAIN RENOVATIONS AS PART OF ACHIEVING LEAD-STA-
BILIZED STATUS. A TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST TAX IMPOSED
BY  THIS  ARTICLE FOR THE COSTS OF CERTAIN ACTIVITIES NECESSARY TO BRING
ANY AFFECTED PROPERTY INTO LEAD-STABILIZED STATUS WITHIN THE MEANING  OF
SECTION  THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW, PROVIDED
THAT THE EXPECTED USEFUL LIFE OF SUCH RENOVATIONS IS TEN YEARS  OR  MORE
AND  THE  TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF PARA-
GRAPH FOUR OF THIS SUBSECTION. THE DEPUTY COMMISSIONER OF  HEALTH  SHALL
PROMULGATE  REGULATIONS  DEFINING  THOSE ACTIVITIES NECESSARY TO ACHIEVE
LEAD-STABILIZED STATUS WITH AN EXPECTED USEFUL LIFE  OF  MORE  THAN  TEN
YEARS.  TAXPAYERS  WHO  HAVE COMPLETED RENOVATIONS OF HABITABLE DWELLING
UNITS CONTAINED IN MULTIPLE DWELLINGS, AS DEFINED IN SECTION FOUR OF THE
MULTIPLE DWELLING LAW IN A CITY OF MORE THAN ONE MILLION POPULATION ALSO
SHALL BE ALLOWED A CREDIT UNDER THIS PARAGRAPH PROVIDED THAT THE TAXPAY-
ER COMPLIES WITH SIMILAR STANDARDS IN LOCAL LAWS CONCERNING LEAD HAZARDS
THAT APPLY TO MULTIPLE DWELLINGS.
  (4) DOCUMENTATION REQUIRED FOR CREDIT ALLOWANCE. NO  CREDIT  SHALL  BE
ALLOWED  UNDER PARAGRAPH ONE, TWO OR THREE OF THIS SUBSECTION UNLESS THE
TAXPAYER PROVIDES DOCUMENTATION TO THE  DEPUTY  COMMISSIONER  OF  HEALTH
THAT:
  (A) THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN PERFORMED BY A CONTRACTOR
ACCREDITED  PURSUANT  TO  SECTION  THIRTEEN  HUNDRED SEVENTY-FIVE OF THE
PUBLIC HEALTH LAW;
  (B) THE AFFECTED PROPERTY WAS CONSTRUCTED PRIOR  TO  NINETEEN  HUNDRED
SEVENTY;
  (C) THE TAXPAYER HAS PAID FOR THE ACTIVITIES DESCRIBED ABOVE; AND
  (D)  INCLUDES A WRITTEN CERTIFICATION OBTAINED BY THE TAXPAYER FROM AN
INSPECTOR, ACCREDITED PURSUANT TO SECTION THIRTEEN HUNDRED  SEVENTY-FIVE
OF  THE PUBLIC HEALTH LAW, THAT THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN
COMPLETED IN  ACCORDANCE  WITH  ALL  APPLICABLE  REQUIREMENTS  AND  THAT
EITHER:
  (I)  WHERE  APPLICABLE,  THE AFFECTED PROPERTY CAN NOW BE CERTIFIED AS
EITHER LEAD-FREE OR LEAD-CONTAINED UNDER SECTION THIRTEEN HUNDRED SEVEN-
TY-SIX OF THE PUBLIC HEALTH LAW; OR
  (II) WHERE APPLICABLE, THE AFFECTED PROPERTY HAS UNDERGONE RENOVATIONS
THAT SATISFY THE REQUIREMENTS ESTABLISHED BY REGULATION  BY  THE  DEPUTY

S. 1568                            26

COMMISSIONER  OF  HEALTH  AS ACTIVITIES NECESSARY TO ACHIEVE LEAD-STABI-
LIZED STATUS WITH AN EXPECTED USEFUL LIFE OF MORE THAN TEN YEARS.
  (5)  THE  TAX CREDIT PURSUANT TO THIS SUBSECTION SHALL BE AVAILABLE TO
SOMEONE WHO OWNS AND OCCUPIES HIS OR HER OWN DWELLING UNIT IN  THE  SAME
MANNER  AND  TO  THE  SAME  EXTENT AS IT IS AVAILABLE TO THE OWNER OF AN
AFFECTED PROPERTY WHO LEASES THE PREMISES.
  (6) AMOUNT OF CREDIT. THE TAX CREDIT SHALL  BE  EQUAL  TO  THE  AMOUNT
ACTUALLY  PAID  FOR  THE ACTIVITIES DESCRIBED IN THIS SUBSECTION UP TO A
MAXIMUM OF THREE THOUSAND DOLLARS PER AFFECTED  PROPERTY  FOR  A  CREDIT
ALLOWED  UNDER EITHER PARAGRAPH ONE OR TWO OF THIS SUBSECTION OR A MAXI-
MUM OF ONE THOUSAND FIVE HUNDRED DOLLARS  FOR  A  CREDIT  ALLOWED  UNDER
PARAGRAPH THREE OF THIS SUBSECTION.
  (7)  APPLICATION  OF  CREDIT. ANY AMOUNT OF TAX CREDIT NOT USED IN THE
TAXABLE YEAR OF CERTIFICATION MAY BE CARRIED FORWARD AND APPLIED TO  THE
INDIVIDUAL'S  TAX  LIABILITY  FOR ANY ONE OR MORE OF THE SUCCEEDING FIVE
TAXABLE YEARS. THE CREDIT MAY NOT BE APPLIED  UNTIL  ALL  OTHER  CREDITS
AVAILABLE TO THE TAXPAYER FOR THAT TAXABLE YEAR HAVE BEEN APPLIED.
  S 11. The state finance law is amended by adding a new section 99-u to
read as follows:
  S 99-U. RESIDENTIAL PROPERTY LEAD-BASED PAINT HAZARD ABATEMENT REVOLV-
ING  LOAN  FUND.    1.  THERE  IS CREATED, AS A SEPARATE FUND WITHIN THE
GENERAL FUND, A FUND TO BE KNOWN AS THE RESIDENTIAL PROPERTY  LEAD-BASED
PAINT  HAZARD  ABATEMENT REVOLVING LOAN FUND. SUCH FUND SHALL CONSIST OF
PROCEEDS RECEIVED FROM THE SALE OF BONDS PURSUANT TO SUBDIVISION TWO  OF
THIS  SECTION,  AND  ANY  SUMS THAT THE STATE MAY FROM TIME TO TIME DEEM
APPROPRIATE, AS WELL AS DONATIONS, GIFTS, BEQUESTS,  OR  OTHERWISE  FROM
ANY  PUBLIC  OR PRIVATE SOURCE, WHICH MONEY IS INTENDED TO ASSIST OWNERS
OF RESIDENTIAL PROPERTIES IN MEETING THE STANDARDS FOR EITHER  LEAD-FREE
OR  LEAD-CONTAINED  CERTIFICATION  PURSUANT  TO SECTION THIRTEEN HUNDRED
SEVENTY-SIX OF THE PUBLIC HEALTH LAW,  OR,  FOR  MULTIPLE  DWELLINGS  IN
CITIES  OF  ONE  MILLION  POPULATION OR MORE, COMPLIANCE WITH LOCAL LAWS
CONCERNING THE CONTROL OF LEAD-BASED  PAINT  HAZARDS  IN  SUCH  MULTIPLE
DWELLINGS.
  2.  THE STATE SHALL ISSUE BONDS IN AN AMOUNT SPECIFIED FOR THE PURPOSE
OF FUNDING THE RESIDENTIAL PROPERTY LEAD ABATEMENT REVOLVING LOAN FUND.
  (A) ANY BONDS ISSUED OR TO BE  ISSUED  PURSUANT  TO  THIS  SUBDIVISION
SHALL  BE  SUBJECT TO ALL THE REQUIREMENTS AND CONDITIONS ESTABLISHED BY
THE STATE FOR THE SALE OF BONDS.
  (B) THE INTEREST RATE AND OTHER TERMS  UPON  WHICH  BONDS  ARE  ISSUED
PURSUANT  TO  THIS SUBDIVISION SHALL NOT CREATE A PROSPECTIVE OBLIGATION
OF THE STATE OF NEW YORK IN EXCESS OF THE AMOUNT OF  REVENUES  THAT  CAN
REASONABLY BE EXPECTED FROM THE LOAN REPAYMENTS, INTEREST ON SUCH LOANS,
AND  FEES  THAT  THE  STATE  OF NEW YORK CAN REASONABLY EXPECT TO CHARGE
UNDER THE PROVISIONS OF TITLE TEN OF  ARTICLE  THIRTEEN  OF  THE  PUBLIC
HEALTH LAW.
  (C)  ALL MONEY RECEIVED FROM THE SALE OF BONDS SHALL BE DEPOSITED INTO
THE RESIDENTIAL PROPERTY LEAD ABATEMENT REVOLVING LOAN FUND.
  3. THE COMPTROLLER SHALL CONTRACT FOR THE ADMINISTRATION AND DISBURSE-
MENT OF FUNDING. THE DEPUTY COMMISSIONER OF HEALTH SHALL ADOPT RULES AND
REGULATIONS WHICH PROVIDE FOR THE ORDERLY AND EQUITABLE DISBURSEMENT AND
REPAYMENT OF FUNDS.
  4. FUNDS PLACED IN THE RESIDENTIAL PROPERTY  LEAD-BASED  PAINT  HAZARD
ABATEMENT REVOLVING LOAN FUND SHALL BE MADE AVAILABLE, AT THE DISCRETION
OF  THE DEPUTY COMMISSIONER OF HEALTH, TO THE OWNERS OF AFFECTED PROPER-
TIES INCLUDING THOSE LOCATED WITHIN  MUNICIPALITIES  OF  MORE  THAN  ONE
MILLION  INHABITANTS, AND TO NON-PROFIT ORGANIZATIONS FOR THE PURPOSE OF

S. 1568                            27

BRINGING AFFECTED PROPERTIES INTO  COMPLIANCE  WITH  THE  STANDARDS  FOR
LEAD-FREE,  LEAD-CONTAINED, OR LEAD-STABILIZED PROPERTY STATUS AS SPECI-
FIED BY SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC  HEALTH  LAW,
OR, FOR MULTIPLE DWELLINGS IN CITIES WITH A POPULATION OF ONE MILLION OR
MORE,  COMPLIANCE  WITH  LOCAL LAWS CONCERNING THE CONTROL OF LEAD-BASED
PAINT HAZARDS IN SUCH MULTIPLE DWELLINGS. AN  OWNER  OF  A  PRE-NINETEEN
HUNDRED  SEVENTY  PROPERTY WHO OWNS AND OCCUPIES THE DWELLING UNIT SHALL
BE ELIGIBLE FOR LOANS UNDER THIS SECTION IN THE SAME MANNER, AND TO  THE
SAME EXTENT, AS AN OWNER OF AN AFFECTED PROPERTY.
  5.  LOANS  MADE  AVAILABLE UNDER THE PROVISIONS OF THIS SECTION MAY BE
MADE DIRECTLY, OR IN COOPERATION WITH OTHER PUBLIC AND PRIVATE  LENDERS,
OR  ANY  AGENCY,  DEPARTMENT, OR BUREAU OF THE FEDERAL GOVERNMENT OR THE
STATE.
  6. THE PROCEEDS FROM THE REPAYMENT OF ANY LOANS MADE FOR THAT  PURPOSE
SHALL  BE  DEPOSITED  IN  AND  RETURNED TO THE RESIDENTIAL PROPERTY LEAD
ABATEMENT REVOLVING LOAN FUND TO CONSTITUTE A CONTINUING REVOLVING  FUND
FOR THE PURPOSES PROVIDED IN THIS SECTION.
  7. THE DEPUTY COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL TAKE
ANY  ACTION  NECESSARY  TO  OBTAIN  FEDERAL  ASSISTANCE  FOR LEAD HAZARD
REDUCTION TO BE USED IN CONJUNCTION WITH THE RESIDENTIAL  PROPERTY  LEAD
ABATEMENT REVOLVING LOAN FUND.
  S  12.  Paragraph  a of subdivision 2 of section 302-a of the multiple
dwelling law, as added by chapter 911 of the laws of 1965, is amended to
read as follows:
  a. A "rent impairing" violation within the  meaning  of  this  section
shall designate a condition in a multiple dwelling which, in the opinion
of  the  department,  constitutes,  or  if  not promptly corrected, will
constitute, a fire hazard, A LEAD-BASED PAINT HAZARD WITHIN THE  MEANING
OF  SUBDIVISION  TWENTY-SEVEN OF SECTION THIRTEEN HUNDRED SEVENTY OF THE
PUBLIC HEALTH LAW, or a serious threat to the life, health or safety  of
occupants thereof.
  S  13.  Paragraph  a of subdivision 2 of section 305-a of the multiple
residence law, as added by chapter 291 of the laws of 1966,  is  amended
to read as follows:
  a.  A  "rent  impairing"  violation within the meaning of this section
shall designate a condition in a multiple dwelling which, in the opinion
of the state building code council,  constitutes,  or  if  not  promptly
corrected,  will  constitute,  a  fire hazard, A LEAD-BASED PAINT HAZARD
WITHIN THE MEANING  OF  SUBDIVISION  TWENTY-SEVEN  OF  SECTION  THIRTEEN
HUNDRED  SEVENTY  OF  THE  PUBLIC HEALTH LAW, or a serious threat to the
life, health or safety of occupants thereof.
  S 14. The social services law is amended by adding a new section 131-y
to read as follows:
  S 131-Y. SUPPLEMENTAL SHELTER ALLOWANCE. EVERY PUBLIC WELFARE OFFICIAL
SHALL PAY, IN ADDITION TO THE SHELTER ALLOWANCE  COMPONENTS  ESTABLISHED
BY  THE  DEPARTMENT PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE-A OF THIS
TITLE, A SUPPLEMENTAL SHELTER ALLOWANCE FOR UNITS FOR  WHICH  THE  OWNER
HAS  SUBMITTED  DOCUMENTATION  CERTIFYING  THAT  THE DWELLING UNIT IS IN
COMPLIANCE WITH SUBDIVISION SEVEN OF SECTION ONE  HUNDRED  FORTY-THREE-B
OF THIS TITLE. THIS MONTHLY LEAD-SAFE HOUSING SUPPLEMENT SHALL BE IN THE
AMOUNT OF FIFTY DOLLARS FOR EFFICIENCY OR ONE-BEDROOM UNITS; ONE HUNDRED
DOLLARS  FOR TWO-BEDROOM UNITS; ONE HUNDRED FIFTY DOLLARS FOR THREE-BED-
ROOM UNITS; AND  TWO  HUNDRED  DOLLARS  FOR  UNITS  WITH  FOUR  OR  MORE
BEDROOMS;  OR  SUCH  HIGHER  AMOUNTS  AS THE DEPARTMENT MAY ESTABLISH BY
REGULATION AS APPROPRIATE TO INDUCE LANDLORDS IN  HIGH  RISK  LEAD-PAINT
POISONING  AREAS  TO  VOLUNTARILY  REMOVE  LEAD-PAINT HAZARDS FROM THEIR

S. 1568                            28

UNITS USING LEAD SAFE WORK PRACTICES. THIS SUPPLEMENTAL  SHELTER  ALLOW-
ANCE  FOR  LEAD-SAFE HOUSING SHALL BE PAID FOR A PERIOD OF TWELVE MONTHS
FOLLOWING THE SUBMISSION OF THE MOST RECENT CERTIFICATION OF  COMPLIANCE
AND  SHALL  BE  RENEWED  FOR  SUBSEQUENT  TWELVE  MONTH PERIODS UPON THE
SUBMISSION OF FURTHER  CERTIFICATIONS  OF  COMPLIANCE  BASED  UPON  MORE
RECENT INSPECTIONS.
  S  15.  Subdivision  2 of section 143-b of the social services law, as
added by chapter 997 of the laws of 1962, is amended and a new  subdivi-
sion 7 is added to read as follows:
  2.  Every  public welfare official shall have power to and [may] SHALL
withhold the payment of any such rent in any case where he has knowledge
that there exists or there  is  outstanding  any  violation  of  law  in
respect  to  the building containing the housing accommodations occupied
by the person entitled to such assistance which is dangerous,  hazardous
or  detrimental to life or health. A report of each such violation shall
be made to the appropriate public welfare department by the  appropriate
department or agency having jurisdiction over violations.
  7. NO STATE OR LOCAL AGENCY SHALL ARRANGE TO PLACE A FAMILY CONSISTING
OF  A  PERSON  OR  PERSONS  UNDER SEVEN YEARS OF AGE OR A KNOWN PREGNANT
WOMAN IN ANY DWELLING UNIT CONSTRUCTED PRIOR TO NINETEEN HUNDRED  SEVEN-
TY, OR, IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, ANY DWELLING
UNIT CONSTRUCTED PRIOR TO NINETEEN HUNDRED SIXTY, FOR WHICH RENT IS PAID
IN  ANY  PART  WITH STATE FUNDS UNLESS SUCH DWELLING UNIT HAS BEEN FIRST
INSPECTED BY A PERSON ACCREDITED PURSUANT TO  SECTION  THIRTEEN  HUNDRED
SEVENTY-FIVE  OF  THE  PUBLIC  HEALTH  LAW, AND DETERMINED TO BE FREE OF
LEAD-BASED HAZARDS, AS DEFINED BY SUBDIVISION  TWENTY-SEVEN  OF  SECTION
THIRTEEN HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW, AND UNLESS SUCH AGEN-
CY  HAS  FIRST  OBTAINED  APPROPRIATE  DOCUMENTATION  ACCEPTABLE  TO THE
COMMISSIONER THAT SUCH DWELLING UNIT IS IN COMPLIANCE WITH THE  REQUIRE-
MENTS  OF SECTION THIRTEEN HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW,
OR, FOR MULTIPLE DWELLINGS IN CITIES WITH A POPULATION OF ONE MILLION OR
MORE, IN COMPLIANCE WITH LOCAL LAWS CONCERNING THE CONTROL OF LEAD-BASED
PAINT HAZARDS IN SUCH MULTIPLE DWELLINGS.  A  WRITTEN  REPORT  SHALL  BE
PREPARED  OF  ANY  INSPECTION PERFORMED PURSUANT TO THIS SUBDIVISION AND
SHALL BE PROVIDED TO THE FAMILY.
  S 16. Section 390-a of the social services law is amended by adding  a
new subdivision 6 to read as follows:
  6.  NO  LICENSE  OR  REGISTRATION  SHALL BE ISSUED TO A CHILD DAY CARE
CENTER, A FAMILY DAY CARE HOME, OR A GROUP FAMILY DAY CARE HOME  AND  NO
SUCH  REGISTRATION  SHALL  BE  RENEWED UNTIL IT CAN BE DEMONSTRATED THAT
THOSE PORTIONS OF THE FACILITY IN WHICH  SUCH  CHILD  DAY  CARE  CENTER,
FAMILY DAY CARE HOME, OR GROUP FAMILY DAY CARE HOME IS LOCATED AND THOSE
PORTIONS  OF  SUCH  FACILITY  THAT ARE READILY ACCESSIBLE TO CHILDREN IN
SUCH CHILD DAY CARE CENTER, FAMILY DAY CARE HOME, OR  GROUP  FAMILY  DAY
CARE  HOME,  MEET THE STANDARDS FOR LEAD-FREE PROPERTY STATUS, LEAD-CON-
TAINED PROPERTY STATUS, OR LEAD-STABILIZED PROPERTY STATUS SET FORTH  IN
SECTION  THIRTEEN  HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW, OR, FOR
MULTIPLE DWELLINGS IN CITIES WITH A POPULATION OF ONE MILLION  OR  MORE,
WITH  ALL  LOCAL LAWS CONCERNING THE CONTROL OF LEAD-BASED PAINT HAZARDS
THAT APPLY TO MULTIPLE DWELLING UNITS WHERE CHILDREN RESIDE.
  S 17. The insurance law is amended by adding a  new  section  3455  to
read as follows:
  S  3455. INSURANCE COVERAGE FOR LEAD POISONING. (A) FOR THE PURPOSE OF
THIS SECTION, THE TERM "AFFECTED PROPERTY" SHALL MEAN A ROOM OR GROUP OF
ROOMS WITHIN A PROPERTY CONSTRUCTED BEFORE NINETEEN HUNDRED SEVENTY,  OR
CONSTRUCTED BEFORE NINETEEN HUNDRED SIXTY IN CITIES WITH A POPULATION OF

S. 1568                            29

ONE  MILLION  OR MORE, THAT FORM A SINGLE INDEPENDENT HABITABLE DWELLING
UNIT FOR OCCUPATION BY ONE OR MORE INDIVIDUALS THAT HAS  LIVING  FACILI-
TIES  WITH  PERMANENT  PROVISIONS FOR LIVING, SLEEPING, EATING, COOKING,
AND SANITATION. "AFFECTED PROPERTY" SHALL NOT INCLUDE:
  (1) AN AREA NOT USED FOR LIVING, SLEEPING, EATING, COOKING, OR SANITA-
TION,  SUCH AS AN UNFINISHED BASEMENT, THAT IS NOT READILY ACCESSIBLE TO
CHILDREN UNDER SEVEN YEARS OF AGE;
  (2) A UNIT WITHIN A HOTEL, MOTEL, OR  SIMILAR  SEASONAL  OR  TRANSIENT
FACILITY  UNLESS  SUCH  UNIT IS OCCUPIED BY ONE OR MORE  PERSONS AT RISK
FOR A PERIOD EXCEEDING THIRTY DAYS;
  (3) AN AREA WHICH IS SECURED AND INACCESSIBLE TO OCCUPANTS;
  (4) HOUSING FOR THE ELDERLY,  OR  A  RESIDENTIAL  PROPERTY  DESIGNATED
EXCLUSIVELY  FOR  PERSONS WITH DISABILITIES; EXCEPT THIS EXEMPTION SHALL
NOT APPLY IF A PERSON AT RISK RESIDES OR IS EXPECTED TO  RESIDE  IN  THE
DWELLING UNIT OR VISITS THE DWELLING UNIT ON A REGULAR BASIS; OR
  (5)  AN UNOCCUPIED DWELLING UNIT OR RESIDENTIAL PROPERTY THAT IS TO BE
DEMOLISHED, PROVIDED THE DWELLING UNIT OR PROPERTY WILL  REMAIN  UNOCCU-
PIED UNTIL DEMOLITION.
  FOR  THE  PURPOSE  OF THIS SECTION, THE TERM "AFFECTED PROPERTY" SHALL
NOT MEAN ANY PROPERTY OWNED OR OPERATED BY A UNIT OF FEDERAL, STATE,  OR
LOCAL GOVERNMENT, OR ANY PUBLIC, QUASI-PUBLIC, OR MUNICIPAL CORPORATION,
BUT  DOES  INCLUDE  PRIVATELY-OWNED PROPERTIES THAT RECEIVE GOVERNMENTAL
RENTAL ASSISTANCE.
  (B) AFTER  FOURTEEN  MONTHS  FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  NO  INSURER LICENSED OR PERMITTED BY THE DEPARTMENT TO PROVIDE
LIABILITY COVERAGE TO RENTAL PROPERTY OWNERS SHALL  EXCLUDE,  EXCEPT  AS
OTHERWISE PROVIDED BY THIS SECTION, AN AFFECTED PROPERTY COVERED UNDER A
POLICY  COVERAGE  FOR LOSSES OR DAMAGES CAUSED BY EXPOSURE TO LEAD-BASED
PAINT.  THE DEPARTMENT SHALL NOT PERMIT, AUTHORIZE OR APPROVE ANY EXCLU-
SION FOR INJURY OR DAMAGE RESULTING FROM EXPOSURE TO  LEAD-BASED  PAINT,
EXCEPT AS SPECIFICALLY PROVIDED FOR IN LAW, THAT WAS NOT IN EFFECT AS OF
THE  EFFECTIVE  DATE OF THIS SECTION, AND ALL PREVIOUSLY APPROVED EXCLU-
SIONS SHALL TERMINATE ON OR BEFORE FOURTEEN MONTHS FOLLOWING THE  EFFEC-
TIVE DATE OF THIS SECTION.
  (C)  ALL  INSURERS  ISSUING  LIABILITY  INSURANCE  POLICIES, INCLUDING
COMMERCIAL LINES INSURANCE POLICIES, PERSONAL LINES INSURANCE  POLICIES,
AND/OR  ANY  OTHER  POLICIES,  COVERING  AFFECTED PROPERTIES SHALL OFFER
COVERAGE FOR BODILY INJURY CAUSED BY EXPOSURE TO LEAD-BASED PAINT.
  (D) RATES FOR THE COVERAGE SPECIFIED IN SUBSECTION (C) OF THIS SECTION
SHALL BE APPROVED BY THE SUPERINTENDENT USING THE FOLLOWING STANDARDS:
  (1) SUCH RATES MUST NOT BE EXCESSIVE, INADEQUATE, OR UNFAIRLY  DISCRI-
MINATORY; AND
  (2) IN ESTABLISHING SUCH RATES, CONSIDERATION WILL BE GIVEN TO:
  (A) PAST AND PROSPECTIVE LOSS EXPERIENCE;
  (B) A REASONABLE MARGIN FOR PROFITS AND CONTINGENCIES;
  (C) PAST AND PROSPECTIVE EXPENSES;
  (D) SUCH OTHER DATA AS THE DEPARTMENT MAY DEEM NECESSARY;
  (E) THE PAST HISTORY OF THE OWNER WITH REGARD TO LEAD POISONING OR ANY
OTHER  LIABILITY OR VIOLATIONS OF ORDINANCES OR STATUTES RELATING TO THE
AFFECTED PROPERTY OR  SIMILAR  PROPERTIES  REASONABLY  BELIEVED  BY  THE
INSURER TO BE RELEVANT; AND
  (F)  COMPLIANCE  WITH  THE  REQUIREMENTS  OF  EITHER  SECTION THIRTEEN
HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW OR, FOR MULTIPLE  DWELLINGS
IN  CITIES WITH A POPULATION OF ONE MILLION OR MORE, WITH ALL LOCAL LAWS
CONCERNING THE CONTROL OF LEAD-BASED  PAINT  HAZARDS  IN  SUCH  MULTIPLE
DWELLINGS.

S. 1568                            30

  (E)  THE  DEPARTMENT  SHALL  DETERMINE  WITHIN TWO YEARS FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION THE AVAILABILITY IN THE STATE OF  LIABIL-
ITY  PERSONAL  INJURY/BODILY INJURY COVERAGE DESCRIBED IN SUBSECTION (B)
OF THIS SECTION, AND MAY IF SUCH COVERAGE IS  NOT  GENERALLY  AVAILABLE,
ESTABLISH  A MARKET ASSISTANCE PLAN OR TAKE OTHER MEASURES TO ASSURE THE
AVAILABILITY OF SUCH COVERAGE THAT OFFERS A LIABILITY LIMIT WHICH IS  AT
LEAST THREE HUNDRED THOUSAND DOLLARS OR SHALL REQUIRE THAT SUCH COVERAGE
BE MADE AVAILABLE THROUGH A JOINT UNDERWRITING PLAN.
  (F) AN OWNER MAY NOT ASSIGN LIABILITY NOR REQUIRE A TENANT TO LIMIT OR
WAIVE  LIABILITY  AND ANY SUCH LIMIT OR WAIVER SHALL BE VOID AS CONTRARY
TO THE PUBLIC POLICY OF NEW YORK STATE.
  (G) THE SUPERINTENDENT SHALL, WITHIN TWELVE MONTHS AFTER THE EFFECTIVE
DATE OF THIS SECTION:
  (1) ADOPT RULES FOR AND  ISSUE  AN  ADVISORY  BULLETIN  TO  ALL  STATE
LICENSED,  ADMITTED  INSURERS  PROVIDING LIABILITY COVERAGE FOR PROPERTY
OWNERS REGARDING THEIR RESPONSIBILITIES UNDER THIS SECTION; AND
  (2) ADOPT RULES FOR AND  ISSUE  AN  ADVISORY  BULLETIN  TO  ALL  STATE
LICENSED  INSURANCE  AGENTS AND BROKERS OUTLINING THE PROVISIONS OF THIS
SECTION AND THE NEW REQUIREMENTS FOR STATE LICENSED, ADMITTED INSURERS.
  S 18. This act shall take effect immediately.