Establishes an implied warranty that new homes shall be free from mold caused by defective workmanship for a period of ten years from the date of sale of the new home.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2302
SPONSOR: Gallagher TITLE OF BILL:
An act to amend the general business law, in relation to adding a hous-
ing merchant implied warranty against mold in new homes
PURPOSE OR GENERAL IDEA OF BILL:
To create a warranty against mold in new homes.
SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new paragraph to subdivision one of section 777-a of
the general business law to add a warranty for ten years against mold in
a new home caused by defective workmanship.
Section two is the effective date.
JUSTIFICATION:
Mold remediation can be very costly for any homeowner and the presence
of mold in a home poses serious risks to the health of its occupants.
Purchasers of a new home or condominium might believe they are safe from
the presence of mold because the construction is new, but the truth is
that poor building practices can cause mold even in brand-new buildings,
saddling new homeowners with potentially enormous repair costs. Just as
the general business law already provides a warranty against certain
defects in new homes, so too should it provide a warranty against the
presence of mold in new construction resulting from defective workman-
ship.
PRIOR LEGISLATIVE HISTORY:
A6104 (2024), died in committee.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This bill is effective immediately.
STATE OF NEW YORK
________________________________________________________________________
2302
2025-2026 Regular Sessions
IN ASSEMBLY
January 16, 2025
___________
Introduced by M. of A. GALLAGHER -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to adding a hous-
ing merchant implied warranty against mold in new homes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs b and c of subdivision 1 of section 777-a of the
2 general business law, as added by chapter 709 of the laws of 1988, are
3 amended and a new paragraph d is added to read as follows:
4 b. two years from and after the warranty date the plumbing, elec-
5 trical, heating, cooling and ventilation systems of the home will be
6 free from defects due to a failure by the builder to have installed such
7 systems in a skillful manner; [and]
8 c. six years from and after the warranty date the home will be free
9 from material defects[.]; and
10 d. ten years from and after the warranty date the home will be free
11 from mold caused by defective workmanship.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00925-01-5
