What's happening
This bill prohibits insurance companies from excluding coverage for losses or damages caused by exposure to lead-based paint in rental properties.
Why it matters
Expands renters’ rights by ensuring tenants living in properties with lead paint are not left unprotected by insurance gaps, which could make it easier for affected families to seek compensation for health impacts and property damages.
Shifts financial responsibility to landlords and insurers, incentivizing property owners to address lead hazards more proactively, since insurance will now cover lead-related claims rather than excluding them.
Could lead to changes in how insurance companies assess risk and price policies for rental properties, possibly affecting premiums or underwriting standards, but ultimately closes a major loophole that may have left vulnerable populations without recourse.
Aligns insurance regulations with broader public health goals by removing a barrier to liability coverage, potentially spurring greater compliance with lead abatement laws and reducing long-term health costs associated with lead exposure.
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Who cares
Headline styles
End Lead Paint Insurance Loophole
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
- Referred to insurance
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.
Cover Lead Paint Damages
In Senate Committee · Rules · Sponsor Sean Ryan
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5183
2019-2020 Regular Sessions
IN SENATE
April 12, 2019
Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to prohibiting the exclusion of coverage for losses or damages caused by exposure to leadbased paint
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The insurance law is amended by adding a new section 3457 to read as follows:
§ 3457. Exclusion for lead hazards prohibited. No insurer licensed or permitted by the superintendent to provide liability coverage to rental property owners shall exclude, after twenty-six months following the effective date of this section, coverage for losses or damages caused by exposure to lead-based paint. The department shall not permit, authorize or approve any exclusion for injury or damage resulting from exposure to lead-based paint, except as specifically provided for in law, that was not in effect as of the effective date of this section, and all previously approved exclusions shall terminate on or before twenty-six months following the effective date of this section.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08060-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the insurance law, in relation to prohibiting the exclusion of coverage for losses or damages caused by exposure to lead-based paint
Purpose
This bill would help to protect renters who are exposed to lead-based paint by prohibiting the exclusion of coverage for losses or damages caused by exposure to lead-based paint from liability coverage provided to rental property owners.
Summary of provisions
Section 1: Amends the Insurance Law by adding a new section 3457, which prohibits exclusion for lead hazards on and after the 26th month follow- ing the bill taking effect.
Section 2: Sets an immediate effective date.
Justification
Lead poisoning leads to a multitude of issues that can detrimentally impact a person throughout their lifetime. It leads to decreased IQ and cognitive function, developmental delays, and behavioral problems in children. In adults, lead poisoning can manifest itself in the form of hypertension and cardiovascular disease. Some have even linked early exposure to lead with Alzheimer's disease. Extreme levels can cause severe and immediate consequences, such as seizures, comas, and even death. The most common cause of lead poisoning in children is the inges- tion of lead paint from poorly maintained residential housing units.
New York State has a lead poisoning problem. Because lead will remain in U.S. housing for decades to come, it is important that New York State take action to protect renters. This bill requires that liability cover- age include coverage for injuries or damage caused by exposure to lead paint. If signed into law, this would be an important measure to protect New Yorkers who are exposed to this dangerous substance.
Legislative history
2018: A07786.
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.