STATE OF NEW YORK
________________________________________________________________________
S. 5053--A A. 7054--A
2019-2020 Regular Sessions
SENATE - ASSEMBLY
April 4, 2019
___________
IN SENATE -- Introduced by Sen. SANDERS -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Housing,
Construction and Community Development -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
IN ASSEMBLY -- Introduced by M. of A. FRONTUS -- Multi-Sponsored by --
M. of A. EPSTEIN, RICHARDSON, WALKER, WRIGHT -- read once and referred
to the Committee on Housing -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public housing law, in relation to water contam-
ination, lead paint and air quality testing in New York city housing
authority buildings
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 two new
2 sections 402-e and 402-f to read as follows:
3 § 402-e. Water contamination, lead paint and air quality testing. 1.
4 The New York city housing authority shall provide for annual water test-
5 ing to monitor for lead or copper contamination in the water of each
6 building under the jurisdiction of the authority. The authority shall
7 transmit a copy of such results to the commissioner of health. For
8 purposes of this section, tap water shall be considered contaminated if
9 such water exceeds the lead or copper action level based on first-draw
10 tap samples as provided in rules and regulations of the department of
11 health authorized under section two hundred one of the public health
12 law.
13 2. The authority, in conjunction with the commissioner of health,
14 shall conduct lead paint testing to monitor for the presence of lead
15 paint in each building under the jurisdiction of the authority. The
16 authority shall provide notice to all tenants where such testing indi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10903-02-9
S. 5053--A 2 A. 7054--A
1 cates the presence of lead paint in a building under the jurisdiction of
2 the authority.
3 3. The authority, in conjunction with the commissioner of health shall
4 be required to conduct annual indoor air quality testing to monitor for
5 air quality in each building under the jurisdiction of the authority.
6 The authority shall transmit a copy of such results to the commissioner
7 of health. The authority shall provide notice to all tenants where such
8 air quality test results exceed department of health indoor air guide-
9 lines or the occupational safety and health administration.
10 4. The authority shall be civilly liable for actual damages of any
11 tenant, if it is determined that such tenant has suffered adverse health
12 conditions caused by the indoor air quality, lead paint presence or
13 water contamination of a building under the jurisdiction of the authori-
14 ty.
15 § 402-f. Falsifying authority records notification. 1. The New York
16 city housing authority shall provide information to all employees that
17 any employee of the authority who falsifies records, including, but not
18 limited to: (a) providing inaccurate water contamination results, lead
19 paint test results or indoor air quality reports; (b) falsifying any
20 signature; or (c) making a false entry in or falsely altering any record
21 or other written instrument filed with the authority shall be guilty of
22 tampering with public records in the second degree pursuant to section
23 175.20 of the penal law.
24 2. The authority shall refer any case of an employee falsifying
25 records to local law enforcement.
26 § 2. This act shall take effect immediately.