Requires any municipality which conducts lead testing to provide notices to the owner and any tenants of a residence upon a positive test and inform the owner and any tenants of lead abatement programs and other resources; requires municipalities to notify tenants of lead testing.
STATE OF NEW YORK
________________________________________________________________________
8203
2025-2026 Regular Sessions
IN ASSEMBLY
May 5, 2025
___________
Introduced by M. of A. SHRESTHA -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to requiring any
municipality which conducts lead testing to provide certain notices to
the owner and any tenants of a residence upon a positive test
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 139-f to read as follows:
3 § 139-f. Notice to owners and tenants of residences where lead is
4 present. 1. Any municipality or political subdivision thereof which
5 conducts tests for the presence of lead shall provide notice to the
6 owner and any tenants of a residence if such residence tests positive
7 for lead within five days of such positive finding. Such notice shall
8 include:
9 (a) the required response for remediation, including dates of remedi-
10 ation, and where applicable, court appearances, hearings or other
11 actions mandated by the municipality;
12 (b) a list of lead abatement programs, grants and/or other resources;
13 (c) where applicable, the potential outcomes if the property owner of
14 such dwelling fails to meet the required remediation including actions
15 taken by the municipality;
16 (d) information regarding tenants' rights and possible next steps; and
17 (e) if a non-English language is commonly spoken in the municipality,
18 a translation of such notice in such language shall be provided.
19 2. Tenants and property owners shall be provided notice at least ten
20 days prior to code enforcement lead testing in a dwelling. Munici-
21 palities shall demonstrate that they have successfully conveyed notice
22 to tenants by acknowledgement of receipt. In the event of a failed
23 attempt to notify tenants, the municipality shall establish a policy for
24 notifying tenants.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08689-03-5
A. 8203 2
1 3. Municipalities shall notify tenants and property owners of a prop-
2 erty if lead levels may render such property uninhabitable and/or if
3 allowing the lead levels to maintain unabated may render such property
4 uninhabitable. Such notification shall include tenants and property
5 owners of tenants' rights pursuant to section one hundred forty-three-b
6 of the social services law. Municipalities shall notify tenants and
7 property owners of any municipal laws and/or policies that may lead to
8 the department of children and family services being notified of a posi-
9 tive in-home lead test. Where such policies are in place, municipalities
10 shall notify the department of children and family services and tenants
11 that children cannot be removed from parents for failing to provide
12 adequate housing pursuant to section one thousand twelve of the family
13 court act.
14 4. The provisions of this section shall apply to all testing conducted
15 pursuant to section thirteen hundred seventy-seven of the public health
16 law.
17 § 2. This act shall take effect immediately.
