2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 10 - Control of Lead Poisoning › 1377 - State Rental Registry and Proactive Inspections to Identify Lead Hazards.

* §  1377. State rental registry and proactive inspections to identify
  lead hazards. 1. The department shall, in consultation with the division
  of housing and community renewal, develop a registry for all residential
  dwellings with two or more units built prior to nineteen hundred  eighty
  which,  by  virtue  of their property class designation, are potentially
  eligible for rental, lease, let or hiring out, and  are  located  within
  communities  of  concern  as identified by the department. Such registry
  shall only include qualifying residential dwellings outside a city  with
  a population of one million people or more. The department shall utilize
  all available property information to develop the registry including but
  not  limited  to  information  from tax assessment rolls and information
  from property records in the office in which instruments affecting  real
  property in the county are recorded.
2.  The department, or their designee, shall provide written notice to
  the owners of  residential  dwellings  qualifying  for  registration  in
  accordance  with  this section within sixty days of the effectiveness of
  such registry.
3. Owners of all residential dwellings qualifying for registration  in
  accordance  with  this  section  shall  certify  as  free  of lead paint
  hazards, in accordance with subdivision seven of this  section  and  the
  regulations  promulgated  thereunder.  Inspection certifications must be
  submitted by the owner to the local health department or their  designee
  for  recording  in  the rental registry by October first of the year the
  certification is due.
4.  The  department,  or  their  designee,  shall  provide  owners  of
  qualifying  residential  dwellings a minimum of two notices prior to the
  deadline to submit a certification, not including the notification under
  subdivision two of this section. Such notice shall  include  information
  for  owners  to  notify  the  department or their designee a residential
  dwelling is not eligible for rental, lease, let or hiring  out  and  are
  therefore not required to submit a certification under this section.
If  an  owner  fails  to  submit  a  certification by the deadline, or
  incorrectly asserts that they are not required to submit a certification
  under this section, the department, or their designee, shall provide  an
  additional notice prior to taking any further action.
5.  The  department  shall  establish  an  annual inspection and audit
  process which shall review at least ten  percent  of  the  certification
  inspections of residential dwellings qualifying for the rental registry.
  Such process shall include individual inspections and document review to
  ensure  that  owners  complied with all obligations and responsibilities
  under this section. Such audits shall be conducted in-person  and  shall
  confirm that a residential dwelling is or is not eligible for the rental
  registry  and  that  the  residential  dwelling  is  free  of lead paint
  hazards.
6.  The  commissioner  shall  promulgate  regulations  as  needed   to
  administer, coordinate, and enforce this section.
7.   The  commissioner  shall  promulgate  regulations  regarding  the
  inspections required to be completed pursuant to this section as well as
  the certification of such inspections which shall include,  but  not  be
  limited to: (a) the frequency of such inspections which shall be no less
  frequent  than  every  three  years;  (b)  the  minimum  conditions  the
  residential dwelling must meet for a valid inspection certification; (c)
  qualifications for inspectors; (d) minimum standards for a  standardized
  form on which the owner of a residential dwelling may self-certify as to
  a satisfactory inspection, such form shall require such owner to confirm
  such residential dwelling meets all the requirements of paragraph (b) of
  this  subdivision and may require such owner to submit any documentation
  deemed necessary by the  commissioner,  provided,  however,  such  owner

  shall  meet  the  qualifications  pursuant  to  paragraph  (c)  of  this
  subdivision; (e) alternative methods of certification, which may include
  the submission of a valid and active residential  occupancy  permit  for
  which  the  minimum  conditions  required  under  paragraph  (b) of this
  subdivision were required to be met for such  issuance;  (f)  procedures
  for  false  certifications,  upon  a  finding  by  the department that a
  self-certified  dwelling  contains  lead  hazards;  and  (g)  any  other
  information  or  requirements  deemed  necessary  by the commissioner to
  administer, coordinate, and enforce this section.
8. The inspection requirements under this section shall, at a minimum,
  include visual inspections  for  deteriorated  paint  and  outdoor  soil
  conditions,  as  well as the collection of dust wipe samples obtained in
  accordance with United States Environmental Protection Agency  protocols
  for such procedures.
9.  Remediation  of  lead-based  paint  hazards  must  be conducted in
  compliance with all municipal  requirements  and  specific  requirements
  specified in regulation.
10.  A failure to file or filing a false certificate as required under
  this section shall be subject to civil penalties under section twelve of
  this chapter, in addition to any penalties that may apply.
11. The commissioner shall, on or before December thirty-first in each
  year, beginning the calendar year  after  the  effective  date  of  this
  section, submit a report to the governor, the temporary president of the
  senate,   and   the   speaker  of  the  assembly  on  the  activity  and
  implementation of this section. Such report shall  include  but  not  be
  limited   to:  the  number  of  residential  properties  qualifying  for
  registration, the number of properties  required  to  submit  inspection
  certifications  by  October first of such year, the number of inspection
  certifications submitted by October first of such year,  the  number  of
  inspections  conducted  pursuant  to  the  audit  process established in
  subdivision five of this section,  the  results  of  the  audit  process
  established  in  subdivision  five  of  this  section,  and  such  other
  information as the commissioner determines. The information provided  in
  the  report  shall  reflect  statewide  activities  in the aggregate and
  activities for each community of concern.
* NB Effective November 3, 2025
* NB Repealed November 3, 2028