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History
- Print number 7642a
- Amend and recommit to rules
- Referred to rules
Companion bill
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Exempts limited-profit housing companies from being required to test for friable asbestos under certain circumstances
In Assembly Committee · Rules · Sponsor Michael Benedetto
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7642A
Title of bill
An act to amend the private housing finance law, in relation to exempting limited-profit housing companies from being required to test for friable asbestos under certain circumstances
Purpose or general idea of bill
To amend the private housing finance Law to exempt certain limited-profit housing companies, such as Coop City, from being required to test for friable asbestos under certain circumstances. This bill was requested by the Board of Directors of Coop City and has been introduced to obtain public comment on this proposal. The Board of Directors of Coop City, while concerned about the possible presence of asbestos and the safety of its tenants, maintains that testing for the presence of asbestos in this situation is not warranted due to past experience with multiple past tests conducted to determine the presence of asbestos. Further conducting such testing is expensive and ultimately paid for by the tenants of Coop City.
Read the full memo (601 words)
Summary of specific provisions
Section 1. The Private Housing Finance Law is amended by adding a new section 32-c to read as follows:
§ 32-c. Testing for friable asbestos. 1. Notwithstanding any other provisions of law, rule, regulation or code to the contrary, a company incorporated under this article that undertakes to renovate or replace the flooring within its real property, (a) which real property was built between the years of 1955 and 1970 with tax, mortgage or other assistance from the state or municipal government and contains more than fifteen thousand units of housing; and (b) which company has performed at least twenty-five thousand tests relating to the flooring renovation or replacement activities for the presence of friable asbestos from such activities, and which tests have, in the sole judgment of such company, demonstrated conclusively that no friable asbestos has been or is expected to be released into the environment as a result of such activities, shall be exempt from further testing for friable asbestos filing of plans or reports to state or local regulatory agencies relating to the testing for friable asbestos with respect to such renovation or replacement work and may conduct or undertake such work as the company deems appropriate or required.
2. Nothing in this section shall be deemed to receive a company or any other entity or person of responsibility in tort law for the presence of any friable asbestos or of the consequences thereof.
§ 2. This act shall take effect immediately.
Justification
Co-op City is a state development built under the Mitchell-Lama Housing program that successfully created thousands of units of housing specifically for low to middle income residents. Several years ago asbestos was found to be present in the adhesive sealant used to affix tiles in the complex. Co-op City was ordered to replace all tiles in the 15,000 plus apartments and to conduct air quality tests for the presence of friable asbestos.
To date Co-op City has performed over 75,000 such tests and no asbestos has been found in any of the testing samples. Since all tests have shown that there is no friable asbestos present, this bill would relieve the housing complex and its residents of spending approximately $4 million annually on this questionable program. Furthermore, it has been alleged that Co-op City has been targeting for selective enforcement as no other development, similarly constructed, has been ordered to perform these tests.
The bill would in no way relieve the complex from any suit brought against it for the presence of any friable asbestos or of the consequence thereof.
Prior legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.