What's happening
This bill requires NYCHA to create and update occupant protection plans addressing lead and mold risks in pre-1978 buildings.
Why it matters
Mandates annual updates and re-inspections. NYCHA must not only create but also annually update protection plans for older buildings and any with known lead paint, ensuring ongoing oversight and adaptation to changing risks.
Expands tenant notifications and language access. Tenants at risk of lead or mold exposure must receive mailed notifications in their native language, improving access to critical health information for non-English speakers.
Connects residents to health resources. The bill requires NYCHA to provide tenants with information on how and where to get free lead screening, both in mailings and posted signs, potentially increasing early detection and intervention for lead exposure.
Increases transparency and accountability. By requiring posted signs in conspicuous locations and detailed schedules for paint testing and removal, the legislation aims to keep residents informed and NYCHA accountable for addressing hazardous conditions.
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Who cares
Headline styles
Protect Tenants from Lead Paint
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Tenants from Lead Paint
In Assembly Committee · Housing · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2771
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development
AN ACT to amend the public housing law, in relation to directing the New York city housing authority to establish an occupant protection plan for each project constructed during or prior to 1978
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public housing law is amended by adding a new section 402-e to read as follows:
§ 402-e. Occupant protection plans. 1. The New York city housing authority shall establish an occupant protection plan for every project built during or prior to nineteen hundred seventy-eight, and for projects in which lead paint is otherwise found. The New York city housing authority shall update each such plan on an annual basis. Such plans shall require that such projects are re-inspected for lead paint if they were inspected by such authority between January first, two thousand twelve and December thirty-first, two thousand nineteen. Each occupant protection plan shall include, but not be limited to:
(a) notification to the department of health and the department of health and mental hygiene of the city of New York of any potential lead or mold exposure;
(b) notification, by mail in their native language, to tenants who are at risk of exposure to lead paint and mold;
(c) information on how and where to receive free lead screening;
(d) prevention methods that can be taken by the tenants to avoid exposure; and
(e) provide a schedule of paint testing and a removal schedule.
2. Within three months of the New York city housing authority's establishing the occupant protection plans, such authority shall post and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05835-01-9
S. 2771 2
maintain signs in conspicuous locations at the affected projects which shall include, but not be limited to:
(a) information on how and where to receive free lead screening; and
(b) prevention methods that can be taken by the tenants to avoid exposure.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public housing law, in relation to directing the New York city housing authority to establish an occupant protection plan for each project constructed during or prior to 1978
Purpose or general idea of bill
The purpose of this bill is to require the New York City Housing Author- ity to create an Occupant Protection Plan.
Summary of provisions
Section one: Amends the public housing law to add a new section, 402d. Part a of section 402-d requires the New York City Housing Authority (NYCHA) to create an Occupant Protection Plan for every development built on or prior to 1978, or when lead paint is otherwise found in a public housing authority development and update the plan on a regular basis. The plan also requires that such developments are re-inspected for lead paint if they were inspected by the authority between 2012-2018 due to the discrepancies within the authority during that time regarding workers' certification. Part b requires that after the Occupant Protection Plan is created by the authority, the authority must post and maintain signs in a conspicuous location in the affected developments.
Section two: Sets the effective date.
Justification
In light of the egregious missteps taking by NYCHA officials, the legis- lature aims to protect tenants by requiring enhanced education and prop- er inspections. In 2017, a city probe found that NYCHA stopped inspect- ing individual apartments pursuant to Local Law 1 in 2012. Between 2012 and 2016, these required inspections were not properly executed by NYCHA officials. However, during that time, NYCHA officials signed off on documents filed with the U.S. Department of Housing and Urban Develop- ment certifying that they completed all necessary inspections. New York City's Department of Investigation revealed that NYCHA falsely claimed to have performed all requisite inspections over the course of several years.
Due to these discrepancies, thousands of NYCHA residents were exposed to lead paint. The Occupant Protection Plan will help educate residents on how to protect themselves from potential lead paint exposure. Also, by requiring the authority to re-inspect the buildings that were improperly inspected, we are holding the authority accountable while further protecting the residents.
Prior legislative history
New Bill in 2018: Senate Print 7794.
Fiscal implications
None to the state
Effective date
This act shall take effect on the one hundred and eightieth day after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.