Bill S6238-2013

Relates to the New York city housing authority and mold remediation

Relates to the New York city housing authority and mold remediation.

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  • Jan 8, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S6238

TITLE OF BILL: An act to amend the public housing law in relation to the New York city housing authority and mold remediation

PURPOSE:

To require the New York City Housing Authority ("NYCHA") to remediate any instances of mold reported by any tenant to NYCHA within fifteen (15) days of NYCHA's notice of the condition. In addition, within sixty days (60) of the initial remediation, NYCHA shall revisit the apartment to ensure that the remediation was successful.

SUMMARY OF PROVISIONS:

§ 1. Section 402 of the public housing law is amended by adding subdivision 10 providing that:

1. NYCHA shall remediate any instances of mold reported by any tenant to NYCHA within fifteen (15) days of NYCHA's notice of the condition.

2. Within sixty days (60) of the initial remediation, NYCHA shall revisit the dwelling unit to ensure that the remediation was successful.

§ 2. This act shall take effect on the ninetieth day after it shall have become a law.

JUSTIFICATION:

The North Carolina Division of Public Health describes mold as a type of fungus that is an often "fuzzy-looking growth that appears on the surface of organic materials in damp conditions, both outdoors and indoors. Molds may be gray, black, green, yellow, orange or various other colors, and may have a velvety or wooly texture."

The North Carolina Division of Public Health further states that "...molds produce tiny spores in order to reproduce. Mold spores continually waft through the air, both indoors and out-of-doors. When mold spores land on a damp spot, they may begin growing and digesting whatever they are growing on in order to survive. Indoors, molds can grow on wood, paper, fabrics, carpet, foods and other organic materials. Molds are a natural part of the environment, but human health problems may result when people are exposed to large amounts of mold, particularly indoors."

According to the Centers of Disease Control, many people are sensitive to molds. For these people, exposure to molds can cause symptoms such as nasal stuffiness, eye irritation, wheezing, or skin irritation. People with serious allergies to molds may have more severe reactions. Severe reactions may include fever, shortness of breath, skin rash and itching, running nose, eye irritation, cough, throat irritation, headache, congestion and aggravation of asthma. People with chronic lung illnesses, such as obstructive lung disease, may also develop mold infections in their lungs. Mold is also especially dangerous for individuals with compromised immune systems such as HIV/AIDS patients, organ transplant patients or chemotherapy patients.

NYCHA has a terrible history of remediating mold in its apartments. Recently, after a law suit was filed, NYCHA entered into a settlement agreeing to federal oversight of its troubled effort to erase tenacious mold from hundreds of aging apartments. The settlement requires federal oversight of NYCHA's mold remediation activities for three years. This bill will ensure that NYCHA will continue to properly remediate mold conditions in its apartments even after the three year settlement has expired.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

No Cost to State.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6238 IN SENATE (PREFILED) January 8, 2014 ___________
Introduced by Sen. SANDERS -- 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 the New York city housing authority and mold remediation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 402 of the public housing law is amended by adding a new subdivision 10 to read as follows: 10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON THE REPORT BY ANY TENANT OF MOLD IN A DWELLING UNIT IN ANY PROJECT OPER- ATED BY THE AUTHORITY, THE AUTHORITY SHALL HAVE FIFTEEN DAYS TO REMEDI- ATE SAID MOLD. THE AUTHORITY SHALL HAVE SIXTY DAYS FROM THE REMEDIATION TO INSPECT THE DWELLING UNIT TO ENSURE MOLD REMOVAL. S 2. This act shall take effect on the ninetieth day after it shall have become a law.

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