Relates to the remediation and prevention of indoor mold and requiring the disclosure of indoor mold history upon the sale of certain real property

4 Co-sponsors

• Liz Krueger
• Velmanette Montgomery
• Bill Perkins
• John L. Sampson

BILL NUMBER:S3121A

Title of bill

An act to amend the public housing law, the public health law, and the real property law, in relation to the remediation and prevention of indoor mold and requiring the disclosure of indoor mold history upon the sale of certain real property; and to amend the real property law and the administrative code of the city of New York, in relation to requiring notice of indoor mold history to prospective lessees of apartments

Purpose or general idea of bill

To create standards and practices for the handling of indoor mold in both real property and public housing.

Summary of specific provisions

Section 1 amends the public housing law by adding section 16-a, which directs and authorizes the commissioner to create procedures for the remediation and prevention of mold.

Section 2 amends the public health law by adding article 48-A, which authorizes the commissioner to promulgate standards in the detection, prevention, and remediation of indoor mold within environments subject to the rule of the department.

Section 3 amends subdivision 2 of section 462 of the real property law, as added by chapter 456 of the laws of 2001, by adding questions 19-a and 19-b, which pertain to indoor mold, to the Property Condition Disclosure Statement.

Justification

Indoor mold has been referred to as "killer mold", this is because the health risks associated with certain types of mold are tremendous. Inhalation of a wide variety of fungi can lead to or exacerbate existing conditions of allergies. Mold has also been found to cause toxic effects or infections. Currently, there are no government standards or practices for detection, prevention, and/or remediation of indoor mold.

The public needs to be aware that indoor mold is a threat and what to do to clean up indoor mold if found on their property. The Department of Health can serve this need by creating guidelines for the public to identify, deal with, and prevent indoor mold.

The history of mold must be disclosed in. order to prevent further mold growth. Health risks are increased in property where indoor mold is hidden or not identified as dangerous. This is exactly why new property buyers need to be informed of past indoor mold growth, as they are with past records of lead paint and other hazardous materials contained in the property. In the case of public housing, it is equally important the property is free of indoor mold, and that

procedures exist to deal with the detection, clean up and prevention of mold.

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall " have become a law; provided, however, that section three of this act shall apply to contracts of sale for real property entered into on or after such effective date; and provided further, however, that effective immediately the commissioner of housing and community renewal and commissioner of health, in consultation with each other, are hereby authorized and directed to promulgate any rules and regulations necessary for the implementation of this act on or before its effective date.