NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4887
SPONSOR: Rosenthal L (MS) TITLE OF BILL:
An act to amend the public housing law, the public health law, and the
real property law, in relation to the remediation and prevention of
indoor mold; and to amend the real property law and the administrative
code of the city of New York, in relation to requiring notice of indoor
mold history to prospective lessees of apartments
PURPOSE:
This bill creates standards and practices for the handling of indoor
mold in both real property and public housing.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the public housing law by adding section 16-a, which
directs and authorizes the commissioner to create procedures for the
remediation and prevention of mold.
Section two amends the public health law by adding article 48-A, which
authorizes the commissioner to promulgate standards in the detection,
prevention, and remediation of indoor mold within environments subject
to the rule of the department.
Section three amends subdivision 2 of section 462 of the real property
law, as added by chapter 456 of the laws of 2001, by adding questions
19-a and 19-b, which pertain to indoor mold, to the Property Condition
Disclosure Statement.
Section four sets forth the effective date.
JUSTIFICATION:
Indoor mold has been referred to as "killer mold", this is because the
health risks associated with certain types of mold are tremendous.
Inhalation of a wide variety of fungi can lead to or exacerbate existing
conditions of allergies. Mold has also been found to cause toxic effects
or infections. Currently, there are no government standards or practices
for detection, prevention, and/or remediation of indoor mold.
The public needs to be aware that indoor mold is a threat and what to do
to clean up indoor mold if found on their property. The Department of
Health can serve this need by creating guidelines for the public to
identify, deal with, and prevent indoor mold.
The history of mold must be disclosed in order to prevent further mold
growth. Health risks are increased in property where indoor mold is
hidden or not identified as dangerous. This is exactly why new property
buyers need to be informed of past indoor mold growth, as they are with
past records of lead paint and other hazardous materials contained in
the property. In the case of public housing, it is equally important the
property is free of indoor mold, and that procedures exist to deal with
the detection, clean up and prevention of mold.
LEGISLATIVE HISTORY:
2021-22: A.415- Referred to Housing
2019-20: A.662 - Referred to Housing
2017-18: A.4964 - Referred to Housing
2015-16: A.969 - Referred to Housing; S.3756 - Referred to Housing,
Construction and Community Development
2013-14: A.1127 - Referred to Housing; S.1820 - Referred to Housing,
Construction and Community Development
2011-12: A.1466-A - Referred to Housing; S.3121-A - Referred to Housing,
Construction and Community Development
2009-10: A.4549 - Referred to Housing
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4887
2023-2024 Regular Sessions
IN ASSEMBLY
February 24, 2023
___________
Introduced by M. of A. L. ROSENTHAL, LUPARDO, WEPRIN, CLARK -- Multi-
Sponsored by -- M. of A. BENEDETTO, GUNTHER -- read once and referred
to the Committee on Housing
AN ACT to amend the public housing law, the public health law, and the
real property law, in relation to the remediation and prevention of
indoor mold; and to amend the real property law and the administrative
code of the city of New York, in relation to requiring notice of
indoor mold history to prospective lessees of apartments
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public housing law is amended by adding a new section
2 16-a to read as follows:
3 § 16-a. Powers and duties of the commissioner with respect to indoor
4 mold. 1. Definitions. For purposes of this section, the following terms
5 shall have the following meanings:
6 (a) "Mold" means any form of multicellular fungi that live on plant or
7 animal matter and in indoor environments. Types of mold include, but are
8 not limited to, cladosporium, penicillium, alternaria, aspergillus,
9 fusarium, trichoderma, memnoniella, mucor, and stachybotrys chartarum,
10 often found in water damaged building materials.
11 (b) "Affect" means to cause a condition by the presence of mold in the
12 dwelling unit, building, appurtenant structure, common wall, heating
13 system, or ventilating and air conditioning system that affects the
14 indoor air quality of a dwelling unit or building.
15 (c) "Acceptable exposure limit" means a level of mold that will not
16 adversely affect the health of residents of public housing units, and
17 does not pose a significant threat to the public health.
18 2. Procedures for the remediation and prevention of mold in public
19 housing. The commissioner is hereby directed and authorized to create
20 procedures for the remediation and prevention of mold in public housing.
21 Such procedures shall include:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03075-01-3
A. 4887 2
1 (a) A visual survey of public housing units to check for evidence of
2 water damage and the extent of mold growth, including an inspection of
3 the following:
4 (1) Any defects in construction that may cause moisture such as
5 defects in windows, roofs, or exterior siding, or improperly laid foun-
6 dations, or the absence of vapor barriers.
7 (2) Plumbing leaks.
8 (3) Floor areas under carpeting.
9 (4) Spaces under buildings and living areas, and ceiling spaces.
10 (5) Cold corners of rooms which lack proper insulation and are suscep-
11 tible to mold growth.
12 (6) Any other moisture damage, water intrusion, or leaks and rot in
13 wall cavities of public housing spaces.
14 (b) A protocol for the remediation of existing mold in public housing,
15 including standards relating to an acceptable exposure limit, including
16 compliance to such an acceptable exposure limit. Such protocol shall
17 include the following:
18 (1) Guidelines for the remediation of indoor mold which shall include
19 precautions to protect the health of residents of public housing and
20 overall public health, including preventative measures to ensure that
21 contamination does not leave the affected area.
22 (2) The utilization of tools, instruments and remediation methods
23 which are acceptable by the professional community engaged in the reme-
24 diation of mold.
25 (3) The utilization of protective gear and equipment to ensure the
26 health and safety of persons performing the remediation.
27 (4) The development of a list of professional companies engaged in the
28 business of the remediation of mold, or other toxic substances, which
29 shall be available for contracting with the department for the remedi-
30 ation of indoor mold in public housing. Such professional companies
31 shall be assessed according to the technological and economic feasibil-
32 ity of contracting with such companies, and according to their success
33 in the identification, remediation and removal of toxic mold.
34 (c) Methods to prevent the return of mold in areas which have been
35 cleaned, and construction methods to prevent mold growth in new public
36 housing facilities. With respect to the prevention of mold growth in new
37 public housing units, the department shall develop construction methods
38 which will best ensure the prevention of mold according to scientif-
39 ically recognized entities in the field of environmental health and
40 safety.
41 § 2. The public health law is amended by adding a new article 48-A to
42 read as follows:
43 ARTICLE 48-A
44 REMEDIATION OF INDOOR MOLD
45 Section 4809. Powers and duties of the commissioner with respect to
46 indoor mold.
47 § 4809. Powers and duties of the commissioner with respect to indoor
48 mold. 1. Definitions. For purposes of this section, the following terms
49 shall have the following meanings:
50 (a) "Mold" means any form of multicellular fungi that live on plant or
51 animal matter and in indoor environments. Types of mold include, but are
52 not limited to, cladosporium, penicillium, alternaria, aspergillus,
53 fusarium, trichoderma, memnoniella, mucor, and stachybotrys chartarum,
54 often found in water damaged building materials.
55 (b) "Affect" means to cause a condition by the presence of mold in the
56 dwelling unit, building, appurtenant structure, common wall, heating
A. 4887 3
1 system, or ventilating and air conditioning system that affects the
2 indoor air quality of a dwelling unit or building.
3 (c) "Acceptable exposure limit" means a level of mold that will not
4 adversely affect the health of occupants, and does not pose a signif-
5 icant threat to the public health.
6 2. Standards for the remediation and prevention of mold. The commis-
7 sioner, or his or her designated representative, is hereby authorized
8 and directed to promulgate standards for the detection, prevention, and
9 remediation of mold growth in indoor environments which are subject to
10 the rules and regulations of the department, including workplaces,
11 public facilities, and other establishments under the jurisdiction of
12 the department. Such standards shall include guidelines relating to the
13 following:
14 (a) The inspection of indoor spaces for the presence of mold growth
15 and water damage.
16 (b) An acceptable exposure limit, including standards relating to
17 compliance with such an acceptable exposure limit.
18 (c) Protocol for the removal and remediation of existing indoor mold.
19 (d) Methods to prevent the return of mold in areas which have been
20 cleaned, and construction methods to prevent mold growth in new build-
21 ings.
22 3. Consultation with related experts. In effectuating the purposes of
23 this section, the commissioner, or his or her designated representative,
24 shall consult with scientifically recognized entities in the field of
25 environmental health and safety, and related authoritative bodies in the
26 field of remediation of mold and other toxic substances.
27 § 3. The real property law is amended by adding a new section 235-j to
28 read as follows:
29 § 235-j. Notice of indoor mold and remediation history. 1. All
30 prospective lessees shall be furnished with a notice, in a form promul-
31 gated or approved by the state division of housing and community
32 renewal, that sets forth the property's indoor mold and remediation
33 history.
34 2. Information shall include any history of indoor mold and remedi-
35 ation, if any, of the premises to be rented by the prospective lessee
36 and the building in which the premises are located.
37 § 4. The administrative code of the city of New York is amended by
38 adding a new section 27-2009.3 to read as follows:
39 § 27-2009.3 Notice of indoor mold and remediation history. For housing
40 accommodations subject to this code, an owner shall furnish to all
41 prospective lessees, a notice in a form promulgated or approved by the
42 state division of housing and community renewal that sets forth the
43 property's history of indoor mold and the remediation, if any, regarding
44 the premises to be rented by the prospective lessee and the building in
45 which the premises are located.
46 § 5. This act shall take effect on the one hundred eightieth day after
47 it shall have become a law. Effective immediately, the addition, amend-
48 ment and/or repeal of any rule or regulation necessary for the implemen-
49 tation of this act on its effective date are authorized to be made and
50 completed on or before such effective date.
