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
________________________________________________________________________
4069--A
2025-2026 Regular Sessions
IN SENATE
January 31, 2025
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08689-02-5
S. 4069--A 2
1 attempt to notify tenants, the municipality shall establish a policy for
2 notifying tenants.
3 3. Municipalities shall notify tenants and property owners of a prop-
4 erty if lead levels may render such property uninhabitable and/or if
5 allowing the lead levels to maintain unabated may render such property
6 uninhabitable. Such notification shall include tenants and property
7 owners of tenants' rights pursuant to section one hundred forty-three-b
8 of the social services law. Municipalities shall notify tenants and
9 property owners of any municipal laws and/or policies that may lead to
10 the department of children and family services being notified of a posi-
11 tive in-home lead test. Where such policies are in place, municipalities
12 shall notify the department of children and family services and tenants
13 that children cannot be removed from parents for failing to provide
14 adequate housing pursuant to section one thousand twelve of the family
15 court act.
16 4. The provisions of this section shall apply to all testing conducted
17 pursuant to section thirteen hundred seventy-seven of the public health
18 law.
19 § 2. This act shall take effect immediately.
