S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2947
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sens.  KAVANAGH, BAILEY, BRESLIN, CLEARE, HOYLMAN-SIGAL,
   MAY, PARKER, RIVERA, SALAZAR, SEPULVEDA  --  read  twice  and  ordered
   printed,  and when printed to be committed to the Committee on Judici-
   ary
 
 AN ACT to amend the real property law, the labor law, the tax  law,  the
   state  finance  law, the multiple dwelling law, the multiple residence
   law, the social services law and the public health law, in relation to
   enacting the "childhood lead poisoning prevention and safe housing act
   of 2023"
 
   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 2023".
   § 2. Legislative findings and purposes. 1. (a) Lead poisoning of chil-
 dren persists as one of the most prevalent and preventable environmental
 diseases in New York. Nearly 100,000 children were newly identified with
 levels of lead in their blood at or above  5  micrograms  per  deciliter
 (ug/dL)  in  New  York state between 2011 and 2015. 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 or inhalation 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 of children
 to think, concentrate, and learn.
   (b) Medical research indicates that  children  can  suffer  permanent,
 irreparable  damage  at  blood  levels  even lower than 5ug/dL, and that
 there is no level of lead  ingestion  or  inhalation  which  is  without
 adverse impact. Medical research also indicates that fetal injuries from
 lead paint can occur if women have elevated blood levels during pregnan-
 cy.    Because  of  this, intervention measures that wait until children
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07256-01-3
              

 S. 2947                             2
 
 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 federal centers for disease control
 and  prevention  (CDC) and promoted by leading experts in the field as a
 critical course of action to protect the health of young children.
   (c) Adult exposure to lead is also dangerous. It increases the risk of
 mortality from hypertension and cardiovascular  disease  with  a  recent
 large-scale  study  finding that 400,000 deaths per year in the U.S. are
 attributable to lead exposure. The study found  that  even  adult  blood
 lead concentrations lower than 5 ug/dL are associated with mortality. In
 addition,  the  federal environmental protection agency (EPA) classifies
 lead as a probable human carcinogen.
   (d) The predominant cause of lead poisoning in children is the  inges-
 tion or inhalation of lead particles from deteriorating or abraded lead-
 based paint from older and poorly maintained residences.
   (e) Deteriorating lead-based paint or excessive amounts of lead-conta-
 minated dust in these poorly maintained homes, or lead-contaminated soil
 around  residences, endangers the intellectual and emotional development
 and physical well-being of affected children, and  endangers  the  long-
 term  health of all inhabitants. In addition, unsafe work practices that
 inadequately control lead dust in the  repair  or  renovation  of  older
 homes can cause substantial lead hazards.
   (f)  Although  New  York  state  banned the sale of lead paint in 1970
 (chapter 338 of the laws of 1970), seventy percent of New York's housing
 stock was constructed prior  to  1970,  and  seventy-eight  percent  was
 constructed  prior to 1978, the year federal law banned the use of lead-
 based paint in residential homes. 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.
   (g)  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.
   (h) 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. The overall social costs of lead poisoning
 are estimated to amount to at least six billion dollars annually.
   (i) 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, as well as in surrounding soil, affects
 urban, suburban and rural areas of the state.
   (j) The existing housing codes and enforcement  systems  in  most  New
 York  jurisdictions  do not include primary prevention measures for lead
 hazards and have proven ineffective in encouraging widespread lead-based
 paint hazard abatement, mitigation, and control. As a  result,  in  many
 cases  lead  hazards  are often not identified until a child is found to
 have high concentrations of lead in their blood.
   (k) 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  substantially  reduce  lead
 hazards.
 S. 2947                             3
 
   (l)  Insurance companies are reluctant to provide coverage to property
 owners in the absence of evidence that lead hazards have been  appropri-
 ately addressed.
   (m)  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 affordable rental housing in  the  state
 of  New  York in which measures have been taken to eliminate or substan-
 tially 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 - meaning that lead hazards are  eliminated  or  substan-
 tially  reduced  before  a child has been poisoned, and thus to substan-
 tially reduce, and eventually eliminate, the incidence of childhood lead
 poisoning in the state of New York;
   (c) to establish lead hazard control standards in  the  state  of  New
 York, and make their enforcement more certain and more effective;
   (d)  to  improve  public  awareness of the dangers of exposure to lead
 even at low levels, and to educate  both  property  owners  and  tenants
 about practices that can reduce the incidence of lead poisoning; and
   (e)  to  provide resources for property owners who commit to undertake
 specified lead hazard reduction measures;
   (f) to improve the responses of the  department  of  health  in  those
 situations  where  children  are  identified  with  elevated  blood lead
 levels; and
   (g) to better coordinate across various departments  and  agencies  to
 protect children from lead poisoning.
   §  3.  The  real property law is amended by adding a new article 19 to
 read as follows:
                                ARTICLE 19
           CHILDHOOD LEAD POISONING PREVENTION AND SAFE HOUSING
 SECTION 500. DEFINITIONS.
         501. REQUIREMENTS FOR OWNERS OF AFFECTED PROPERTIES.
         502. INVESTIGATION AND INSPECTION OF AFFECTED PROPERTIES BY  THE
                DEPUTY COMMISSIONER.
         503. SAFE  WORK  PRACTICES  FOR ACTIVITIES DISTURBING LEAD-BASED
                PAINT OR PAINT OF UNKNOWN LEAD CONTENT IN AFFECTED  PROP-
                ERTIES.
         504. ACCREDITATION  OF  INSPECTORS  AND  CONTRACTORS  PERFORMING
                WORK.
         505. ENFORCEMENT.
         506. INJUNCTIVE RELIEF.
         507. RETALIATORY EVICTIONS PROHIBITED.
         508. LEAD POISONING PREVENTION FEE.
         509. DESIGNATION OF EXEMPT MUNICIPALITIES; MINIMUM STANDARDS FOR
                LEAD-BASED PAINT POISONING PREVENTION PROGRAMS.
         510. REPORTING.
   § 500. 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 PERMANENT ENCLO-
 SURE 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-LEAD HAZARDS. WHEN ABATEMENT HAS OCCURRED, A PROPERTY
 IS DEEMED ABATED.
 S. 2947                             4

   2. "AFFECTED PROPERTY" MEANS A ROOM OR GROUP OF ROOMS WITHIN A PROPER-
 TY CONSTRUCTED BEFORE NINETEEN HUNDRED SEVENTY-EIGHT THAT FORM A  SINGLE
 INDEPENDENT  HABITABLE DWELLING UNIT FOR OCCUPATION BY ONE OR MORE INDI-
 VIDUALS THAT HAS LIVING FACILITIES WITH PERMANENT PROVISIONS FOR LIVING,
 SLEEPING,  EATING, COOKING, AND SANITATION. "AFFECTED PROPERTY" DOES NOT
 INCLUDE:
   (A) A UNIT WITHIN A HOTEL, MOTEL, OR  SIMILAR  SEASONAL  OR  TRANSIENT
 FACILITY UNLESS SUCH UNIT IS OCCUPIED BY ONE OR MORE PERSONS FOR A PERI-
 OD EXCEEDING THIRTY DAYS;
   (B) AN AREA WHICH IS SECURED AND INACCESSIBLE TO OCCUPANTS;
   (C)  A  UNIT  WHICH IS NOT OFFERED FOR RENT OR NOT INCIDENT TO EMPLOY-
 MENT;
   (D) AN UNOCCUPIED DWELLING UNIT OR RESIDENTIAL PROPERTY THAT IS TO  BE
 DEMOLISHED,  PROVIDED  THE DWELLING UNIT OR PROPERTY WILL REMAIN UNOCCU-
 PIED UNTIL DEMOLITION;
   (E) A DWELLING OR DWELLING UNIT WITHIN AN EXEMPT MUNICIPALITY; OR
   (F) PROPERTY OWNED OR OPERATED BY A UNIT OF FEDERAL, STATE,  OR  LOCAL
 GOVERNMENT,  OR  ANY  PUBLIC, QUASI-PUBLIC, OR MUNICIPAL CORPORATION, IF
 THE PROPERTY IS SUBJECT TO LEAD STANDARDS THAT ARE  EQUAL  TO,  OR  MORE
 STRINGENT  THAN, THE REQUIREMENTS FOR LEAD-STABILIZED STATUS UNDER PARA-
 GRAPH C OF SUBDIVISION ONE OF SECTION FIVE HUNDRED ONE OF THIS  ARTICLE,
 BUT  DOES  INCLUDE  PRIVATELY-OWNED PROPERTIES THAT RECEIVE GOVERNMENTAL
 RENTAL ASSISTANCE.
   3. "AREA OF HIGH RISK" MEANS AN AREA DESIGNATED AS SUCH BY THE  DEPUTY
 COMMISSIONER,  PURSUANT  TO SECTION FIVE HUNDRED TWO OF THIS ARTICLE, IN
 CONJUNCTION WITH THE COMMISSIONER OF HEALTH PURSUANT TO SECTION THIRTEEN
 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   4. "CHANGE IN OCCUPANCY" MEANS A CHANGE OF TENANT IN AN AFFECTED PROP-
 ERTY IN WHICH THE PROPERTY IS VACATED AND POSSESSION IS  EITHER  SURREN-
 DERED TO THE OWNER OR ABANDONED.
   5. "CHEWABLE SURFACE" SHALL MEAN A PROTRUDING INTERIOR WINDOWSILL IN A
 DWELLING  UNIT  IN  AN AFFECTED PROPERTY THAT IS READILY ACCESSIBLE TO A
 CHILD UNDER AGE SEVEN. "CHEWABLE SURFACE" SHALL ALSO MEAN ANY OTHER TYPE
 OF INTERIOR EDGE OR PROTRUSION IN A DWELLING UNIT IN AN AFFECTED PROPER-
 TY, SUCH AS A RAIL OR STAIR.
   6. "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.
   7. "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.
   8.  "DEPUTY  COMMISSIONER" MEANS SUCH PERSON AS HAS BEEN DESIGNATED BY
 THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL TO ENFORCE THIS  ARTI-
 CLE.
   9.  "DETERIORATED PAINT" MEANS ANY INTERIOR OR EXTERIOR PAINT OR OTHER
 COATING THAT IS CURLING, SCALING, FLAKING,  BLISTERING,  PEELING,  CHIP-
 PING,  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.
   10. "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.
   11. "DIVISION" MEANS THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
 S. 2947                             5

   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. "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.   ENCAPSU-
 LATION  MAY  BE  USED  AS  A  METHOD  OF ABATEMENT IF IT IS DESIGNED AND
 PERFORMED SO AS TO BE PERMANENT.
   15. "EXEMPT MUNICIPALITY" MEANS THE CITIES OF NEW YORK, ROCHESTER, AND
 SYRACUSE, AND SUCH OTHER MUNICIPALITIES THAT THE COMMISSIONER OF HOUSING
 AND COMMUNITY RENEWAL MAY DESIGNATE PURSUANT  TO  SECTION  FIVE  HUNDRED
 NINE OF THIS ARTICLE.
   16. "EXTERIOR SURFACES" MEANS:
   (A) ALL FENCES AND PORCHES THAT ARE PART OF A DWELLING;
   (B)  ALL OUTSIDE SURFACES OF A DWELLING 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.
   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 PAINT HAZARDS.
   20. "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.
   21. "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.
   22. "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.
 S. 2947                             6
 
   23.  "INTERIOR  WINDOWSILL"  MEANS  A PORTION OF THE HORIZONTAL WINDOW
 LEDGE THAT IS PROTRUDING INTO THE INTERIOR OF A ROOM.
   24.  "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 PARAGRAPH C OF SUBDIVISION
 ONE OF SECTION FIVE HUNDRED ONE OF THIS ARTICLE.
   25. "LEAD-BASED PAINT" MEANS PAINT OR OTHER  SIMILAR  SURFACE  COATING
 MATERIAL  CONTAINING  0.5  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 (EPA) AND THE UNITED STATES DEPARTMENT OF HOUS-
 ING AND URBAN DEVELOPMENT (HUD)  FOR  THE  SPECIFIC  X-RAY  FLUORESCENCE
 ANALYZER  USED. X-RAY FLUORESCENCE READINGS SHALL BE CLASSIFIED AS POSI-
 TIVE, NEGATIVE OR INCONCLUSIVE IN ACCORDANCE WITH THE HUD GUIDELINES FOR
 THE EVALUATION AND CONTROL OF LEAD-BASED PAINT HAZARDS IN HOUSING  (JUNE
 1995,  REVISED  1997 AND 2012) AND THE PERFORMANCE CHARACTERISTIC SHEETS
 RELEASED BY THE EPA AND HUD 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 LABORATORY 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 0.25%  OF
 METALLIC  LEAD,  BASED ON THE NON-VOLATILE CONTENT OF THE PAINT OR OTHER
 SIMILAR SURFACE-COATING MATERIAL EXCEPT THAT, IF THE EPA OR A  SUCCESSOR
 AGENCY,  OR  THE  HUD OR A SUCCESSOR AGENCY, ADOPTS MORE STRINGENT DEFI-
 NITIONS OF LEAD-BASED PAINT, SUCH MORE STRINGENT LEVELS SHALL APPLY  FOR
 THE  PURPOSES  OF  THIS  ARTICLE AND THE DIVISION SHALL UPDATE ITS REGU-
 LATIONS SO THEY ARE AT LEAST AS STRINGENT AS THE FEDERAL  LEVELS.  IN  A
 RESIDENTIAL  DWELLING CONSTRUCTED BEFORE 1970, IT SHALL BE PRESUMED THAT
 PAINT OR OTHER SIMILAR SURFACE COATING MATERIAL CONTAINS 0.5  MILLIGRAMS
 OF  LEAD  PER  SQUARE CENTIMETER OR GREATER UNLESS IT HAS BEEN TESTED IN
 THE MANNER SPECIFIED IN THIS SECTION BY PERSONNEL QUALIFIED PURSUANT  TO
 SUBDIVISION TWO OF SECTION FIVE HUNDRED FOUR OF THIS ARTICLE.
   26. "LEAD-BASED PAINT HAZARD" MEANS ANY CONDITION IN, OR PROXIMATE TO,
 A  DWELLING  OR  DWELLING  UNIT THAT MAY RESULT IN EXPOSURE TO LEAD THAT
 COULD RESULT IN ADVERSE HUMAN HEALTH EFFECTS FROM ANY OF  THE  FOLLOWING
 CONDITIONS:  LEAD-CONTAMINATED  DUST;  LEAD-BASED  PAINT THAT IS DETERI-
 ORATED; LEAD-BASED PAINT THAT IS PRESENT ON CHEWABLE  SURFACES,  DETERI-
 ORATED  SUBSURFACES, FRICTION SURFACES, OR IMPACT SURFACES; OR SOIL-LEAD
 HAZARDS.
   27. "LEAD-CONTAINED" MEANS PROPERTY THAT HAS  ATTAINED  LEAD-CONTAINED
 PROPERTY  STATUS WITHIN THE MEANING OF PARAGRAPH D OF SUBDIVISION ONE OF
 SECTION FIVE HUNDRED ONE OF THIS ARTICLE.
   28. "LEAD-CONTAMINATED DUST" MEANS SURFACE DUST THAT CONTAINS  A  MASS
 PER  AREA  CONCENTRATION  OF LEAD EQUAL TO OR EXCEEDING 5 MICROGRAMS PER
 SQUARE FOOT ("UG/FT2") ON FLOORS, OR 40 UG/FT2 ON  INTERIOR  WINDOWSILLS
 S. 2947                             7
 
 BASED  ON  WIPE  SAMPLE,  OR 100 UG/FT2 ON WINDOW WELLS, OR 40 UG/FT2 ON
 PORCH FLOORS, OR SUCH MORE STRINGENT STANDARDS AS MAY BE ADOPTED BY  THE
 DIVISION  OF  HOUSING  AND COMMUNITY RENEWAL, EXCEPT THAT, IF THE UNITED
 STATES  ENVIRONMENTAL  PROTECTION  AGENCY  OR A SUCCESSOR AGENCY, OR THE
 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OR A SUCCESSOR
 AGENCY, ADOPTS MORE STRINGENT  DEFINITIONS  OF  LEAD-CONTAMINATED  DUST,
 SUCH MORE STRINGENT LEVELS SHALL APPLY FOR THE PURPOSES OF THIS ARTICLE,
 AND  THE  DIVISION  SHALL UPDATE ITS REGULATIONS SO THEY ARE AT LEAST AS
 STRINGENT AS THE FEDERAL LEVELS.
   29. "LEAD-FREE" MEANS PROPERTY THAT HAS  ATTAINED  LEAD-FREE  PROPERTY
 STATUS  WITHIN  THE MEANING OF PARAGRAPH E OF SUBDIVISION ONE OF SECTION
 FIVE HUNDRED ONE OF THIS ARTICLE.
   30. "LEAD-STABILIZED" MEANS PROPERTY THAT HAS ATTAINED LEAD-STABILIZED
 PROPERTY STATUS WITHIN THE MEANING OF PARAGRAPH C OF SUBDIVISION ONE  OF
 SECTION FIVE HUNDRED ONE OF THIS ARTICLE.
   31.  "LOCAL  DESIGNEE"  MEANS  A  MUNICIPAL, COUNTY, OR OTHER OFFICIAL
 DESIGNATED BY THE DEPUTY COMMISSIONER AS RESPONSIBLE FOR  ASSISTING  THE
 DESIGNATING  AUTHORITY, RELEVANT STATE AGENCIES, AND RELEVANT COUNTY AND
 MUNICIPAL AUTHORITIES, IN IMPLEMENTING THE ACTIVITIES SPECIFIED BY  THIS
 ARTICLE FOR THE LOCALITIES.
   32.  "OCCUPANT" MEANS ANY INDIVIDUAL LIVING OR SLEEPING IN A BUILDING,
 OR HAVING POSSESSION OF A SPACE WITHIN A BUILDING.
   33. "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.
   34.  "PERMANENT"  MEANS  AN  EXPECTED  DESIGN  LIFE OF AT LEAST TWENTY
 YEARS.
   35. "PERSON" MEANS ANY NATURAL PERSON.
   36. "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.
   37.  "RENT-TO-OWN  CONTRACT" SHALL MEAN ANY AGREEMENT BETWEEN AN OWNER
 OF REAL PROPERTY AND A TENANT WHICH PROVIDES THAT AFTER A SPECIFIED TERM
 THE TENANT WILL TAKE OWNERSHIP OF THE RENTED HOME.
   38. "RESIDES" SHALL MEAN TO ROUTINELY SPEND TEN OR MORE HOURS PER WEEK
 WITHIN A DWELLING UNIT.
   39. "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 EXCEPT THAT, IF THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
 CY OR A SUCCESSOR AGENCY, OR THE UNITED STATES DEPARTMENT OF HOUSING AND
 URBAN  DEVELOPMENT  OR  A  SUCCESSOR AGENCY, ADOPTS MORE STRINGENT DEFI-
 NITIONS OF SOIL-LEAD HAZARD, SUCH MORE STRINGENT LEVELS SHALL APPLY  FOR
 S. 2947                             8
 
 THE  PURPOSES  OF  THIS ARTICLE, AND THE DIVISION SHALL UPDATE ITS REGU-
 LATIONS SO THEY ARE AT LEAST AS STRINGENT AS THE FEDERAL LEVELS.
   40.  "TENANT"  MEANS  THE  INDIVIDUAL  NAMED AS THE LESSEE IN A LEASE,
 RENTAL AGREEMENT, RENT-TO-OWN  CONTRACT,  OR  OTHER  FORM  OF  OCCUPANCY
 AGREEMENT,  WHETHER  WRITTEN  OR ORAL, FOR A DWELLING UNIT, AND INCLUDES
 TENANCIES INCIDENT TO EMPLOYMENT. WHERE APPLICABLE,  THE  TERM  "TENANT"
 SHALL ALSO INCLUDE ANY OCCUPANT OF THE TENANT'S HOUSEHOLD.
   41. "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).
   § 501. REQUIREMENTS FOR OWNERS OF  AFFECTED  PROPERTIES.  1.  DUTY  TO
 MAINTAIN AFFECTED PROPERTIES. (A) ALL AFFECTED PROPERTIES SHALL BE MAIN-
 TAINED FREE OF CONDITIONS CONDUCIVE TO LEAD PAINT POISONING.
   (B) WITHIN TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, ALL
 AFFECTED  PROPERTIES SHALL BE MAINTAINED AS "LEAD-STABILIZED" AS DEFINED
 BY PARAGRAPH (C) OF THIS SUBDIVISION OR "LEAD-CONTAINED" AS  DEFINED  BY
 PARAGRAPH  (D)  OF  THIS  SUBDIVISION, OR "LEAD-FREE" AS PROVIDED FOR IN
 PARAGRAPH (E) OF THIS SUBDIVISION.
   (C) AN AFFECTED PROPERTY WILL BE CONSIDERED  TO  BE  "LEAD-STABILIZED"
 WHEN:
   (I)  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
 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;
   (II)  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;
   (III) ALL DOORS AND DOORWAYS HAVE BEEN ADJUSTED OR RE-HUNG  AS  NECES-
 SARY  TO  PREVENT  THE  RUBBING  TOGETHER OF ANY SURFACE WITH LEAD-BASED
 PAINT OR PAINT OF UNKNOWN LEAD CONTENT WITH ANOTHER SURFACE;
   (IV) ALL BARE FLOORS HAVE BEEN MADE SMOOTH AND CLEANABLE;
   (V) ALL WORK HAS BEEN COMPLETED IN COMPLIANCE WITH THE SAFE WORK PRAC-
 TICE REGULATIONS PROMULGATED PURSUANT TO SECTION FIVE HUNDRED  THREE  OF
 THIS ARTICLE; AND
   (VI) AT THE COMPLETION OF ANY ACTIVITIES DESCRIBED IN THIS SUBDIVISION
 THAT DISTURB LEAD-BASED PAINT OR PAINT OF UNKNOWN LEAD CONTENT:
   (A)  THE  INTERIOR OF THE AFFECTED PROPERTY HAS BEEN HEPA VACUUMED AND
 WASHED WITH HIGH PHOSPHATE DETERGENT OR ITS EQUIVALENT; AND
   (B) CLEARANCE FOR LEAD-CONTAMINATED DUST HAS BEEN ACHIEVED  AS  DETER-
 MINED  BY  WIPE  SAMPLES  IN ALL AREAS ACCESSIBLE TO OCCUPANTS, TAKEN BY
 PROPERLY ACCREDITED INDEPENDENT PERSONNEL AFTER COMPLETION OF ALL ACTIV-
 ITIES UNDERTAKEN PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (D) AN AFFECTED PROPERTY WILL BE  CONSIDERED  TO  BE  "LEAD-CONTAINED"
 WHEN  A  CERTIFIED  INSPECTOR,  ACCREDITED PURSUANT TO THE PROVISIONS OF
 S. 2947                             9
 
 SECTION FIVE HUNDRED FOUR OF THIS ARTICLE, INSPECTS THE AFFECTED PROPER-
 TY AND CERTIFIES THAT THE AFFECTED PROPERTY  HAS  BEEN  TESTED  FOR  THE
 PRESENCE  OF  LEAD-BASED  PAINT AND LEAD-CONTAMINATED DUST IN ACCORDANCE
 WITH THE STANDARDS AND PROCEDURES ESTABLISHED BY REGULATIONS PROMULGATED
 BY THE COMMISSIONER AND STATES UNDER PENALTIES OF PERJURY THAT:
   (I)  ALL  INTERIOR  SURFACES  IN  THE  AFFECTED PROPERTY EITHER DO NOT
 CONTAIN LEAD-BASED PAINT OR HAVE BEEN PERMANENTLY ABATED;
   (II)(A) 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
   (B)  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
   (III)  CLEARANCE FOR LEAD DUST HAZARDS HAS BEEN ACHIEVED AS DETERMINED
 BY WIPE SAMPLES IN ALL AREAS ACCESSIBLE TO OCCUPANTS, TAKEN BY  PROPERLY
 ACCREDITED INDEPENDENT PERSONNEL.
   (E)  AN  AFFECTED PROPERTY WILL BE CONSIDERED TO BE "LEAD-FREE" WHEN A
 CERTIFIED INSPECTOR, ACCREDITED PURSUANT TO THE  PROVISIONS  OF  SECTION
 FIVE  HUNDRED  FOUR  OF THIS ARTICLE, INSPECTS THE AFFECTED PROPERTY AND
 CERTIFIES 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 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.
   2. DUTY TO INSPECT AFFECTED PROPERTIES. (A) UNLESS AN AFFECTED PROPER-
 TY  HAS BEEN DETERMINED TO BE "LEAD-CONTAINED" OR "LEAD-FREE" AS DEFINED
 IN SUBDIVISION ONE OF THIS SECTION, THE OWNER OF SUCH AFFECTED  PROPERTY
 SHALL  CAUSE AN INVESTIGATION TO BE MADE AS PROVIDED IN PARAGRAPH (B) OF
 THIS SUBDIVISION, EITHER DIRECTLY BY THE OWNER,  THE  OWNER'S  AGENT  OR
 EMPLOYEE,  OR BY ANY OTHER PERSON AUTHORIZED BY THE DEPUTY COMMISSIONER,
 TO DETERMINE WHETHER SUCH PROPERTY COMPLIES, AT A MINIMUM,  WITH  "LEAD-
 STABILIZED"  PROPERTY  STATUS.    ALTERNATIVELY,  THE OWNER MAY CAUSE AN
 INSPECTION TO BE MADE BY  A  PERSON  TRAINED  AND  ACCREDITED  FOR  SUCH
 INSPECTIONS  AS  DESCRIBED  IN SECTION FIVE HUNDRED FOUR OF THIS ARTICLE
 FOR THE PURPOSE OF DETERMINING WHETHER THE  AFFECTED  PROPERTY  COMPLIES
 WITH  EITHER  "LEAD-FREE"  PROPERTY  STATUS OR "LEAD-CONTAINED" PROPERTY
 STATUS.
   (B) 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, 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
 PARAGRAPH  (B) OF THIS SUBDIVISION, THE OWNER SHALL CAUSE SUCH AN INVES-
 TIGATION 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
 S. 2947                            10
 
 TENANTS  IN  ACCORDANCE  WITH SECTION 42 U.S.C. 4852D, 24 C.F.R. PART 35
 SUBPART A AND 40 C.F.R. PART 40 SUBPART F OR SUCH SUCCESSOR  REGULATIONS
 AND THIS ARTICLE.
   3.  DUTY  TO MAINTAIN AND PROVIDE RECORDS OF COMPLIANCE, AND NOTICE TO
 OCCUPANTS OF AFFECTED PROPERTIES.
   (A) BEGINNING TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS  SECTION,
 OWNERS OF AFFECTED PROPERTIES SHALL SUBMIT TO THE DEPUTY COMMISSIONER OR
 THE  DEPUTY  COMMISSIONER'S  DESIGNEE FOR THE JURISDICTION IN WHICH SUCH
 PROPERTY IS LOCATED A CERTIFICATION OF COMPLIANCE WITH PARAGRAPH (B)  OF
 SUBDIVISION  ONE  OF  THIS SECTION, IN THE MANNER DIRECTED BY THE DEPUTY
 COMMISSIONER. SAID CERTIFICATIONS SHALL INCLUDE THE RESULTS OF ANY  LEAD
 DUST WIPE TESTS, ANY TESTS FOR THE PRESENCE OF LEAD-BASED PAINT, AND ANY
 INSPECTIONS   CONDUCTED   BY   INSPECTORS  ACCREDITED  PURSUANT  TO  THE
 PROVISIONS OF SECTION FIVE HUNDRED NINE OF THIS ARTICLE.  CERTIFICATIONS
 OF AFFECTED PROPERTIES AS "LEAD STABILIZED" WITHIN THE MEANING OF  PARA-
 GRAPH  (C)  OF  SUBDIVISION ONE OF THIS SECTION SHALL BE SUBMITTED EVERY
 THREE YEARS. CERTIFICATIONS OF AFFECTED PROPERTIES AS  "LEAD  CONTAINED"
 WITHIN  THE  MEANING OF PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION
 SHALL BE SUBMITTED EVERY TEN YEARS, UNLESS CLAUSE  (B)  OF  SUBPARAGRAPH
 (I)  OF  PARAGRAPH  (D) OF SUCH SUBDIVISION HAS BEEN COMPLETED, IN WHICH
 CASE SUCH CERTIFICATION SHALL BE SUBMITTED EVERY TWENTY YEARS.
   (B) WHEN AN OWNER OF AN AFFECTED PROPERTY SUBMITS A  CERTIFICATION  TO
 THE  DIVISION  PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION, THE OWNER
 SHALL ALSO PROVIDE A COPY OF THE CERTIFICATION AND ANY  DUST  WIPE  TEST
 RESULTS  TO  THE  TENANTS  WITHIN  ONE MONTH THEREAFTER OF PROVIDING THE
 CERTIFICATION TO THE DEPARTMENT OR, FOR DWELLING UNITS THAT  ARE  VACANT
 AT THE TIME OF SUCH CERTIFICATION, AT THE TIME TENANTS TAKE OCCUPANCY.
   (C)  THE  DIVISION  SHALL MAINTAIN A SEARCHABLE PUBLIC DATABASE OF ALL
 CERTIFICATIONS FILED PURSUANT TO THIS SUBDIVISION.
   (D) THE OWNER OF AN AFFECTED PROPERTY SHALL MAKE AND MAINTAIN A RECORD
 OF ALL INVESTIGATIONS OR INSPECTIONS CONDUCTED UNDER SUBDIVISION TWO  OF
 THIS  SECTION IN A FORM PRESCRIBED BY THE DEPUTY COMMISSIONER. THE OWNER
 SHALL MAINTAIN SUCH RECORD, IN ELECTRONIC OR  HARD-COPY  FORMAT,  FOR  A
 PERIOD  OF TEN YEARS. COPIES OF SUCH RECORD SHALL BE MADE AVAILABLE UPON
 REQUEST TO THE DEPUTY COMMISSIONER, HIS OR HER LOCAL  DESIGNEE,  TENANTS
 AND  OCCUPANTS  OF THE AFFECTED PROPERTY, AND ANY PROSPECTIVE TENANTS OR
 OCCUPANTS OF THE AFFECTED PROPERTY.
   (E) THE OWNER SHALL CAUSE A SUMMARY  OF  INSPECTIONS  CONDUCTED  UNDER
 SUBDIVISION  TWO  OF  THIS  SECTION,  IN A FORM PRESCRIBED BY THE DEPUTY
 COMMISSIONER, TO BE CONSPICUOUSLY POSTED IN A COMMON AREA OF THE  DWELL-
 ING  IN OR ADJACENT TO MAIN 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.
   (F)  ALL  LEASES OFFERED TO TENANTS OR PROSPECTIVE TENANTS IN AFFECTED
 PROPERTIES SHALL CONTAIN A  NOTICE,  CONSPICUOUSLY  SET  FORTH  THEREIN,
 WHICH  ADVISES  TENANTS  OF THE OBLIGATIONS OF THE OWNER AS SET FORTH IN
 THIS SECTION. SUCH NOTICE SHALL BE IN A MANNER APPROVED  BY  THE  DEPUTY
 COMMISSIONER,  THE  CONTENT  OF WHICH SHALL, AT A MINIMUM, BE IN ENGLISH
 AND SPANISH.
   (G) UNLESS AN AFFECTED PROPERTY HAS BEEN  CERTIFIED  AS  BEING  "LEAD-
 FREE,"  AS PROVIDED IN PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION,
 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 ARTICLE SHALL INCLUDE THE FOLLOWING PROVISIONS,
 S. 2947                            11
 
 IN BOTH ENGLISH AND SPANISH, IN PROMINENTLY DISPLAYED AND  EASILY  READ-
 ABLE  TYPE  OR  PRINTING:  "THIS PROPERTY, CONSTRUCTED BEFORE JANUARY 1,
 1970, MAY CONTAIN LEAD-BASED PAINT. LEAD-BASED PAINT, IF IT IS NOT PROP-
 ERLY  REMOVED  OR  MAINTAINED,  MAY  CAUSE BRAIN DAMAGE OR OTHER SERIOUS
 HEALTH IMPACTS IN CHILDREN 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 PROPERTY MAY
 CONTAIN  LEAD-BASED  PAINT  HAZARDS DANGEROUS TO A CHILD LESS THAN SEVEN
 YEARS OF AGE."
   (H) AT THE TIME OF THE LEASE OR RENTING OF AN AFFECTED PROPERTY  WITH-
 OUT  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  PARAGRAPH  (F) OF THIS SUBDIVISION AND, IF APPLICABLE, PARA-
 GRAPH (G) OF THIS SUBDIVISION, IN BOTH ENGLISH AND SPANISH,  AND  PROMI-
 NENTLY DISPLAYED AND IN EASILY READABLE TYPE OR PRINTING.
   §  502.  INVESTIGATION  AND  INSPECTION  OF AFFECTED PROPERTIES BY THE
 DEPUTY COMMISSIONER. 1. (A) BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE
 OF THIS SECTION, THE DEPUTY COMMISSIONER OR HIS OR HER DESIGNEE FOR  THE
 JURISDICTION IN WHICH SUCH PROPERTY IS LOCATED SHALL ORDER AN INSPECTION
 OF  AN  AFFECTED  PROPERTY  BY  AN  INSPECTOR ACCREDITED PURSUANT TO THE
 PROVISIONS OF SECTION FIVE HUNDRED FOUR OF THIS ARTICLE, AT THE  EXPENSE
 OF  THE  OWNER OF THE AFFECTED PROPERTY, WHENEVER THE DEPUTY COMMISSION-
 ER'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-STA-
 BILIZED PROPERTY STATUS.
   (B) 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 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.
   (C) BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,  THE
 DEPUTY  COMMISSIONER  SHALL  ESTABLISH  A  CENTRAL  COMPLAINT SYSTEM FOR
 TENANTS IN AFFECTED PROPERTIES TO REPORT DETERIORATED PAINT OR ANY OTHER
 CONDITION BELIEVED TO BE CONDUCIVE TO  LEAD  POISONING  AT  AN  AFFECTED
 PROPERTY, AND IN SUCH INSTANCE, THE DEPUTY COMMISSIONER'S DESIGNEE SHALL
 REQUIRE AN INSPECTION TO BE MADE OF THE AFFECTED PROPERTY.
   (D)  AN  INSPECTION REQUIRED UNDER THIS SUBDIVISION SHALL BE COMPLETED
 WITHIN NINETY DAYS  AFTER  NOTIFICATION  OF  THE  DEPUTY  COMMISSIONER'S
 DESIGNEE  FOR THE JURISDICTION IN WHICH SUCH PROPERTY 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 COMMISSION-
 ER  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.
 S. 2947                            12
 
   (E) BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,  THE
 DEPUTY  COMMISSIONER  SHALL  ESTABLISH  AND  MAINTAIN  AN INDEX AND FILE
 CONTAINING ALL NOTIFICATIONS OR COMPLAINTS OF AFFECTED  PROPERTIES  THAT
 MAY  NOT COMPLY WITH THE REQUIREMENTS OF SUBDIVISION ONE OF SECTION FIVE
 HUNDRED  ONE  OF  THIS  ARTICLE AND THE RESULTS OF INSPECTIONS CONDUCTED
 PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION. SAID INDEX AND FILE SHALL
 BE MADE PUBLICLY AVAILABLE IN AN ACCESSIBLE, ELECTRONIC SEARCHABLE  FORM
 ON  A  WEBSITE  MAINTAINED  BY  THE  DIVISION  OF  HOUSING AND COMMUNITY
 RENEWAL.
   2. 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 FIVE  HUNDRED  FOUR  OF
 THIS  ARTICLE,  OF AN AFFECTED PROPERTY, AT THE EXPENSE OF THE OWNER, TO
 DETERMINE WHETHER IT COMPLIES WITH THE REQUIREMENTS FOR LEAD-FREE, LEAD-
 CONTAINED, OR LEAD-STABILIZED PROPERTY STATUS. SUCH INSPECTION SHALL  BE
 COMPLETED WITHIN THIRTY DAYS AFTER THE OWNER'S REQUEST.
   3.  THE  DEPUTY  COMMISSIONER SHALL ESTABLISH, IN CONJUNCTION WITH THE
 COMMISSIONER OF HEALTH OR HER OR  HIS  DESIGNEE,  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  IN  THAT  MUNICIPALITY,  CENSUS
 TRACT  OR  CENSUS BLOCK GROUP THAT ARE MOST LIKELY TO CONTAIN CONDITIONS
 CONDUCIVE TO LEAD POISONING;
   (C) REQUIRE, AT THE OWNER'S EXPENSE, THE INSPECTION OF AFFECTED  PROP-
 ERTIES FOR CONDITIONS CONDUCIVE TO LEAD POISONING; AND
   (D) REQUIRE THAT SUCH INSPECTED PROPERTIES ATTAIN LEAD-FREE, LEAD-CON-
 TAINED,  OR  LEAD-STABILIZED  STATUS,  AND ELIMINATION OF ALL CONDITIONS
 CONDUCIVE TO LEAD POISONING IN SUCH PROPERTIES,  USING  LEAD  SAFE  WORK
 PRACTICES IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE WITHIN THIR-
 TY  DAYS.  IN PREPARING THIS PRIMARY PREVENTION INSPECTION STRATEGY, THE
 RESPONSIBLE OFFICIALS SHALL, AMONG OTHER FACTORS,  CONSIDER  REPORTS  OF
 PERSONS  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
 DEPARTMENT OF HEALTH.
   4.  AN  INSPECTOR  SHALL SUBMIT A VERIFIED REPORT OF THE RESULT OF THE
 INSPECTION CONDUCTED PURSUANT TO SUBDIVISION ONE, TWO, OR THREE OF  THIS
 SECTION TO THE DEPUTY COMMISSIONER OR THE DEPUTY COMMISSIONER'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 COMMISSION-
 S. 2947                            13
 
 ER  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.
   §  503. SAFE WORK PRACTICES FOR ACTIVITIES DISTURBING LEAD-BASED PAINT
 OR PAINT OF UNKNOWN LEAD CONTENT IN AFFECTED  PROPERTIES.  1.  ALL  WORK
 PERFORMED  BY AN OWNER OR THE OWNER'S AGENTS OR CONTRACTORS, IN AFFECTED
 PROPERTY, THAT DISTURBS LEAD-BASED PAINT OR PAINT OF  UNDETERMINED  LEAD
 CONTENT  SHALL  BE  PERFORMED  IN  ACCORDANCE WITH SAFE WORK REGULATIONS
 PROMULGATED BY THE COMMISSIONER OF HOUSING AND COMMUNITY  RENEWAL.  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 DIVI-
 SION, THE DEPARTMENT  OF  LABOR,  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
 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, AT REASONABLE TIMES AND UPON APPROPRIATE NOTICE  OF
 NOT LESS THAN FORTY-EIGHT HOURS, ALLOW ACCESS TO AN AFFECTED PROPERTY TO
 THE OWNER TO PERFORM ANY WORK REQUIRED UNDER THIS ARTICLE.
   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
 ARTICLE,  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 OR THE  DEPUTY
 COMMISSIONER'S DESIGNEE.
 S. 2947                            14
 
   § 504. 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 ARTI-
 CLE UNLESS THAT PERSON IS ACCREDITED PURSUANT TO ONE OF THE FOLLOWING:
   (A)  REGULATIONS  ADOPTED  BY  THE  COMMISSIONER  OF LABOR PURSUANT TO
 SECTION NINE HUNDRED FORTY-NINE-B OF THE LABOR LAW GOVERNING THE ACCRED-
 ITATION OF INDIVIDUALS TO ENGAGE IN LEAD-BASED PAINT ACTIVITIES;
   (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 OF HOUSING AND  COMMUNITY  RENEWAL  SHALL,  BY  REGU-
 LATION, 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.
   2.  NO  PERSON  SHALL  CONDUCT  AN INSPECTION REQUIRED BY SECTION FIVE
 HUNDRED ONE OF THIS ARTICLE, UNLESS THAT PERSON IS  ACCREDITED  PURSUANT
 TO ONE OF THE FOLLOWING:
   (A)  REGULATIONS  ADOPTED  BY  THE  COMMISSIONER  OF LABOR PURSUANT TO
 SECTION NINE HUNDRED FORTY-NINE-B OF THE LABOR LAW GOVERNING THE ACCRED-
 ITATION OF INDIVIDUALS TO ENGAGE IN LEAD-BASED PAINT ACTIVITIES; 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. ALL PERSONS ENGAGED IN CONDUCTING INSPECTIONS OR  LEAD-BASED  PAINT
 HAZARD  ABATEMENT  WORK  UNDER  THIS SECTION SHALL SECURE, MAINTAIN, AND
 FILE WITH THE DEPUTY COMMISSIONER PROOF OF A  CERTIFICATE  OF  LIABILITY
 COVERAGE,  WHICH TERMS AND CONDITIONS SHALL BE DETERMINED BY THE COMMIS-
 SIONER OF HOUSING AND COMMUNITY RENEWAL.
   4. ANY VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE  A  MISDE-
 MEANOR.
   §  505. ENFORCEMENT. 1. (A) 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 IN THIS SECTION, FOR THE DISCONTINUANCE OF ANY CONDI-
 TION  FAILING  TO  COMPLY  WITH EITHER THE LEAD-FREE, LEAD-CONTAINED, OR
 LEAD-STABILIZED 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  APPRO-
 PRIATE  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.
   (B)  THE DEPUTY COMMISSIONER SHALL ESTABLISH AND MAINTAIN AN INDEX AND
 FILE CONTAINING ALL NOTICES AND DEMANDS ISSUED PURSUANT TO THIS SECTION.
 S. 2947                            15
 
 SAID INDEX AND FILE SHALL BE MADE PUBLICLY AVAILABLE IN  AN  ACCESSIBLE,
 ELECTRONIC  SEARCHABLE  FORM  ON A WEBSITE MAINTAINED BY THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL.
   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 OF THE CONTINUED FAILURE TO COMPLY AFTER
 THE  EXPIRATION  OF  THIRTY  DAYS  FROM  THE ISSUANCE OF AN ORDER AND/OR
 PENALTY PURSUANT TO THIS SUBDIVISION, THE  DEPUTY  COMMISSIONER  OR  THE
 DEPUTY  COMMISSIONER'S  DESIGNEE SHALL CAUSE THE CONDITION TO BE REMEDI-
 ATED 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 ARTICLE.
   5. THE DEPUTY COMMISSIONER OR DEPUTY COMMISSIONER'S REPRESENTATIVE AND
 AN  OFFICIAL OR AGENCY SPECIFIED IN SUBDIVISION FOUR 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 ARTICLE.
   6.  ANY  VIOLATION  OF THE REQUIREMENTS OF SECTION FIVE HUNDRED ONE OF
 THIS ARTICLE 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 PENAL-
 TIES  THAT  ARE POSSIBLE UNDER SUCH MUNICIPAL OR LOCAL HOUSING CODE. ANY
 SUCH VIOLATION SHALL ALSO CONSTITUTE A RENT IMPAIRING  VIOLATION  WITHIN
 THE  MEANING OF SECTION THREE HUNDRED TWO-A OF THE MULTIPLE DWELLING LAW
 AND SECTION THREE HUNDRED FIVE-A OF  THE  MULTIPLE  RESIDENCE  LAW,  AND
 ENTITLE  THE  TENANT  OF  SUCH DWELLING TO A RENT REBATE OF NO LESS THAN
 FIFTY PERCENT OR ONE THOUSAND DOLLARS PER MONTH, WHICHEVER  IS  GREATER,
 OR  SUCH  GREATER  AMOUNT  AS  A  COURT  OF COMPETENT JURISDICTION SHALL
 IMPOSE.
   7. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED  TO  ALTER  OR
 ABRIDGE  ANY  DUTIES  AND POWERS NOW OR HEREAFTER EXISTING IN THE DEPUTY
 COMMISSIONER, COUNTY BOARDS OF HEALTH, CITY AND COUNTY COMMISSIONERS  OF
 HEALTH,  THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVEL-
 OPMENT AND THE DEPARTMENT OF HEALTH, LOCAL BOARDS  OF  HEALTH  OR  OTHER
 PUBLIC AGENCIES OR PUBLIC OFFICIALS, OR ANY PRIVATE PARTY, INCLUDING THE
 POWER TO IMPOSE MORE STRINGENT MEASURES TO PROTECT PUBLIC HEALTH.
   8.  THE  OFFICE  OF  THE  ATTORNEY  GENERAL  AND ALL LOCAL AUTHORITIES
 RESPONSIBLE FOR THE ENFORCEMENT OF STATE,  MUNICIPAL,  AND  OTHER  LOCAL
 S. 2947                            16

 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 SECTION FIVE HUNDRED  ONE
 OR  SECTION  FIVE  HUNDRED  FOUR OF THIS ARTICLE AND MAY SEEK INJUNCTIVE
 RELIEF WHERE APPROPRIATE.
   9. 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.
   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.    FOR  THE  PURPOSES OF THIS SUBDIVISION, "REMOVAL OF A TENANT"
 SHALL INCLUDE VACATE OR CONDEMNATION ORDERS.
   § 506. INJUNCTIVE RELIEF. 1. IF AN OWNER OF AN AFFECTED PROPERTY FAILS
 TO COMPLY WITH THE REQUIREMENTS OF SECTION  FIVE  HUNDRED  ONE  OR  FIVE
 HUNDRED  TWO  OF THIS ARTICLE, A TENANT, AN OCCUPANT OR OTHER INTERESTED
 PERSONS MAY SEEK INJUNCTIVE RELIEF FROM A COURT OF  COMPETENT  JURISDIC-
 TION  AGAINST  THE OWNER OF THE AFFECTED PROPERTY IN THE FORM OF A COURT
 ORDER TO COMPEL COMPLIANCE. FOR THE PURPOSES OF THIS ARTICLE, A COURT OF
 COMPETENT JURISDICTION SHALL INCLUDE COUNTY COURT, CITY COURT,  DISTRICT
 COURT, TOWN COURT AND VILLAGE COURT.
   2.  IN  ANY ACTION OR PROCEEDING SEEKING INJUNCTIVE RELIEF PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, EITHER (A) THE  VISUALLY  DISPLAYED  OR
 (B)  THE PRINTED COMPUTERIZED FILES OF THE DIVISION, MAINTAINED PURSUANT
 TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED FIVE OF THIS
 ARTICLE INDICATING THE ISSUANCE OF A NOTICE AND DEMAND  ISSUED  PURSUANT
 TO  SECTION  FIVE  HUNDRED  FIVE  OF  THIS  ARTICLE SHALL BE PRIMA FACIE
 EVIDENCE OF ANY MATTER STATED THEREIN AND THE COURTS SHALL TAKE JUDICIAL
 NOTICE THEREOF AS IF SAME WERE CERTIFIED AS  TRUE  UNDER  THE  SEAL  AND
 SIGNATURE OF THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL.
   3. 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  FIVE  HUNDRED  ONE  OF THIS ARTICLE AND HAS FAILED TO BRING THE
 AFFECTED PROPERTY INTO COMPLIANCE WITH THE  APPLICABLE  STANDARDS.  THIS
 NOTICE  TO  THE  OWNER OF THE AFFECTED PROPERTY IS SATISFIED WHEN ANY OF
 THE FOLLOWING HAS OCCURRED:
   (A) A PERSON OR THEIR ATTORNEY, HAS NOTIFIED THE OWNER OF AN  AFFECTED
 PROPERTY  THAT  THE PROPERTY FAILS TO MEET THE REQUIREMENTS OF PARAGRAPH
 (B) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED ONE OF THIS ARTICLE;
   (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 ARTICLE OCCURRING WITHIN AN AFFECTED PROPERTY  OR  OF
 THE FAILURE TO REGISTER AND FILE REPORTS AS REQUIRED BY THIS ARTICLE; OR
   (C)  A  CRIMINAL  OR  CIVIL  ACTION  PURSUANT TO THIS ARTICLE HAS BEEN
 BROUGHT BY EITHER STATE OR LOCAL ENFORCEMENT OFFICIALS TO  ENFORCE  THIS
 ARTICLE.
 S. 2947                            17
 
   4.  THE  NOTICE REQUIREMENT OF SUBDIVISION THREE OF THIS SECTION SHALL
 NOT APPLY  WITH  RESPECT  TO  APPLICATIONS  FOR  PRELIMINARY  INJUNCTIVE
 RELIEF.
   5.  A TENANT OR OCCUPANT OR OTHER INTERESTED PERSON WHO PREVAILS IN AN
 ACTION TO ENFORCE THE PROVISIONS OF THIS ARTICLE 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.
   6.  THE  REMOVAL OF AN OCCUPANT OR TENANT FROM OR THE SURRENDER BY THE
 OCCUPANT OR TENANT OF A DWELLING WITH RESPECT TO WHICH AN INJUNCTION HAS
 BEEN ISSUED PURSUANT TO THIS  SECTION  SHALL  NOT  ABSOLVE,  RELIEVE  OR
 DISCHARGE  ANY  PERSONS  CHARGEABLE  THEREWITH  FROM  THE OBLIGATION AND
 RESPONSIBILITY TO COMPLY WITH ANY ORDERS TO COMPLY  WITH  THIS  ARTICLE.
 FOR THE PURPOSES OF THIS SUBDIVISION, "REMOVAL OF AN OCCUPANT OR TENANT"
 SHALL INCLUDE VACATE OR CONDEMNATION ORDERS.
   7.  CASES BROUGHT BEFORE THE COURT UNDER THIS SECTION SHALL BE GRANTED
 AN ACCELERATED HEARING.
   8. 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.
   § 507. RETALIATORY EVICTIONS PROHIBITED. 1. AN OWNER  OF  AN  AFFECTED
 PROPERTY  MAY  NOT EVICT OR TAKE ANY OTHER RETALIATORY ACTION AGAINST AN
 OCCUPANT OR TENANT IN RESPONSE TO THE ACTIONS OF THE OCCUPANT, TENANT OR
 OTHER PERSONS IN:
   (A) PROVIDING INFORMATION TO THE OWNER OF THE AFFECTED  PROPERTY,  THE
 COMMISSIONER  OF  HOUSING  AND  COMMUNITY  RENEWAL,  THE COMMISSIONER OF
 HEALTH, OR THE DESIGNEE OF EITHER OF THESE OFFICIALS, A LOCAL OR MUNICI-
 PAL 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  WHO RESIDES OR HAS RECENTLY RESIDED IN THAT
 DWELLING; OR
   (B) ENFORCING ANY OF HIS OR HER RIGHTS UNDER THIS ARTICLE.
   2. AN OWNER OF AN AFFECTED PROPERTY MAY NOT EVICT OR  TAKE  ANY  OTHER
 RETALIATORY ACTION AGAINST AN OCCUPANT IN RESPONSE TO THE ACTIONS OF ANY
 STATE OR LOCAL AGENCY TO ENFORCE THE PROVISIONS OF THIS ARTICLE.
   3.  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
 OCCUPANT IS ENTITLED; OR
   (D) ANY FORM OF CONSTRUCTIVE EVICTION.
   4. AN OCCUPANT 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 ELIGI-
 BLE FOR REASONABLE ATTORNEYS' FEES AND COSTS.
   § 508. LEAD POISONING PREVENTION FEE. 1. BEGINNING ON  JANUARY  FIRST,
 TWO  THOUSAND  TWENTY-FOUR,  A FEE IS IMPOSED ON MANUFACTURERS OR WHOLE-
 SALERS OF PAINT SOLD IN THE STATE TO SUPPORT  THE  RESIDENTIAL  PROPERTY
 LEAD-BASED PAINT HAZARD ABATEMENT REVOLVING LOAN FUND ESTABLISHED PURSU-
 ANT TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW. THE FEE SHALL BE
 IMPOSED  AT THE MANUFACTURER OR WHOLESALER LEVEL, IN THE AMOUNT OF FIFTY
 CENTS PER GALLON OF PAINT ESTIMATED TO HAVE BEEN SOLD WITHIN  THE  STATE
 DURING THE PRIOR YEAR, AS DETERMINED BY RULE ADOPTED BY THE DIVISION.
 S. 2947                            18
 
   2. THE DIVISION SHALL ADOPT RULES TO IMPLEMENT THIS SECTION, INCLUDING
 RULES  TO  DETERMINE WHICH MANUFACTURERS OR WHOLESALERS OF PAINT SOLD IN
 THE STATE ARE RESPONSIBLE FOR THE FEES IMPOSED UNDER SUBDIVISION ONE  OF
 THIS  SECTION  AND RULES ESTABLISHING THE ESTIMATED NUMBER OF GALLONS OF
 PAINT  SOLD  IN  THE  STATE  IN THE PRIOR YEAR FOR EACH MANUFACTURER AND
 RULES DETERMINING THE MANNER OF PAYMENT. THE  RULES  SHALL  PROVIDE  FOR
 WAIVERS  OF  PAYMENT  FOR MANUFACTURERS AND WHOLESALERS OF PAINT THAT IS
 SOLD IN LOW QUANTITIES IN THE STATE. THE COSTS FOR ADMINISTRATION OF THE
 RESIDENTIAL PROPERTY LEAD-BASED PAINT HAZARD  ABATEMENT  REVOLVING  LOAN
 FUND MAY BE REIMBURSED FROM THE FEES COLLECTED.
   3.  THE  ATTORNEY  GENERAL  SHALL  ENFORCE  PAYMENT OF FEES UNDER THIS
 SECTION THROUGH AN ACTION IN THE SUPREME COURT IN ALBANY COUNTY AND  MAY
 COLLECT COSTS AND ATTORNEYS' FEES.
   §  509.  DESIGNATION  OF  EXEMPT MUNICIPALITIES; MINIMUM STANDARDS FOR
 LEAD-BASED PAINT POISONING PREVENTION PROGRAMS. 1. THE  COMMISSIONER  OF
 HOUSING  AND  COMMUNITY  RENEWAL  MAY,  BY  REGULATION,  DESIGNATE AS AN
 "EXEMPT MUNICIPALITY" SUCH OTHER MUNICIPALITIES THAT  ENACT  LOCAL  LAWS
 FOR THE PREVENTION OF CHILDHOOD LEAD POISONING THAT CONTAIN AT LEAST ALL
 OF THE FOLLOWING ELEMENTS:
   (A)  PROVIDE  THAT  RESIDENTIAL PROPERTY UNITS RENTED TO FAMILIES WITH
 CHILDREN UNDER AGE SEVEN SHALL:
   (I) BE MAINTAINED FREE OF CONDITIONS THAT WOULD CONSTITUTE A CONDITION
 CONDUCIVE TO LEAD POISONING; AND
   (II) BE INSPECTED EITHER BY APPROPRIATELY-TRAINED AND ACCREDITED LOCAL
 GOVERNMENTAL INSPECTORS NO LESS FREQUENTLY THAN EVERY TWO YEARS,  OR  BY
 PROPERTY  OWNERS NO LESS FREQUENTLY THAN EVERY YEAR, FOR THE PRESENCE OF
 CONDITIONS CONDUCIVE TO LEAD POISONING, AND PROVIDE THAT THE RESULTS  OF
 SUCH  INSPECTIONS  SHALL BE PROVIDED IN WRITING TO THE OCCUPANTS OF SUCH
 DWELLINGS AND MAINTAINED FOR TEN YEARS.
   (B) PROVIDE FOR THE INSPECTION FOR, AND REMOVAL OF, CONDITIONS  CONDU-
 CIVE TO LEAD POISONING PRIOR TO THE RENTING OF RESIDENTIAL PROPERTIES.
   (C) PROVIDE THAT ANY ACTIVITIES THAT DISTURB LEAD-BASED PAINT OR PAINT
 OF  UNKNOWN  LEAD  CONTENT  IN DWELLINGS OR DWELLING UNITS WITH CHILDREN
 UNDER AGE SEVEN, AND THE COMMON AREAS OF SUCH  DWELLINGS,  BE  PERFORMED
 ONLY  BY  PERSONNEL WHO HAVE MET THE REQUIREMENTS ESTABLISHED IN SECTION
 FIVE HUNDRED THREE OF THIS ARTICLE.
   (D) PROVIDE A PRIVATE RIGHT OF ACTION  BY  TENANTS  OR  OCCUPANTS  FOR
 VIOLATIONS OF SUCH LOCAL LAW.
   2.  NOTWITHSTANDING  ANY  LOCAL  LAW  TO  THE  CONTRARY, NO LOCAL LEAD
 POISONING PREVENTION LAW OR PROGRAM MAY EMPLOY STANDARDS FOR "LEAD-BASED
 PAINT," "LEAD-CONTAMINATED DUST," AND "SOIL-LEAD HAZARD" THAT  ARE  LESS
 PROTECTIVE OF PUBLIC HEALTH THAN THOSE SET FORTH IN SECTION FIVE HUNDRED
 ONE  OF THIS ARTICLE OR SUCH MORE STRINGENT LEVELS ADOPTED BY REGULATION
 BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   § 510. REPORTING. 1. WITHIN THREE MONTHS AFTER THE CLOSE OF THE FISCAL
 YEAR, THE DEPUTY COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF
 HEALTH AND COMMISSIONER OF LABOR OR HER OR HIS DESIGNEE, SHALL REPORT TO
 THE  ADVISORY  COUNCIL ESTABLISHED IN SECTION THIRTEEN HUNDRED SEVENTY-B
 OF THE PUBLIC HEALTH LAW ON THE IMPLEMENTATION OF  THIS  ARTICLE  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  DIVISION'S  PROGRAM, SUPPORTED BY A STATISTICAL
 SECTION WITH GEOGRAPHIC INDEXING DESIGNED TO PROVIDE A DETAILED EXPLANA-
 TION OF THE DIVISION'S ENFORCEMENT, INCLUDING BUT  NOT  LIMITED  TO  THE
 FOLLOWING:
 S. 2947                            19
 
   (A)  THE  NUMBER  OF DWELLING UNITS INSPECTED BY THE DIVISION OR OTHER
 STATE OR LOCAL AGENCY PURSUANT  TO  THIS  ARTICLE,  AND  THE  NUMBER  OF
 INSPECTORS ASSIGNED TO CONDUCT SUCH INSPECTIONS;
   (B)  THE  NUMBER OF DWELLING UNITS IN WHICH THE OCCUPANT COMPLAINED OF
 VIOLATIONS OF THIS ARTICLE AND THE NUMBER OF DWELLING UNITS IN WHICH THE
 EXISTENCE OF SUCH CONDITIONS WERE CONFIRMED BY  THE  DIVISION  OR  OTHER
 STATE OR LOCAL AGENCY;
   (C)  A  STATISTICAL PROFILE OF DWELLINGS IN WHICH VIOLATIONS HAVE BEEN
 PLACED PURSUANT TO THIS TITLE AND PURSUANT TO THIS  ARTICLE,  INDICATING
 THE  AGES  OF THE DWELLINGS AND OTHER FACTORS RELEVANT TO THE PREVALENCE
 OF LEAD-BASED PAINT HAZARDS, WHICH MAY INCLUDE THE PRIOR LEAD POISONINGS
 OR REPORTS OF PERSONS WITH ELEVATED BLOOD LEAD LEVELS IN  THE  DWELLING,
 OUTSTANDING  VIOLATIONS, EMERGENCY REPAIR CHARGES, TAX ARREARS AND MORT-
 GAGE DEBT;
   (D) AN EVALUATION OF THE  DIVISION'S  CAPABILITY  TO  TIMELY  INSPECT,
 SERVE A NOTICE OF VIOLATION, AND ENFORCE THE CORRECTION OF VIOLATIONS;
   (E)  THE  ENFORCEMENT ACTIONS BROUGHT PURSUANT TO SECTION FIVE HUNDRED
 FIVE OF THIS ARTICLE, THE IDENTITY OF THE OWNERS OF THE AFFECTED PROPER-
 TIES, THE AUTHORITY BRINGING THE ENFORCEMENT ACTION, THE NATURE  OF  THE
 ACTION, AND DESCRIBING THE CRIMINAL PENALTIES AND/OR CIVIL RELIEF; AND
   (F)  AN  EVALUATION  OF  THE DIVISION'S IMPLEMENTATION OF A PROGRAM OF
 INSPECTION PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS ARTICLE.
   2. THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL DESIGNATE A
 DEPUTY COMMISSIONER RESPONSIBLE FOR FULFILLING THE  OBJECTIVES  OF  THIS
 TITLE WHEN SUCH OBJECTIVES INVOLVE THE RESPONSIBILITIES OF THE DIVISION.
   §  4. The labor law is amended by adding a new article 32-A to read as
 follows:
                               ARTICLE 32-A
           NEW YORK LICENSING OF LEAD INSPECTORS AND CONTRACTORS
 SECTION 949-A. DEFINITIONS.
         949-B. ACCREDITATION OF INSPECTORS  AND  CONTRACTORS  PERFORMING
                  LEAD-BASED PAINT ACTIVITIES.
   § 949-A. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "ABATEMENT" MEANS ANY MEASURE OR SET OF MEASURES DESIGNED TO PERMA-
 NENTLY  ELIMINATE  LEAD-BASED  PAINT  HAZARDS,  AS DEFINED BY THE UNITED
 STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO  40  CFR  745.220  OR
 SUCCESSOR REGULATION.
   2.  "DETERIORATED PAINT" MEANS ANY INTERIOR OR EXTERIOR PAINT OR OTHER
 COATING THAT IS CURLING, SCALING, FLAKING,  BLISTERING,  PEELING,  CHIP-
 PING,  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.
   3. "DETERIORATED SUBSURFACE" SHALL MEAN AN UNSTABLE OR UNSOUND PAINTED
 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.
   4.  "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.
   5.  "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
 S. 2947                            20
 
 IN  RELATIVE MOTION. FRICTION SURFACES SHALL INCLUDE, BUT NOT BE LIMITED
 TO, WINDOW FRAMES AND JAMBS, DOORS, AND HINGES.
   6. "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.
   7. "INSPECTION" MEANS A SURFACE-BY-SURFACE INVESTIGATION IN A DWELLING
 TO  DETERMINE  THE  PRESENCE  OF LEAD-BASED PAINT AND THE PROVISION OF A
 REPORT EXPLAINING THE RESULTS OF THE INVESTIGATION.
   8. "LEAD-BASED PAINT" MEANS PAINT OR  OTHER  SIMILAR  SURFACE  COATING
 MATERIAL  CONTAINING  0.5  MILLIGRAMS  OF  LEAD PER SQUARE CENTIMETER OR
 GREATER, AS DETERMINED BY LABORATORY ANALYSIS OF PAINT SAMPLES WITH  ALL
 LAYERS  OF  PAINT  PRESENT,  OR BY AN X-RAY FLUORESCENCE ANALYZER. IF AN
 X-RAY FLUORESCENCE ANALYZER IS USED, READINGS  SHALL  BE  CORRECTED  FOR
 SUBSTRATE BIAS WHEN NECESSARY AS SPECIFIED BY THE PERFORMANCE CHARACTER-
 ISTIC  SHEETS  RELEASED  BY  THE  UNITED STATES ENVIRONMENTAL PROTECTION
 AGENCY (EPA) AND THE UNITED  STATES  DEPARTMENT  OF  HOUSING  AND  URBAN
 DEVELOPMENT  (HUD)  FOR  THE  SPECIFIC X-RAY FLUORESCENCE ANALYZER USED.
 X-RAY FLUORESCENCE READINGS SHALL BE CLASSIFIED AS POSITIVE, NEGATIVE OR
 INCONCLUSIVE IN ACCORDANCE WITH THE UNITED STATES DEPARTMENT OF  HOUSING
 AND URBAN DEVELOPMENT GUIDELINES FOR THE EVALUATION AND CONTROL OF LEAD-
 BASED  PAINT  HAZARDS IN HOUSING (JULY 2012) AND THE PERFORMANCE CHARAC-
 TERISTIC SHEETS RELEASED BY THE EPA FOR THE SPECIFIC X-RAY  FLUORESCENCE
 ANALYZER  USED.  X-RAY FLUORESCENCE READINGS THAT FALL WITHIN THE INCON-
 CLUSIVE 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 LABORATORY ANALYSIS SHALL BE DEFINITIVE. IF LABORATORY ANALYSIS
 IS USED TO DETERMINE LEAD CONTENT, RESULTS SHALL BE REPORTED  IN  MILLI-
 GRAMS  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
 0.25% OF METALLIC LEAD, BASED ON THE NON-VOLATILE CONTENT OF  THE  PAINT
 OR  OTHER SIMILAR SURFACE-COATING MATERIAL. IN THE EVENT THAT THE EPA OR
 A SUCCESSOR AGENCY, OR THE HUD OR A SUCCESSOR AGENCY, OR A DEPARTMENT OR
 AGENCY OF THE STATE OF NEW YORK THAT HAS  OBTAINED  APPLICABLE  AUTHORI-
 ZATION PURSUANT TO 40 C.F.R. PART 745 SUBPART Q OR SUCCESSOR REGULATION,
 ADOPTS  MORE STRINGENT DEFINITIONS OF LEAD-BASED PAINT, SUCH MORE STRIN-
 GENT DEFINITIONS SHALL APPLY FOR THE PURPOSES OF THIS ARTICLE.
   9. "LEAD-BASED  PAINT  ACTIVITIES"  MEANS,  IN  THE  CASE  OF  HOUSING
 CONSTRUCTED  BEFORE  NINETEEN  SEVENTY-EIGHT, AND CHILD-OCCUPIED FACILI-
 TIES, INSPECTION, RISK ASSESSMENT, AND ABATEMENT.
   10. "LEAD-BASED PAINT HAZARD" MEANS ANY CONDITION IN, OR PROXIMATE TO,
 A DWELLING OR DWELLING UNIT THAT CAUSES EXPOSURE TO LEAD FROM  LEAD-CON-
 TAMINATED  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.
   11. "LEAD-CONTAMINATED DUST" MEANS SURFACE DUST THAT CONTAINS  A  MASS
 PER  AREA  CONCENTRATION  OF LEAD EQUAL TO OR EXCEEDING 5 MICROGRAMS PER
 SQUARE FOOT ("UG/FT2") ON FLOORS, OR 40 UG/FT2 ON  INTERIOR  WINDOWSILLS
 BASED ON WIPE SAMPLE, OR 100 UG/FT2 ON WINDOW WELLS, OR SUCH MORE STRIN-
 GENT  STANDARDS  AS MAY BE ADOPTED BY THE COMMISSIONER OF HEALTH, EXCEPT
 THAT, IF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR A  SUCCES-
 S. 2947                            21
 
 SOR  AGENCY, OR THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVEL-
 OPMENT OR A SUCCESSOR AGENCY, ADOPTS MORE STRINGENT DEFINITIONS OF LEAD-
 CONTAMINATED DUST, SUCH DEFINITIONS SHALL APPLY FOR THE PURPOSES OF THIS
 ARTICLE.
   12.  "RISK ASSESSMENT" MEANS (A) AN ON-SITE INVESTIGATION TO DETERMINE
 THE EXISTENCE,  NATURE,  SEVERITY,  AND  LOCATION  OF  LEAD-BASED  PAINT
 HAZARDS, AND (B) THE PROVISION OF A REPORT BY THE INDIVIDUAL OR THE FIRM
 CONDUCTING  THE  RISK ASSESSMENT, EXPLAINING THE RESULTS OF THE INVESTI-
 GATION AND OPTIONS FOR REDUCING LEAD-BASED PAINT HAZARDS.
   § 949-B. ACCREDITATION OF INSPECTORS AND CONTRACTORS PERFORMING  LEAD-
 BASED PAINT ACTIVITIES. THE COMMISSIONER SHALL ADOPT REGULATIONS, SUFFI-
 CIENT  TO  SATISFY  THE  REQUIREMENTS  OF 40 C.F.R. 745.325 OR SUCCESSOR
 REGULATION, GOVERNING (A) PROCEDURES AND REQUIREMENTS FOR  THE  ACCREDI-
 TATION  OF LEAD-BASED PAINT ACTIVITIES TRAINING PROGRAMS, (B) PROCEDURES
 AND REQUIREMENTS FOR THE CERTIFICATION OF INDIVIDUALS ENGAGED  IN  LEAD-
 BASED  PAINT  ACTIVITIES, (C) WORK PRACTICE STANDARDS FOR THE CONDUCT OF
 LEAD-BASED PAINT ACTIVITIES, (D) REQUIREMENTS THAT ALL LEAD-BASED  PAINT
 ACTIVITIES  BE CONDUCTED BY APPROPRIATELY CERTIFIED CONTRACTORS, AND (E)
 DEVELOPMENT OF THE APPROPRIATE INFRASTRUCTURE OR GOVERNMENT CAPACITY  TO
 EFFECTIVELY  CARRY  OUT  CLEAR ENFORCEMENT MECHANISMS AND PROCEDURES FOR
 UNANNOUNCED COMPLIANCE INSPECTIONS OF PROPERTIES AND FOR  RESPONDING  TO
 COMPLAINTS.
   §  5.  The tax law is amended by adding a new section 187-r to read as
 follows:
   § 187-R. LEAD HAZARD REDUCTION TAX CREDIT. 1. TAX  CREDIT  FOR  ACTIV-
 ITIES  RESULTING IN LEAD-FREE OR LEAD-CONTAINED STATUS. A TAXPAYER SHALL
 BE ALLOWED A CREDIT AGAINST TAXES IMPOSED BY THIS ARTICLE FOR ACTIVITIES
 NECESSARY TO BRING ANY AFFECTED PROPERTY  INTO  LEAD-FREE  OR  LEAD-CON-
 TAINED STATUS WITHIN THE MEANING OF SECTION FIVE HUNDRED ONE OF THE REAL
 PROPERTY LAW, PROVIDED THAT THE TAXPAYER COMPLIES WITH THE DOCUMENTATION
 REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
   2.  TAX CREDIT FOR MULTIPLE DWELLING UNITS LOCATED WITHIN EXEMPT MUNI-
 CIPALITIES. A TAXPAYER ALSO SHALL BE ELIGIBLE FOR THE TAX  CREDIT  UNDER
 SUBDIVISION  ONE  OF  THIS SECTION IF A DWELLING UNIT THAT SATISFIES ALL
 THE REQUIREMENTS FOR AN AFFECTED PROPERTY CONTAINED IN  SUBDIVISION  TWO
 OF  SECTION FIVE HUNDRED OF THE REAL PROPERTY LAW BUT SUCH DWELLING UNIT
 IS LOCATED IN AN EXEMPT MUNICIPALITY WITHIN THE MEANING OF SECTION  FIVE
 HUNDRED  OF  THE  REAL  PROPERTY  LAW.  IN SUCH CASE, THE TAXPAYER SHALL
 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  TAXES
 IMPOSED BY THIS ARTICLE FOR THE COSTS OF CERTAIN ACTIVITIES NECESSARY TO
 BRING ANY AFFECTED PROPERTY INTO LEAD-STABILIZED STATUS WITHIN THE MEAN-
 ING  OF SECTION FIVE HUNDRED ONE OF THE REAL PROPERTY LAW, PROVIDED THAT
 THE EXPECTED USEFUL LIFE OF SUCH RENOVATIONS IS TEN YEARS  OR  MORE  AND
 THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS OF SUBDIVISION
 FOUR  OF THIS SECTION. THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL
 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 DWELL-
 ING UNITS CONTAINED IN MULTIPLE DWELLINGS, AS DEFINED IN SECTION FOUR OF
 THE MULTIPLE DWELLING LAW, IN AN EXEMPT MUNICIPALITY WITHIN THE  MEANING
 OF  SECTION  FIVE  HUNDRED  OF THE REAL PROPERTY LAW, SHALL BE ALLOWED A
 CREDIT UNDER THIS SUBDIVISION PROVIDED THAT THE TAXPAYER  COMPLIES  WITH
 S. 2947                            22
 
 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 SUBDIVISIONS ONE, TWO OR THREE OF THIS SECTION UNLESS  THE
 TAXPAYER PROVIDES DOCUMENTATION TO THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL THAT:
   (A) THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN PERFORMED BY A CONTRACTOR
 ACCREDITED  PURSUANT  TO  SECTION FIVE HUNDRED FOUR OF THE REAL PROPERTY
 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 FIVE HUNDRED FOUR OF THE  REAL
 PROPERTY LAW, THAT THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN COMPLETED IN
 ACCORDANCE WITH ALL APPLICABLE REQUIREMENTS AND THAT EITHER:
   (I)  WHERE  APPLICABLE, THE AFFECTED PROPERTY OR PROPERTY UNIT CAN NOW
 BE CERTIFIED AS EITHER LEAD-FREE OR LEAD-CONTAINED  UNDER  SECTION  FIVE
 HUNDRED ONE OF THE REAL PROPERTY LAW; OR
   (II) WHERE APPLICABLE, THE AFFECTED PROPERTY HAS UNDERGONE RENOVATIONS
 THAT  SATISFY THE REQUIREMENTS ESTABLISHED BY REGULATION BY THE DIVISION
 OF HOUSING AND COMMUNITY RENEWAL  AS  ACTIVITIES  NECESSARY  TO  ACHIEVE
 LEAD-STABILIZED  STATUS  WITH  AN  EXPECTED USEFUL LIFE OF MORE THAN TEN
 YEARS.
   5. AMOUNT OF CREDIT. THE TAX CREDIT SHALL BE EQUAL TO THE AMOUNT ACTU-
 ALLY PAID FOR THE ACTIVITIES DESCRIBED IN THIS SUBDIVISION UP TO A MAXI-
 MUM OF THREE THOUSAND DOLLARS PER AFFECTED PROPERTY FOR A CREDIT ALLOWED
 UNDER EITHER SUBDIVISION ONE OR TWO OF THIS SECTION OR A MAXIMUM OF  ONE
 THOUSAND  FIVE  HUNDRED  DOLLARS  FOR A CREDIT ALLOWED UNDER SUBDIVISION
 THREE OF THIS SECTION.
   6. 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.
   § 6. Section 606 of the tax law is amended by adding a new  subsection
 (ooo) to read as follows:
   (OOO)  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 SECTION FIVE HUNDRED ONE OF
 THE REAL PROPERTY LAW, PROVIDED THAT  THE  TAXPAYER  COMPLIES  WITH  THE
 DOCUMENTATION REQUIREMENTS OF PARAGRAPH FOUR OF THIS SUBSECTION.
   (2)  TAX CREDIT FOR SIMILAR DWELLING UNITS LOCATED WITHIN EXEMPT MUNI-
 CIPALITIES WITHIN THE MEANING OF SECTION FIVE HUNDRED OF THE REAL  PROP-
 ERTY  LAW.  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 PROPERTY CONTAINED IN SUBDIVISION TWO
 OF SECTION FIVE HUNDRED OF THE REAL PROPERTY LAW BUT SUCH DWELLING  UNIT
 IS  LOCATED IN AN EXEMPT MUNICIPALITY WITHIN THE MEANING OF SECTION FIVE
 HUNDRED OF THE REAL PROPERTY LAW.  IN  SUCH  CASE,  THE  TAXPAYER  SHALL
 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  TAXES
 S. 2947                            23
 
 IMPOSED BY THIS ARTICLE FOR THE COSTS OF CERTAIN ACTIVITIES NECESSARY TO
 BRING ANY AFFECTED PROPERTY INTO LEAD-STABILIZED STATUS WITHIN THE MEAN-
 ING  OF SECTION FIVE HUNDRED ONE OF THE REAL PROPERTY LAW, PROVIDED THAT
 THE  EXPECTED  USEFUL  LIFE OF SUCH RENOVATIONS IS TEN YEARS OR MORE AND
 THE TAXPAYER COMPLIES WITH THE DOCUMENTATION REQUIREMENTS  OF  PARAGRAPH
 FOUR  OF  THIS  SUBSECTION.  THE  COMMISSIONER  OF HOUSING AND COMMUNITY
 RENEWAL 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 AN EXEMPT MUNICIPALITY WITHIN THE
 MEANING OF SECTION FIVE HUNDRED OF THE REAL PROPERTY LAW ALSO  SHALL  BE
 ALLOWED  A  CREDIT  UNDER  THIS  PARAGRAPH  PROVIDED  THAT  THE TAXPAYER
 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 DIVISION OF HOUSING AND COMMUNITY
 RENEWAL THAT:
   (A) THE ACTIVITIES DESCRIBED ABOVE HAVE BEEN PERFORMED BY A CONTRACTOR
 ACCREDITED  PURSUANT  TO  SECTION FIVE HUNDRED FOUR OF THE REAL PROPERTY
 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 FIVE HUNDRED FOUR OF THE  REAL
 PROPERTY 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 FIVE HUNDRED ONE OF THE
 REAL PROPERTY LAW; OR
   (II) WHERE APPLICABLE, THE AFFECTED PROPERTY HAS UNDERGONE RENOVATIONS
 THAT SATISFY THE REQUIREMENTS ESTABLISHED BY REGULATION BY THE  DIVISION
 OF  HOUSING  AND  COMMUNITY  RENEWAL  AS ACTIVITIES NECESSARY TO ACHIEVE
 LEAD-STABILIZED STATUS WITH AN EXPECTED USEFUL LIFE  OF  MORE  THAN  TEN
 YEARS.
   (5)  THE  TAX CREDIT PURSUANT TO THIS SUBSECTION SHALL BE AVAILABLE TO
 SOMEONE WHO OWNS AND OCCUPIES HIS OR HER OWN DWELLING UNIT IN  THE  SAME
 MANNER  AND  TO  THE  SAME  EXTENT AS IT IS AVAILABLE TO THE OWNER OF AN
 AFFECTED PROPERTY WHO LEASES THE PREMISES.
   (6) AMOUNT OF CREDIT. THE TAX CREDIT SHALL  BE  EQUAL  TO  THE  AMOUNT
 ACTUALLY  PAID  FOR  THE ACTIVITIES DESCRIBED IN THIS SUBSECTION UP TO A
 MAXIMUM OF THREE THOUSAND DOLLARS PER AFFECTED  PROPERTY  FOR  A  CREDIT
 ALLOWED  UNDER EITHER PARAGRAPH ONE OR TWO OF THIS SUBSECTION OR A MAXI-
 MUM OF ONE THOUSAND FIVE HUNDRED DOLLARS  FOR  A  CREDIT  ALLOWED  UNDER
 PARAGRAPH THREE OF THIS SUBSECTION.
   (7)  APPLICATION  OF  CREDIT. ANY AMOUNT OF TAX CREDIT NOT USED IN THE
 TAXABLE YEAR OF CERTIFICATION MAY BE CARRIED FORWARD AND APPLIED TO  THE
 INDIVIDUAL'S  TAX  LIABILITY  FOR ANY ONE OR MORE OF THE SUCCEEDING FIVE
 TAXABLE YEARS. THE CREDIT MAY NOT BE APPLIED  UNTIL  ALL  OTHER  CREDITS
 AVAILABLE TO THE TAXPAYER FOR THAT TAXABLE YEAR HAVE BEEN APPLIED.
   § 7. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   §  99-QQ.  RESIDENTIAL  PROPERTY  LEAD-BASED  PAINT  HAZARD  ABATEMENT
 REVOLVING LOAN FUND. 1. THERE IS CREATED, AS A SEPARATE FUND WITHIN  THE
 S. 2947                            24
 
 GENERAL  FUND,  IN  THE CUSTODY OF THE COMPTROLLER 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, FEES COLLECTED PURSU-
 ANT TO SECTION FIVE HUNDRED EIGHT OF THE REAL PROPERTY LAW, 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 PROPER-
 TIES IN MEETING THE STANDARDS FOR  EITHER  LEAD-FREE  OR  LEAD-CONTAINED
 CERTIFICATION  PURSUANT TO SECTION FIVE HUNDRED ONE OF THE REAL PROPERTY
 LAW, OR, FOR MULTIPLE DWELLINGS IN AN  EXEMPT  MUNICIPALITY  WITHIN  THE
 MEANING  OF  SECTION  FIVE  HUNDRED OF THE REAL PROPERTY LAW, 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, INTERESTS ON SUCH
 LOANS, AND FEES THAT THE STATE OF NEW  YORK  CAN  REASONABLY  EXPECT  TO
 CHARGE  UNDER  THE  PROVISIONS  OF ARTICLE NINETEEN OF THE REAL PROPERTY
 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 COMMISSIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, TO
 THE OWNERS OF AFFECTED PROPERTIES INCLUDING THOSE LOCATED WITHIN  EXEMPT
 MUNICIPALITIES  WITHIN  THE  MEANING OF SECTION FIVE HUNDRED OF THE REAL
 PROPERTY LAW, AND TO NON-PROFIT ORGANIZATIONS FOR THE PURPOSE OF  BRING-
 ING  AFFECTED  PROPERTIES  INTO  COMPLIANCE WITH THE STANDARDS FOR LEAD-
 FREE, LEAD-CONTAINED, OR LEAD-STABILIZED PROPERTY STATUS AS SPECIFIED BY
 SECTION FIVE HUNDRED ONE OF THE REAL  PROPERTY  LAW,  OR,  FOR  MULTIPLE
 DWELLINGS  IN  AN EXEMPT MUNICIPALITY WITHIN THE MEANING OF SECTION FIVE
 HUNDRED OF THE REAL PROPERTY LAW, 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  PROPER-
 TY.
   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.
 S. 2947                            25

   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.
   §  8.    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-SIX OF SECTION FIVE HUNDRED OF THE REAL PROPERTY
 LAW, or a serious threat to the life,  health  or  safety  of  occupants
 thereof.
   §  9.  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-SIX OF SECTION FIVE HUNDRED  OF
 THE REAL PROPERTY LAW, or a serious threat to the life, health or safety
 of occupants thereof.
   § 10. 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 ONE HUNDRED DOLLARS FOR EFFICIENCY OR ONE-BEDROOM  UNITS;  ONE
 HUNDRED  FIFTY  DOLLARS  FOR  TWO-BEDROOM UNITS; TWO HUNDRED DOLLARS FOR
 THREE-BEDROOM UNITS; AND TWO HUNDRED FIFTY 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
 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.
   §  11.  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  OR  SHE  has
 knowledge that there exists or there is outstanding any violation of law
 in  respect  to the building containing the housing accommodations occu-
 pied 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
 S. 2947                            26
 
 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 FIVE  HUNDRED  FOUR
 OF  THE REAL PROPERTY LAW, AND DETERMINED TO BE FREE OF LEAD-BASED PAINT
 HAZARDS, AS DEFINED BY SUBDIVISION TWENTY-SIX OF SECTION FIVE HUNDRED OF
 THE REAL PROPERTY LAW, AND UNLESS SUCH AGENCY HAS FIRST OBTAINED  APPRO-
 PRIATE  DOCUMENTATION  ACCEPTABLE TO THE COMMISSIONER THAT SUCH DWELLING
 UNIT IS IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION FIVE HUNDRED  ONE
 OF  THE REAL PROPERTY LAW, OR, FOR MULTIPLE DWELLINGS IN AN EXEMPT MUNI-
 CIPALITY WITHIN THE MEANING OF SECTION FIVE HUNDRED OF THE REAL PROPERTY
 LAW, 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.
   §  12. Section 390-a of the social services law is amended by adding a
 new subdivision 2-a to read as follows:
   2-A. 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 FIVE HUNDRED ONE OF THE REAL  PROPERTY  LAW,  OR,  FOR  MULTIPLE
 DWELLINGS  IN AN EXEMPT MUNICIPALITY WITHIN THE MEANING OF SECTION FIVE-
 HUNDRED OF THE REAL PROPERTY LAW, WITH ALL  LOCAL  LAWS  CONCERNING  THE
 CONTROL  OF  LEAD-BASED  PAINT  HAZARDS  THAT APPLY TO MULTIPLE DWELLING
 UNITS WHERE CHILDREN RESIDE.
   § 13. Subdivision 2 of section 1370  of  the  public  health  law,  as
 amended  by  chapter  485  of  the  laws  of 1992, is amended to read as
 follows:
   2. "Area of high risk" means an area designated as such by the commis-
 sioner or his OR HER representative, IN CONJUNCTION WITH THE COMMISSION-
 ER OF HOUSING AND COMMUNITY RENEWAL,  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.
   § 14. Section 1370-a of the public health law is amended by adding two
 new subdivisions 4 and 5 to read as follows:
   4.  THE  DEPARTMENT SHALL, IN CONJUNCTION WITH THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL PURSUANT TO SECTION FIVE HUNDRED TWO OF  THE  REAL
 PROPERTY  LAW,  IDENTIFY  AND DESIGNATE AS AREAS OF HIGH RISK ANY CENSUS
 TRACT OR BLOCK GROUP IN THE STATE IN WHICH DURING ANY SINGLE YEAR,  MORE
 THAN  TWENTY-FIVE CHILDREN HAVE BEEN IDENTIFIED WITH ELEVATED BLOOD LEAD
 LEVELS.
   5. WITHIN THREE MONTHS AFTER THE CLOSE OF THE FISCAL YEAR, THE COMMIS-
 SIONER, IN COLLABORATION WITH THE DEPUTY COMMISSIONER OF THE DIVISION OF
 S. 2947                            27

 HOUSING AND COMMUNITY RENEWAL, SHALL  REPORT  TO  THE  ADVISORY  COUNCIL
 ESTABLISHED  IN  SECTION THIRTEEN 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, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
   (A)  A  STATISTICAL PROFILE OF DWELLINGS IN WHICH VIOLATIONS HAVE BEEN
 PLACED PURSUANT TO THIS TITLE AND PURSUANT TO ARTICLE  NINETEEN  OF  THE
 REAL  PROPERTY  LAW,  INDICATING  THE  AGES  OF  THE DWELLINGS AND OTHER
 FACTORS RELEVANT TO THE PREVALENCE OF LEAD-BASED  PAINT  HAZARDS,  WHICH
 MAY  INCLUDE THE PRIOR LEAD POISONINGS OR REPORTS OF ELEVATED BLOOD LEAD
 LEVELS OF OCCUPANTS 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  OR  PURSUANT  TO  ARTICLE
 NINETEEN OF THE REAL PROPERTY LAW, 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-EIGHT 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 IN WHICH THE OCCUPANT COMPLAINED OF A
 VIOLATION OF ARTICLE NINETEEN OF THE REAL PROPERTY LAW AND THE NUMBER OF
 PRE-NINETEEN HUNDRED SEVENTY-EIGHT DWELLING UNITS IN WHICH THE EXISTENCE
 OF SUCH CONDITIONS WERE CONFIRMED BY THE DIVISION OF HOUSING AND  COMMU-
 NITY RENEWAL OR OTHER STATE OR LOCAL AGENCY;
   (E)  THE  NUMBER  OF  DWELLING  UNITS  IN WHICH A VIOLATION WAS PLACED
 PURSUANT TO THIS TITLE, WHETHER THE VIOLATION WAS PLACED IN RESPONSE  TO
 AN OCCUPANT'S COMPLAINT OR OTHERWISE;
   (F) THE NUMBER OF DWELLING UNITS IN WHICH A VIOLATION OF ARTICLE NINE-
 TEEN  OF  THE  REAL  PROPERTY  LAW WAS PLACED, WHETHER THE VIOLATION WAS
 PLACED IN RESPONSE TO AN OCCUPANT'S COMPLAINT OR OTHERWISE;
   (G) AN EVALUATION OF THE DEPARTMENT'S CAPABILITY  TO  TIMELY  INSPECT,
 SERVE A NOTICE OF VIOLATION, AND ENFORCE THE CORRECTION OF VIOLATIONS;
   (H)  AN  EVALUATION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL'S
 CAPABILITY TO TIMELY INSPECT, SERVE A NOTICE OF VIOLATION,  AND  ENFORCE
 THE CORRECTION OF VIOLATIONS;
   (I)  AN  EVALUATION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL'S
 IMPLEMENTATION OF A PROGRAM  OF  INSPECTION  PURSUANT  TO  SECTION  FIVE
 HUNDRED TWO OF THE REAL PROPERTY LAW; AND
   (J) 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.
   §  15.  Subdivision  1  of  section  1371 of the public health law, as
 amended by chapter 485 of the laws of 1992 and as designated by  chapter
 721 of the laws of 1993, is amended to read as follows:
   1. No person shall manufacture, sell or hold for sale a children's toy
 or  children's  furniture  having paint or other similar surface-coating
 material thereon containing more than [.06] .009 of one per  centum  (90
 PARTS  PER  MILLION)  of  metallic lead based on the total weight of the
 contained solids or dried paint film.
 S. 2947                            28
 
   § 16. Section 1372 of the public health law, as amended by chapter 485
 of the laws of 1992, is amended to read as follows:
   §  1372.  Use  of  leaded  paint. No person shall apply paint or other
 similar surface-coating material containing more than [.06] .009 of  one
 per  centum  (90  PARTS PER MILLION) of metallic lead based on the total
 weight of the contained solids or  dried  paint  film  to  any  interior
 surface, window sill, window frame or porch of a dwelling.
   §  17. This act shall take effect immediately; provided, however, that
 section 508 of the real property law, as added by section three of  this
 act, shall expire and be deemed repealed when the commissioner of health
 certifies  that  a  period of 24 months has elapsed since the department
 identified a child with an elevated blood lead level  through  screening
 by health care providers under section thirteen hundred seventy-c of the
 public health law; provided that the commissioner of health shall notify
 the  legislative  bill  drafting  commission  upon the occurrence of the
 certification required by this section in order that the commission  may
 maintain an accurate and timely effective data base of the official text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.