2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 24 - Environmental Tests Reporting Requirements › 27-2405 - Tenant Notification of Indoor Air Contamination.

§ 27-2405. Tenant notification of indoor air contamination.
1. For purposes of this section:
a.  "test results" shall include the results of any tests conducted on
indoor air, subslab air, ambient air, subslab groundwater  samples,  and
subslab soil samples; and
b. "issuer" means:
(i)  a person subject to an order issued pursuant to title thirteen of
this article, article twelve of the navigation law, or title twelve-A of
article thirteen of the public health law,
(ii) a participant as defined in subdivision 1 of section  27-1405  of
this  article  subject  to  an  agreement entered into pursuant to title
fourteen of this article, or
(iii) by a municipality subject to a contract entered into pursuant to
title five of article fifty-six of this chapter; or
(iv) by the department.
2. Any owner of real property or any owner's agent to whom indoor  air
contamination  test  results  have  been provided by an issuer shall, in
cases  where  test  results  exceed  department  of  health  indoor  air
guidelines   or   the  occupational  safety  and  health  administration
guidelines for indoor air quality,  provide  a  fact  sheet  and  timely
notice  of  any  public  meetings  required  to  be held to discuss such
results to all tenants and occupants and upon request such test  results
and  any closure letter, within fifteen days of receipt of such results.
Generic fact sheets shall be prepared by the department  of  health  and
shall  identify  at  a  minimum  the compound or contaminant of concern,
reportable detection levels established  by  the  department  of  health
indoor   air   guidelines   or   the   occupational  safety  and  health
administration guidelines  for  indoor  air  quality  and  health  risks
associated  with exposure to such compound or contaminant and a means to
obtain more information on the compound or contaminant.
3. For real property for which an engineering control is in  place  to
mitigate indoor air contamination, or if the real property is subject to
ongoing monitoring pursuant to an ongoing remedial program, the owner or
owner's  agent  of  real  property to whom indoor air contamination test
results have been provided by an issuer shall provide, or  cause  to  be
provided,  fact  sheets,  and  upon request any test results, or closure
letter received by such owner or owner's agent to any prospective tenant
prior to the signing of a binding lease  or  rental  agreement.  Generic
fact  sheets  shall  be  prepared  by the department of health and shall
identify at a minimum the compound or contaminant of concern, reportable
detection levels established by the  department  of  health  indoor  air
guidelines   or   the  occupational  safety  and  health  administration
guidelines for indoor air  quality  and  health  risks  associated  with
exposure  to  such  compound  or  contaminant and a means to obtain more
information on  the  compound  or  contaminant.  Such  notice  shall  be
included  in  the  rental  or  lease  agreement  and  shall  contain the
following in at least twelve point type in bold face on the first page:
"NOTIFICATION  OF  TEST  RESULTS  The  property  has  been  tested   for
contamination of indoor air: test results and additional information are
available upon request."