§ 27-2405. Tenant notification of indoor air contamination.

1. For purposes of this section:

a. "test results" shall include the results of any tests conducted on
indoor air, subslab air, ambient air, subslab groundwater samples, and
subslab soil samples; and

b. "issuer" means:

(i) a person subject to an order issued pursuant to title thirteen of
this article, article twelve of the navigation law, or title twelve-A of
article thirteen of the public health law,

(ii) a participant as defined in subdivision 1 of section 27-1405 of
this article subject to an agreement entered into pursuant to title
fourteen of this article, or

(iii) by a municipality subject to a contract entered into pursuant to
title five of article fifty-six of this chapter; or

(iv) by the department.

2. Any owner of real property or any owner's agent to whom indoor air
contamination test results have been provided by an issuer shall, in
cases where test results exceed department of health indoor air
guidelines or the occupational safety and health administration
guidelines for indoor air quality, provide a fact sheet and timely
notice of any public meetings required to be held to discuss such
results to all tenants and occupants and upon request such test results
and any closure letter, within fifteen days of receipt of such results.
Generic fact sheets shall be prepared by the department of health and
shall identify at a minimum the compound or contaminant of concern,
reportable detection levels established by the department of health
indoor air guidelines or the occupational safety and health
administration guidelines for indoor air quality and health risks
associated with exposure to such compound or contaminant and a means to
obtain more information on the compound or contaminant.

3. For real property for which an engineering control is in place to
mitigate indoor air contamination, or if the real property is subject to
ongoing monitoring pursuant to an ongoing remedial program, the owner or
owner's agent of real property to whom indoor air contamination test
results have been provided by an issuer shall provide, or cause to be
provided, fact sheets, and upon request any test results, or closure
letter received by such owner or owner's agent to any prospective tenant
prior to the signing of a binding lease or rental agreement. Generic
fact sheets shall be prepared by the department of health and shall
identify at a minimum the compound or contaminant of concern, reportable
detection levels established by the department of health indoor air
guidelines or the occupational safety and health administration
guidelines for indoor air quality and health risks associated with
exposure to such compound or contaminant and a means to obtain more
information on the compound or contaminant. Such notice shall be
included in the rental or lease agreement and shall contain the
following in at least twelve point type in bold face on the first page:
"NOTIFICATION OF TEST RESULTS The property has been tested for
contamination of indoor air: test results and additional information are
available upon request."