S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2142
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed  to be committed to the Committee on Housing, Construction and
   Community Development
 
 AN ACT to amend the public housing law, the public health law,  and  the
   real  property  law,  in relation to the remediation and prevention of
   indoor mold and requiring the disclosure of indoor mold  history  upon
   the  sale of certain real property; and to amend the real property law
   and the administrative code of the city of New York,  in  relation  to
   requiring  notice  of  indoor  mold  history to prospective lessees of
   apartments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public housing law is amended by adding a new section
 16-a to read as follows:
   § 16-A. POWERS AND DUTIES OF THE COMMISSIONER WITH RESPECT  TO  INDOOR
 MOLD.  1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MOLD" MEANS ANY FORM OF MULTICELLULAR FUNGI THAT LIVE ON PLANT OR
 ANIMAL MATTER AND IN INDOOR ENVIRONMENTS. TYPES OF MOLD INCLUDE, BUT ARE
 NOT LIMITED  TO,  CLADOSPORIUM,  PENICILLIUM,  ALTERNARIA,  ASPERGILLUS,
 FUSARIUM,  TRICHODERMA,  MEMNONIELLA, MUCOR, AND STACHYBOTRYS CHARTARUM,
 OFTEN FOUND IN WATER DAMAGED BUILDING MATERIALS.
   (B) "AFFECT" MEANS TO CAUSE A CONDITION BY THE PRESENCE OF MOLD IN THE
 DWELLING UNIT, BUILDING, APPURTENANT  STRUCTURE,  COMMON  WALL,  HEATING
 SYSTEM,  OR  VENTILATING  AND  AIR  CONDITIONING SYSTEM THAT AFFECTS THE
 INDOOR AIR QUALITY OF A DWELLING UNIT OR BUILDING.
   (C) "ACCEPTABLE EXPOSURE LIMIT" MEANS A LEVEL OF MOLD  THAT  WILL  NOT
 ADVERSELY  AFFECT  THE  HEALTH OF RESIDENTS OF PUBLIC HOUSING UNITS, AND
 DOES NOT POSE A SIGNIFICANT THREAT TO THE PUBLIC HEALTH.
   2. PROCEDURES FOR THE REMEDIATION AND PREVENTION  OF  MOLD  IN  PUBLIC
 HOUSING.  THE  COMMISSIONER  IS HEREBY DIRECTED AND AUTHORIZED TO CREATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05090-01-7

 S. 2142                             2
 
 PROCEDURES FOR THE REMEDIATION AND PREVENTION OF MOLD IN PUBLIC HOUSING.
 SUCH PROCEDURES SHALL INCLUDE:
   (A)  A  VISUAL SURVEY OF PUBLIC HOUSING UNITS TO CHECK FOR EVIDENCE OF
 WATER DAMAGE AND THE EXTENT OF MOLD GROWTH, INCLUDING AN  INSPECTION  OF
 THE FOLLOWING:
   (1)  ANY  DEFECTS  IN  CONSTRUCTION  THAT  MAY  CAUSE MOISTURE SUCH AS
 DEFECTS IN WINDOWS, ROOFS, OR EXTERIOR SIDING, OR IMPROPERLY LAID  FOUN-
 DATIONS, OR THE ABSENCE OF VAPOR BARRIERS.
   (2) PLUMBING LEAKS.
   (3) FLOOR AREAS UNDER CARPETING.
   (4) SPACES UNDER BUILDINGS AND LIVING AREAS, AND CEILING SPACES.
   (5) COLD CORNERS OF ROOMS WHICH LACK PROPER INSULATION AND ARE SUSCEP-
 TIBLE TO MOLD GROWTH.
   (6)  ANY  OTHER  MOISTURE DAMAGE, WATER INTRUSION, OR LEAKS AND ROT IN
 WALL CAVITIES OF PUBLIC HOUSING SPACES.
   (B) A PROTOCOL FOR THE REMEDIATION OF EXISTING MOLD IN PUBLIC HOUSING,
 INCLUDING STANDARDS RELATING TO AN ACCEPTABLE EXPOSURE LIMIT,  INCLUDING
 COMPLIANCE  TO  SUCH  AN  ACCEPTABLE EXPOSURE LIMIT. SUCH PROTOCOL SHALL
 INCLUDE THE FOLLOWING:
   (1) GUIDELINES FOR THE REMEDIATION OF INDOOR MOLD WHICH SHALL  INCLUDE
 PRECAUTIONS  TO  PROTECT  THE  HEALTH OF RESIDENTS OF PUBLIC HOUSING AND
 OVERALL PUBLIC HEALTH, INCLUDING PREVENTATIVE MEASURES  TO  ENSURE  THAT
 CONTAMINATION DOES NOT LEAVE THE AFFECTED AREA.
   (2)  THE  UTILIZATION  OF  TOOLS,  INSTRUMENTS AND REMEDIATION METHODS
 WHICH ARE ACCEPTABLE BY THE PROFESSIONAL COMMUNITY ENGAGED IN THE  REME-
 DIATION OF MOLD.
   (3)  THE  UTILIZATION  OF  PROTECTIVE GEAR AND EQUIPMENT TO ENSURE THE
 HEALTH AND SAFETY OF PERSONS PERFORMING THE REMEDIATION.
   (4) THE DEVELOPMENT OF A LIST OF PROFESSIONAL COMPANIES ENGAGED IN THE
 BUSINESS OF THE REMEDIATION OF MOLD, OR OTHER  TOXIC  SUBSTANCES,  WHICH
 SHALL  BE  AVAILABLE FOR CONTRACTING WITH THE DEPARTMENT FOR THE REMEDI-
 ATION OF INDOOR MOLD IN  PUBLIC  HOUSING.  SUCH  PROFESSIONAL  COMPANIES
 SHALL  BE ASSESSED ACCORDING TO THE TECHNOLOGICAL AND ECONOMIC FEASIBIL-
 ITY OF CONTRACTING WITH SUCH COMPANIES, AND ACCORDING TO  THEIR  SUCCESS
 IN THE IDENTIFICATION, REMEDIATION AND REMOVAL OF TOXIC MOLD.
   (C)  METHODS  TO  PREVENT  THE RETURN OF MOLD IN AREAS WHICH HAVE BEEN
 CLEANED, AND CONSTRUCTION METHODS TO PREVENT MOLD GROWTH IN  NEW  PUBLIC
 HOUSING FACILITIES. WITH RESPECT TO THE PREVENTION OF MOLD GROWTH IN NEW
 PUBLIC  HOUSING UNITS, THE DEPARTMENT SHALL DEVELOP CONSTRUCTION METHODS
 WHICH WILL BEST ENSURE THE PREVENTION OF  MOLD  ACCORDING  TO  SCIENTIF-
 ICALLY  RECOGNIZED  ENTITIES  IN  THE  FIELD OF ENVIRONMENTAL HEALTH AND
 SAFETY.
   § 2. The public health law is amended by adding a new article 48-A  to
 read as follows:
                                ARTICLE 48-A
                        REMEDIATION OF INDOOR MOLD
   SECTION  4809.  POWERS  AND DUTIES OF THE COMMISSIONER WITH RESPECT TO
 INDOOR MOLD.
   § 4809. POWERS AND DUTIES OF THE COMMISSIONER WITH RESPECT  TO  INDOOR
 MOLD.  1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MOLD" MEANS ANY FORM OF MULTICELLULAR FUNGI THAT LIVE ON PLANT OR
 ANIMAL MATTER AND IN INDOOR ENVIRONMENTS. TYPES OF MOLD INCLUDE, BUT ARE
 NOT LIMITED  TO,  CLADOSPORIUM,  PENICILLIUM,  ALTERNARIA,  ASPERGILLUS,
 FUSARIUM,  TRICHODERMA,  MEMNONIELLA, MUCOR, AND STACHYBOTRYS CHARTARUM,
 OFTEN FOUND IN WATER DAMAGED BUILDING MATERIALS.

 S. 2142                             3
 
   (B) "AFFECT" MEANS TO CAUSE A CONDITION BY THE PRESENCE OF MOLD IN THE
 DWELLING UNIT, BUILDING, APPURTENANT  STRUCTURE,  COMMON  WALL,  HEATING
 SYSTEM,  OR  VENTILATING  AND  AIR  CONDITIONING SYSTEM THAT AFFECTS THE
 INDOOR AIR QUALITY OF A DWELLING UNIT OR BUILDING.
   (C)  "ACCEPTABLE  EXPOSURE  LIMIT" MEANS A LEVEL OF MOLD THAT WILL NOT
 ADVERSELY AFFECT THE HEALTH OF OCCUPANTS, AND DOES NOT  POSE  A  SIGNIF-
 ICANT THREAT TO THE PUBLIC HEALTH.
   2.  STANDARDS FOR THE REMEDIATION AND PREVENTION OF MOLD.  THE COMMIS-
 SIONER, OR HIS OR HER DESIGNATED REPRESENTATIVE,  IS  HEREBY  AUTHORIZED
 AND  DIRECTED TO PROMULGATE STANDARDS FOR THE DETECTION, PREVENTION, AND
 REMEDIATION OF MOLD GROWTH IN INDOOR ENVIRONMENTS WHICH ARE  SUBJECT  TO
 THE  RULES  AND  REGULATIONS  OF  THE  DEPARTMENT, INCLUDING WORKPLACES,
 PUBLIC FACILITIES, AND OTHER ESTABLISHMENTS UNDER  THE  JURISDICTION  OF
 THE  DEPARTMENT. SUCH STANDARDS SHALL INCLUDE GUIDELINES RELATING TO THE
 FOLLOWING:
   (A) THE INSPECTION OF INDOOR SPACES FOR THE PRESENCE  OF  MOLD  GROWTH
 AND WATER DAMAGE.
   (B)  AN  ACCEPTABLE  EXPOSURE  LIMIT,  INCLUDING STANDARDS RELATING TO
 COMPLIANCE WITH SUCH AN ACCEPTABLE EXPOSURE LIMIT.
   (C) PROTOCOL FOR THE REMOVAL AND REMEDIATION OF EXISTING INDOOR MOLD.
   (D) METHODS TO PREVENT THE RETURN OF MOLD IN  AREAS  WHICH  HAVE  BEEN
 CLEANED,  AND  CONSTRUCTION METHODS TO PREVENT MOLD GROWTH IN NEW BUILD-
 INGS.
   3. CONSULTATION WITH RELATED EXPERTS. IN EFFECTUATING THE PURPOSES  OF
 THIS SECTION, THE COMMISSIONER, OR HIS OR HER DESIGNATED REPRESENTATIVE,
 SHALL  CONSULT  WITH  SCIENTIFICALLY RECOGNIZED ENTITIES IN THE FIELD OF
 ENVIRONMENTAL HEALTH AND SAFETY, AND RELATED AUTHORITATIVE BODIES IN THE
 FIELD OF REMEDIATION OF MOLD AND OTHER TOXIC SUBSTANCES.
   § 3. Subdivision 2 of section 462 of the real property law,  as  added
 by chapter 456 of the laws of 2001, is amended to read as follows:
   2. The following shall be the disclosure form:
                  PROPERTY CONDITION DISCLOSURE STATEMENT
 NAME OF SELLER OR SELLERS:
 PROPERTY ADDRESS:
   THE  PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY  THEREOF
 TO  BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
 BUYER OF A BINDING CONTRACT OF SALE.
   PURPOSE OF STATEMENT: THIS IS A STATEMENT OF  CERTAIN  CONDITIONS  AND
 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
 STATEMENT  IS  NOT  A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE  FOR
 ANY  INSPECTIONS  OR  TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
   A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON  THIS  FORM
 MAY  SUBJECT  THE  SELLER  TO  CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
 TRANSFER OF TITLE.  IN THE EVENT A SELLER  FAILS  TO  PERFORM  THE  DUTY
 PRESCRIBED  IN  THIS  ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO
 THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER  SHALL
 RECEIVE  UPON  THE  TRANSFER  OF  TITLE A CREDIT OF FIVE HUNDRED DOLLARS
 AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.
   "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A  ONE  TO
 FOUR  FAMILY  DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-
 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
 BUT SHALL NOT REFER TO (A) UNIMPROVED  REAL  PROPERTY  UPON  WHICH  SUCH

 S. 2142                             4

 DWELLINGS  ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
 APARTMENTS OR (C) PROPERTY ON A  HOMEOWNERS'  ASSOCIATION  THAT  IS  NOT
 OWNED IN FEE SIMPLE BY THE SELLER.
 
 INSTRUCTIONS TO THE SELLER:
   (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
   (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
 REQUIRED.
   (c) COMPLETE THIS FORM YOURSELF.
   (d)  IF  SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
 
   SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS  TO
 THE  BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
 ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT,  IF  ANY,  TO
 PROVIDE  A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN-
 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
 GENERAL INFORMATION
   1. HOW LONG HAVE YOU OWNED THE PROPERTY?
   2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
   3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE  TO  BUYER--IF
      THE  STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI-
      GATE FOR THE PRESENCE OF LEAD BASED PAINT.
   4. DOES ANYBODY OTHER THAN YOURSELF HAVE  A  LEASE,  EASEMENT  OR  ANY
      OTHER  RIGHT  TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN
      THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD,  SUCH  AS
      RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
   5. DOES  ANYBODY  ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY?  YES NO
      UNKN NA (IF YES, EXPLAIN BELOW)
   6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
      CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO  UNKN  NA  (IF
      YES, EXPLAIN BELOW)
   7. ARE  THERE  ANY  FEATURES  OF  THE  PROPERTY  SHARED IN COMMON WITH
      ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH  AS  WALLS,
      FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
   8. ARE  THERE  ANY  ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN-
      SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER  ASSOCIATION  FEES
      THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   9. ARE  THERE  CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY?  YES
      NO UNKN NA (IF NO, EXPLAIN BELOW)
 
 ENVIRONMENTAL
   NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS  REGARD-
 ING  PETROLEUM  PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW
 TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE  PROPERTY
 OR  FROM  THE  PROPERTY  ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY
 INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE,  DIESEL  FUEL,  HOME  HEATING
 FUEL,  AND  LUBRICANTS.  HAZARDOUS  OR  TOXIC SUBSTANCES ARE PRODUCTS OR
 OTHER MATERIAL THAT COULD POSE SHORT- OR LONG-TERM  DANGER  TO  PERSONAL
 HEALTH  OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED
 OR STORED.  THESE INCLUDE, BUT ARE NOT LIMITED TO,  FERTILIZERS,  PESTI-
 CIDES  AND  INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER
 AND WOOD PRESERVATIVES, TREATED WOOD,  CONSTRUCTION  MATERIALS  SUCH  AS
 ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS,
 BATTERIES,  CLEANING  SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD

 S. 2142                             5
 
 CLEANERS [AND], POOL CHEMICALS [AND], PRODUCTS  CONTAINING  MERCURY  AND
 LEAD AND INDOOR MOLD.
 
   NOTE  TO  BUYER  -  IF  CONTAMINATION  OF THIS PROPERTY FROM PETROLEUM
 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO  YOU,  YOU
 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.
 
   10. IS  ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN?
       YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
   11. IS ANY OR ALL OF THE PROPERTY LOCATED  IN  A  DESIGNATED  WETLAND?
       YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
   12. IS  THE  PROPERTY  LOCATED  IN AN AGRICULTURAL DISTRICT?   YES  NO
       UNKN  NA (IF YES, EXPLAIN BELOW)
   13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL?  YES  NO   UNKN   NA
       (IF YES, EXPLAIN BELOW)
   14. ARE  THERE  OR  HAVE  THERE  EVER BEEN FUEL STORAGE TANKS ABOVE OR
       BELOW THE GROUND ON THE PROPERTY?  YES  NO  UNKN  NA  IF YES,  ARE
       THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
       OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   15. IS  THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE
       LOCATION OR LOCATIONS BELOW)
   16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES,  STATE  LOCATION
       OR LOCATIONS BELOW)
   17. HAS  A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY
       OF THE REPORT)
   18. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING  OIL  OR
       ANY  OTHER  PETROLEUM  PRODUCT,  METHANE  GAS, OR ANY HAZARDOUS OR
       TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON  THE
       PROPERTY  OR  FROM  THE  PROPERTY ONTO ANY OTHER PROPERTY?  YES NO
       UNKN NA (IF YES, DESCRIBE BELOW)
   19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
       OIL, HOME HEATING FUEL, LUBRICATING OIL, OR  ANY  OTHER  PETROLEUM
       PRODUCT,  METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO
       UNKN NA (IF YES, ATTACH REPORT(S))
   19-A.  HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO  UNKN  (IF
       YES, ATTACH A COPY OF THE REPORT)
   19-B.   IS THERE INDOOR MOLD ON THE PROPERTY PRESENTLY? (IF YES, STATE
       LOCATION OR LOCATIONS BELOW)
 
 STRUCTURAL
   20. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE  OR  STRUCTURES?
       YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   21. IS  THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
       YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   22. IS THERE ANY  TERMITE,  INSECT,  RODENT  OR  PEST  INFESTATION  OR
       DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   23. HAS  THE  PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
       INFESTATION OR DAMAGE? YES NO  UNKN  NA  (IF  YES,  PLEASE  ATTACH
       REPORT(S))
   24. WHAT  IS  THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)?
       ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
       FERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO  UNKN  NA  (IF
       YES, EXPLAIN BELOW)
   25. ARE  THERE  ANY  KNOWN  MATERIAL  DEFECTS  IN ANY OF THE FOLLOWING
       STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS  OR
       PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW)

 S. 2142                             6
 
 MECHANICAL SYSTEMS & SERVICES
   26. WHAT  IS  THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
       MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
   27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
       (IF YES, DESCRIBE BELOW)
   28. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY -  PUBLIC
       SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)?  IF SEPTIC OR CESSPOOL,
       AGE?  ________  DATE  LAST  PUMPED? ________ FREQUENCY OF PUMPING?
       ________ ANY KNOWN MATERIAL DEFECTS?   YES NO  UNKN  NA  (IF  YES,
       EXPLAIN BELOW)
   29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
       AGE?  ________  DOES  IT  HAVE CIRCUIT BREAKERS OR FUSES? ________
       PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS?  YES
       NO UNKN NA (IF YES, EXPLAIN BELOW)
   30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
       IN  STANDING  WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA
       (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
   31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES
       NO UNKN NA (IF YES, EXPLAIN BELOW)
       ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE  FOLLOWING  (IF
       YES, EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
   32. PLUMBING SYSTEM?            YES NO UNKN NA
   33. SECURITY SYSTEM?            YES NO UNKN NA
   34. CARBON MONOXIDE DETECTOR?   YES NO UNKN NA
   35. SMOKE DETECTOR?             YES NO UNKN NA
   36. FIRE SPRINKLER SYSTEM?      YES NO UNKN NA
   37. SUMP PUMP?                  YES NO UNKN NA
   38. FOUNDATION/SLAB?            YES NO UNKN NA
   39. INTERIOR WALLS/CEILINGS?    YES NO UNKN NA
   40. EXTERIOR WALLS OR SIDING?   YES NO UNKN NA
   41. FLOORS?                     YES NO UNKN NA
   42. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
   43. PATIO/DECK?                 YES NO UNKN NA
   44. DRIVEWAY?                   YES NO UNKN NA
   45. AIR CONDITIONER?            YES NO UNKN NA
   46. HEATING SYSTEM?             YES NO UNKN NA
   47. HOT WATER HEATER?           YES NO UNKN NA
   48. THE  PROPERTY  IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT    UNKN
      NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC  RECORDS  CONCERNING  THE
      PROPERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
   THE  SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
 TIONAL PAGES ATTACHED.
   ______________________________________________________________
   ______________________________________________________________
   ______________________________________________________________
   ______________________________________________________________
   SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN  THIS
 PROPERTY  CONDITION  DISCLOSURE  STATEMENT  IS  TRUE AND COMPLETE TO THE
 SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED  BY  THE  SELLER.  IF  A
 SELLER  OF  RESIDENTIAL  REAL  PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
 PREVIOUSLY, THE  SELLER  SHALL  DELIVER  A  REVISED  PROPERTY  CONDITION
 DISCLOSURE  STATEMENT  TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-

 S. 2142                             7

 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
   SELLER__________ DATE___________
   SELLER__________ DATE___________
   BUYER'S  ACKNOWLEDGMENT:  BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT  OF
 CERTAIN  CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR  OTHER  INSPECTIONS
 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
   BUYER__________ DATE__________
   BUYER__________ DATE _________
   §  4.   The real property law is amended by adding a new section 235-h
 to read as follows:
   § 235-H. NOTICE  OF  INDOOR  MOLD  AND  REMEDIATION  HISTORY.  1.  ALL
 PROSPECTIVE  LESSEES SHALL BE FURNISHED WITH A NOTICE, IN A FORM PROMUL-
 GATED OR APPROVED  BY  THE  STATE  DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL,  THAT  SETS  FORTH  THE  PROPERTY'S INDOOR MOLD AND REMEDIATION
 HISTORY.
   2. INFORMATION SHALL INCLUDE ANY HISTORY OF INDOOR  MOLD  AND  REMEDI-
 ATION,  IF  ANY,  OF THE PREMISES TO BE RENTED BY THE PROSPECTIVE LESSEE
 AND THE BUILDING IN WHICH THE PREMISES ARE LOCATED.
   § 5. The administrative code of the city of New  York  is  amended  by
 adding a new section 27-2009.2 to read as follows:
   § 27-2009.2 NOTICE OF INDOOR MOLD AND REMEDIATION HISTORY. FOR HOUSING
 ACCOMMODATIONS  SUBJECT  TO  THIS  CODE,  AN  OWNER SHALL FURNISH TO ALL
 PROSPECTIVE LESSEES, A NOTICE IN A FORM PROMULGATED OR APPROVED  BY  THE
 STATE  DIVISION  OF  HOUSING  AND  COMMUNITY RENEWAL THAT SETS FORTH THE
 PROPERTY'S HISTORY OF INDOOR MOLD AND THE REMEDIATION, IF ANY, REGARDING
 THE PREMISES TO BE RENTED BY THE PROSPECTIVE LESSEE AND THE BUILDING  IN
 WHICH THE PREMISES ARE LOCATED.
   §  6.    This  act  shall take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, that section  three
 of  this  act shall apply to contracts of sale for real property entered
 into on or after such effective date;  and  provided  further,  however,
 that  effective  immediately  the  commissioner of housing and community
 renewal and the commissioner of health, in consultation with each other,
 are hereby authorized and directed to promulgate  any  rules  and  regu-
 lations  necessary  for  the implementation of this act on or before its
 effective date.