2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 10 - Control of Lead Poisoning › 1373 - Abatement of Lead Poisoning Conditions.

§  1373.  Abatement  of  lead  poisoning conditions.   1. Whenever the
  commissioner or his or her representative shall  designate  an  area  of
  high  risk,  he  or  she shall give written notice and demand, served as
  provided by this section, for the discontinuance of  a  paint  condition
  conducive  to  lead  poisoning  in  any designated dwelling in such area
  within a specified period of time.
2. Such notice and demand shall prescribe the method of discontinuance
  of a condition conducive to lead poisoning which may include the removal
  of paint containing more than one-half of one  per  centum  of  metallic
  lead  based on the total weight of the contained solids or dried film of
  the paint  or  other  similar  surface-coating  material  from  surfaces
  specified  by  the  commissioner or his representative under such safety
  conditions as may be indicated and the refinishing of such surfaces with
  a suitable finish which is not in  violation  of  section  one  thousand
  three hundred seventy-two of this title or the covering of such surfaces
  with  such  material  or  the removal of lead contaminated soils or lead
  pipes supplying drinking water as may be deemed necessary to protect the
  life and health of occupants of the dwelling.
3. In the event of failure to comply with a  notice  and  demand,  the
  commissioner  or his or her representative shall take enforcement action
  as deemed appropriate by the commissioner or his or her  representative,
  which  may  include  conducting  a  formal  hearing  upon  due notice in
  accordance with the provisions of section twelve-a of this  chapter  and
  on proof of violation of such notice and demand may order abatement of a
  paint  condition  conducive  to lead poisoning upon such terms as may be
  appropriate and may assess a penalty not to  exceed  two  thousand  five
  hundred  dollars  for  such violation; provided, however, that abatement
  shall not be ordered if the respondent  proves  by  a  preponderance  of
  evidence  at  such  hearing  that  a  paint  condition conducive to lead
  poisoning in the designated dwelling does not exist.
4. A notice required by this section may be served upon  an  owner  or
  occupant  of  the dwelling or agent of the owner in the same manner as a
  summons in a civil action or by registered or certified mail to his last
  known address or place of residence.
5. The removal of a tenant from or the surrender by the  tenant  of  a
  dwelling  with  respect to which the commissioner or his representative,
  pursuant to subdivision one of this section, has  given  written  notice
  and demand for the discontinuance of a paint condition conducive to lead
  poisoning shall not absolve, relieve or discharge any persons chargeable
  therewith  from  the  obligation  and responsibility to discontinue such
  paint condition conducive to  lead  poisoning  in  accordance  with  the
  method of discontinuance prescribed therefor in such notice and demand.