Relates to properties contaminated by the production, distribution or storage of the narcotic drug methamphetamine

BILL NUMBER:S4217

Title of bill

An act to amend the real property law, the public health law, the penal law and the executive law, in relation to properties contaminated by the production, distribution or storage of the narcotic drug methamphetamine

PURPOSE OR GENERAL IDEA OF BILL

The property law is amended by adding a new article to require property disclosure in the sale of residential real property utilized for illegal drug laboratories.

Summary of specific provisions

Section one amends the real property law by adding a new article to require property disclosure in the sale of residential real property utilized for illegal drug laboratories. Every seller of residential real property pursuant to a real estate purchase contract shall complete and sign a property condition disclosure statement.

A buyer of a residential property has the right to test the property for the purpose of determining whether the property has ever been used as a methamphetamine illegal drug laboratory. The test shall be performed by a certified industrial hygienist or industrial hygienist. If the results indicate that the property has been used as a methamphetamine illegal drug laboratory, but has not been remediates, the buyer may terminate the contract. The seller will then have thirty days to complete a second independent test, at their own expense.

Nothing in this section shall prohibit a buyer from purchasing the property and assuming liability, provided that the buyer shall provide written notice to the department of public health and the department of environmental conservation of the purchase and assumption of liability.

Justification

The production of methamphetamine is spreading across New York state as a result of the ease and quickness of the one-pot method. Through the one-pot method, all the ingredients, which can be purchased easily and legally at drug stores and hardware stores, are mixed together in one bottle to produce several grams of methamphetamine. The rise of methamphetamine production is causing problems for landlords and buyers of homes previously used as illegal methamphetamine labs. Meth 'cooks' leave behind hazardous chemical residues in homes or apartments where they carry out the production process.

Families across New York State are purchasing their "dream homes" without knowing that the home was previously used as an illegal methamphetamine laboratory, and is contaminated with hazardous chemicals left behind. Exposure to methamphetamine carcinogen chemicals can cause cancer, MRSA, and other health complications. Current law does not require the seller to disclose this information, or for remediate the property once a meth lab is discovered.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the three hundred sixty-fifth day after it shall have become a law, provided however, that the commissioner of health and the commissioner of environmental conservation shall have the authority to jointly issue any rules or regulations necessary for the implementation of this act prior to or after it becomes a law.