S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10190
 
                           I N  A S S E M B L Y
 
                              March 22, 2018
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend the public health law, the real property law, the tax
   law, the state finance law, the social  services  law,  the  insurance
   law,  the  multiple  dwelling  law  and the multiple residence law, in
   relation to enacting the "childhood lead poisoning prevention and safe
   housing act of 2018"; 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 2018".
   §  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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08197-03-8

 A. 10190                            2
 
   (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-
 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;

 A. 10190                            3
 
   (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.
   §  3.  Section  1370  of  the  public health law is REPEALED and a new
 section 1370 is added to read as follows:
   § 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
 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.

 A. 10190                            4
 
   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.
   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-

 A. 10190                            5
 
 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
 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

 A. 10190                            6
 
 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
 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.

 A. 10190                            7
 
   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).
   §  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-
 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

 A. 10190                            8
 
 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
   (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-

 A. 10190                            9
 
 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.
   § 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
   (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.

 A. 10190                           10
 
   SUCH RECOMMENDATIONS SHALL BE SUBMITTED TO THE ADVISORY COUNCIL WITHIN
 SIX MONTHS AFTER THE CLOSE OF THE FISCAL YEAR  IN  WHICH  THE  CONDITION
 OCCURS.
   §  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.
   §  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:
   § 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
 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. 10190                           11
 
 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.
   § 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;
   (C) PRECAUTIONS TO PREVENT ENTRY INTO THE WORK AREA BY OCCUPANTS UNTIL
 CLEAN-UP IS COMPLETED AND FOR TEMPORARY RELOCATION PROVIDED BY THE OWNER

 A. 10190                           12
 
 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.
   §  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  TYPE  OF
 COMPONENT WITH A SMALL SURFACE AREA, SUCH AS A WINDOWSILL OR DOOR FRAME.

 A. 10190                           13
 
   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.
   § 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
 PAINT OF UNKNOWN LEAD CONTENT ON EXTERIOR AND INTERIOR PAINTED  SURFACES
 HAS  BEEN  REMOVED  AND  REPAINTED, OR STABILIZED AND REPAINTED, AND ANY

 A. 10190                           14

 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:
   (A)  ALL  INTERIOR  SURFACES  IN  THE  AFFECTED PROPERTY EITHER DO NOT
 CONTAIN LEAD-BASED PAINT OR HAVE BEEN PERMANENTLY ABATED; AND

 A. 10190                           15
 
   (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.
   §  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
 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

 A. 10190                           16
 
 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
 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-

 A. 10190                           17
 
 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
 LOCAL AGENCY EMPLOYEES WHO HAVE OCCASION TO OBSERVE  DETERIORATED  PAINT
 OR  ANY OTHER CONDITION BELIEVED TO BE CONDUCIVE TO LEAD POISONING AT AN

 A. 10190                           18
 
 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;
   (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;

 A. 10190                           19
 
   (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
 QUOTED IN SUBDIVISION EIGHT OF THIS SECTION, IN BOTH ENGLISH  AND  SPAN-
 ISH, AND IN PROMINENTLY DISPLAYED AND EASILY READABLE TYPE OR PRINTING.

 A. 10190                           20
 
   §  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.
   7.  NOTHING  CONTAINED  IN  THIS  TITLE SHALL BE CONSTRUED TO ALTER OR
 ABRIDGE ANY DUTIES AND POWERS NOW OR HEREAFTER EXISTING  IN  THE  DEPUTY

 A. 10190                           21
 
 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  THIS  SECTION,  SECTIONS
 THIRTEEN  HUNDRED  SEVENTY-FIVE  OR THIRTEEN HUNDRED SEVENTY-SIX 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.
   § 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
   (C) A CRIMINAL OR CIVIL ACTION PURSUANT TO THIS TITLE HAS BEEN BROUGHT
 BY EITHER STATE OR LOCAL ENFORCEMENT OFFICIALS TO ENFORCE THIS TITLE.

 A. 10190                           22
 
   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.
   § 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.
   § 8. The real property law is amended by adding two new sections 236-a
 and 242-a to read as follows:
   § 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
 COURT OF COMPETENT JURISDICTION FOR DAMAGES, DECLARATORY AND  INJUNCTIVE
 RELIEF.

 A. 10190                           23
 
   (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.
   §  242-A. INSPECTION OF RESIDENTIAL REAL PROPERTY FOR LEAD-BASED PAINT
 PRIOR TO TRANSFER.  1. (A) EFFECTIVE JANUARY FIRST, TWO  THOUSAND  NINE-
 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.
   §  9. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 53 to read as follows:
   53. 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
 DWELLING UNIT THAT SATISFIES ALL THE REQUIREMENTS FOR AN AFFECTED  PROP-
 ERTY CONTAINED IN SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED SEVENTY OF

 A. 10190                           24
 
 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.
   § 10. Section 606 of the tax law is amended by adding a new subsection
 (ccc) to read as follows:

 A. 10190                           25
 
   (CCC) 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
 COMMISSIONER OF HEALTH AS ACTIVITIES NECESSARY  TO  ACHIEVE  LEAD-STABI-
 LIZED STATUS WITH AN EXPECTED USEFUL LIFE OF MORE THAN TEN YEARS.

 A. 10190                           26
 
   (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.
   § 11. The state finance law is amended by adding a new  section  99-bb
 to read as follows:
   §  99-BB.  RESIDENTIAL  PROPERTY  LEAD-BASED  PAINT  HAZARD  ABATEMENT
 REVOLVING 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
 BRINGING AFFECTED PROPERTIES INTO  COMPLIANCE  WITH  THE  STANDARDS  FOR
 LEAD-FREE,  LEAD-CONTAINED, OR LEAD-STABILIZED PROPERTY STATUS AS SPECI-

 A. 10190                           27
 
 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.
   § 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.
   § 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.
   § 14. The social services law is amended by adding a new section 131-y
 to read as follows:
   § 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
 UNITS  USING  LEAD SAFE WORK PRACTICES. THIS SUPPLEMENTAL SHELTER ALLOW-
 ANCE FOR LEAD-SAFE HOUSING SHALL BE PAID FOR A PERIOD OF  TWELVE  MONTHS

 A. 10190                           28
 
 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.
   §  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.
   § 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.
   § 17. The insurance law is amended by adding a  new  section  3441  to
 read as follows:
   §  3441. 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
 ONE  MILLION  OR MORE, THAT FORM A SINGLE INDEPENDENT HABITABLE DWELLING
 UNIT FOR OCCUPATION BY ONE OR MORE INDIVIDUALS THAT HAS  LIVING  FACILI-

 A. 10190                           29
 
 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.
   (E)  THE  DEPARTMENT  SHALL  DETERMINE  WITHIN TWO YEARS FOLLOWING THE
 EFFECTIVE DATE OF THIS SECTION THE AVAILABILITY IN THE STATE OF  LIABIL-

 A. 10190                           30

 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.
   § 18. This act shall take effect immediately.