S T A T E   O F   N E W   Y O R K
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                                   4887
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, LUPARDO, WEPRIN, CLARK -- Multi-
   Sponsored by -- M. of A. BENEDETTO, GUNTHER -- read once and  referred
   to the Committee on Housing
 
 AN  ACT  to amend the public housing law, the public health law, and the
   real property law, in relation to the remediation  and  prevention  of
   indoor mold; and to amend the real property law and the administrative
   code  of  the  city  of  New  York, in relation to requiring notice of
   indoor mold history to prospective lessees of apartments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public housing law is amended by adding a new section
 16-a to read as follows:
   § 16-A. POWERS AND DUTIES OF THE COMMISSIONER WITH RESPECT  TO  INDOOR
 MOLD.  1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MOLD" MEANS ANY FORM OF MULTICELLULAR FUNGI THAT LIVE ON PLANT OR
 ANIMAL MATTER AND IN INDOOR ENVIRONMENTS. TYPES OF MOLD INCLUDE, BUT ARE
 NOT LIMITED  TO,  CLADOSPORIUM,  PENICILLIUM,  ALTERNARIA,  ASPERGILLUS,
 FUSARIUM,  TRICHODERMA,  MEMNONIELLA, MUCOR, AND STACHYBOTRYS CHARTARUM,
 OFTEN FOUND IN WATER DAMAGED BUILDING MATERIALS.
   (B) "AFFECT" MEANS TO CAUSE A CONDITION BY THE PRESENCE OF MOLD IN THE
 DWELLING UNIT, BUILDING, APPURTENANT  STRUCTURE,  COMMON  WALL,  HEATING
 SYSTEM,  OR  VENTILATING  AND  AIR  CONDITIONING SYSTEM THAT AFFECTS THE
 INDOOR AIR QUALITY OF A DWELLING UNIT OR BUILDING.
   (C) "ACCEPTABLE EXPOSURE LIMIT" MEANS A LEVEL OF MOLD  THAT  WILL  NOT
 ADVERSELY  AFFECT  THE  HEALTH OF RESIDENTS OF PUBLIC HOUSING UNITS, AND
 DOES NOT POSE A SIGNIFICANT THREAT TO THE PUBLIC HEALTH.
   2. PROCEDURES FOR THE REMEDIATION AND PREVENTION  OF  MOLD  IN  PUBLIC
 HOUSING.  THE  COMMISSIONER  IS HEREBY DIRECTED AND AUTHORIZED TO CREATE
 PROCEDURES FOR THE REMEDIATION AND PREVENTION OF MOLD IN PUBLIC HOUSING.
 SUCH PROCEDURES SHALL INCLUDE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03075-01-3
              

 A. 4887                             2
 
   (A) A VISUAL SURVEY OF PUBLIC HOUSING UNITS TO CHECK FOR  EVIDENCE  OF
 WATER  DAMAGE  AND THE EXTENT OF MOLD GROWTH, INCLUDING AN INSPECTION OF
 THE FOLLOWING:
   (1)  ANY  DEFECTS  IN  CONSTRUCTION  THAT  MAY  CAUSE MOISTURE SUCH AS
 DEFECTS IN WINDOWS, ROOFS, OR EXTERIOR SIDING, OR IMPROPERLY LAID  FOUN-
 DATIONS, OR THE ABSENCE OF VAPOR BARRIERS.
   (2) PLUMBING LEAKS.
   (3) FLOOR AREAS UNDER CARPETING.
   (4) SPACES UNDER BUILDINGS AND LIVING AREAS, AND CEILING SPACES.
   (5) COLD CORNERS OF ROOMS WHICH LACK PROPER INSULATION AND ARE SUSCEP-
 TIBLE TO MOLD GROWTH.
   (6)  ANY  OTHER  MOISTURE DAMAGE, WATER INTRUSION, OR LEAKS AND ROT IN
 WALL CAVITIES OF PUBLIC HOUSING SPACES.
   (B) A PROTOCOL FOR THE REMEDIATION OF EXISTING MOLD IN PUBLIC HOUSING,
 INCLUDING STANDARDS RELATING TO AN ACCEPTABLE EXPOSURE LIMIT,  INCLUDING
 COMPLIANCE  TO  SUCH  AN  ACCEPTABLE EXPOSURE LIMIT. SUCH PROTOCOL SHALL
 INCLUDE THE FOLLOWING:
   (1) GUIDELINES FOR THE REMEDIATION OF INDOOR MOLD WHICH SHALL  INCLUDE
 PRECAUTIONS  TO  PROTECT  THE  HEALTH OF RESIDENTS OF PUBLIC HOUSING AND
 OVERALL PUBLIC HEALTH, INCLUDING PREVENTATIVE MEASURES  TO  ENSURE  THAT
 CONTAMINATION DOES NOT LEAVE THE AFFECTED AREA.
   (2)  THE  UTILIZATION  OF  TOOLS,  INSTRUMENTS AND REMEDIATION METHODS
 WHICH ARE ACCEPTABLE BY THE PROFESSIONAL COMMUNITY ENGAGED IN THE  REME-
 DIATION OF MOLD.
   (3)  THE  UTILIZATION  OF  PROTECTIVE GEAR AND EQUIPMENT TO ENSURE THE
 HEALTH AND SAFETY OF PERSONS PERFORMING THE REMEDIATION.
   (4) THE DEVELOPMENT OF A LIST OF PROFESSIONAL COMPANIES ENGAGED IN THE
 BUSINESS OF THE REMEDIATION OF MOLD, OR OTHER  TOXIC  SUBSTANCES,  WHICH
 SHALL  BE  AVAILABLE FOR CONTRACTING WITH THE DEPARTMENT FOR THE REMEDI-
 ATION OF INDOOR MOLD IN  PUBLIC  HOUSING.  SUCH  PROFESSIONAL  COMPANIES
 SHALL  BE ASSESSED ACCORDING TO THE TECHNOLOGICAL AND ECONOMIC FEASIBIL-
 ITY OF CONTRACTING WITH SUCH COMPANIES, AND ACCORDING TO  THEIR  SUCCESS
 IN THE IDENTIFICATION, REMEDIATION AND REMOVAL OF TOXIC MOLD.
   (C)  METHODS  TO  PREVENT  THE RETURN OF MOLD IN AREAS WHICH HAVE BEEN
 CLEANED, AND CONSTRUCTION METHODS TO PREVENT MOLD GROWTH IN  NEW  PUBLIC
 HOUSING FACILITIES. WITH RESPECT TO THE PREVENTION OF MOLD GROWTH IN NEW
 PUBLIC  HOUSING UNITS, THE DEPARTMENT SHALL DEVELOP CONSTRUCTION METHODS
 WHICH WILL BEST ENSURE THE PREVENTION OF  MOLD  ACCORDING  TO  SCIENTIF-
 ICALLY  RECOGNIZED  ENTITIES  IN  THE  FIELD OF ENVIRONMENTAL HEALTH AND
 SAFETY.
   § 2. The public health law is amended by adding a new article 48-A  to
 read as follows:
                                ARTICLE 48-A
                        REMEDIATION OF INDOOR MOLD
 SECTION 4809. POWERS  AND  DUTIES  OF  THE  COMMISSIONER WITH RESPECT TO
                 INDOOR MOLD.
   § 4809. POWERS AND DUTIES OF THE COMMISSIONER WITH RESPECT  TO  INDOOR
 MOLD.  1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "MOLD" MEANS ANY FORM OF MULTICELLULAR FUNGI THAT LIVE ON PLANT OR
 ANIMAL MATTER AND IN INDOOR ENVIRONMENTS. TYPES OF MOLD INCLUDE, BUT ARE
 NOT LIMITED  TO,  CLADOSPORIUM,  PENICILLIUM,  ALTERNARIA,  ASPERGILLUS,
 FUSARIUM,  TRICHODERMA,  MEMNONIELLA, MUCOR, AND STACHYBOTRYS CHARTARUM,
 OFTEN FOUND IN WATER DAMAGED BUILDING MATERIALS.
   (B) "AFFECT" MEANS TO CAUSE A CONDITION BY THE PRESENCE OF MOLD IN THE
 DWELLING UNIT, BUILDING, APPURTENANT  STRUCTURE,  COMMON  WALL,  HEATING
 A. 4887                             3
 
 SYSTEM,  OR  VENTILATING  AND  AIR  CONDITIONING SYSTEM THAT AFFECTS THE
 INDOOR AIR QUALITY OF A DWELLING UNIT OR BUILDING.
   (C)  "ACCEPTABLE  EXPOSURE  LIMIT" MEANS A LEVEL OF MOLD THAT WILL NOT
 ADVERSELY AFFECT THE HEALTH OF OCCUPANTS, AND DOES NOT  POSE  A  SIGNIF-
 ICANT THREAT TO THE PUBLIC HEALTH.
   2.  STANDARDS FOR THE REMEDIATION AND PREVENTION OF MOLD.  THE COMMIS-
 SIONER, OR HIS OR HER DESIGNATED REPRESENTATIVE,  IS  HEREBY  AUTHORIZED
 AND  DIRECTED TO PROMULGATE STANDARDS FOR THE DETECTION, PREVENTION, AND
 REMEDIATION OF MOLD GROWTH IN INDOOR ENVIRONMENTS WHICH ARE  SUBJECT  TO
 THE  RULES  AND  REGULATIONS  OF  THE  DEPARTMENT, INCLUDING WORKPLACES,
 PUBLIC FACILITIES, AND OTHER ESTABLISHMENTS UNDER  THE  JURISDICTION  OF
 THE  DEPARTMENT. SUCH STANDARDS SHALL INCLUDE GUIDELINES RELATING TO THE
 FOLLOWING:
   (A) THE INSPECTION OF INDOOR SPACES FOR THE PRESENCE  OF  MOLD  GROWTH
 AND WATER DAMAGE.
   (B)  AN  ACCEPTABLE  EXPOSURE  LIMIT,  INCLUDING STANDARDS RELATING TO
 COMPLIANCE WITH SUCH AN ACCEPTABLE EXPOSURE LIMIT.
   (C) PROTOCOL FOR THE REMOVAL AND REMEDIATION OF EXISTING INDOOR MOLD.
   (D) METHODS TO PREVENT THE RETURN OF MOLD IN  AREAS  WHICH  HAVE  BEEN
 CLEANED,  AND  CONSTRUCTION METHODS TO PREVENT MOLD GROWTH IN NEW BUILD-
 INGS.
   3. CONSULTATION WITH RELATED EXPERTS. IN EFFECTUATING THE PURPOSES  OF
 THIS SECTION, THE COMMISSIONER, OR HIS OR HER DESIGNATED REPRESENTATIVE,
 SHALL  CONSULT  WITH  SCIENTIFICALLY RECOGNIZED ENTITIES IN THE FIELD OF
 ENVIRONMENTAL HEALTH AND SAFETY, AND RELATED AUTHORITATIVE BODIES IN THE
 FIELD OF REMEDIATION OF MOLD AND OTHER TOXIC SUBSTANCES.
   § 3. The real property law is amended by adding a new section 235-j to
 read as follows:
   § 235-J. NOTICE  OF  INDOOR  MOLD  AND  REMEDIATION  HISTORY.  1.  ALL
 PROSPECTIVE  LESSEES SHALL BE FURNISHED WITH A NOTICE, IN A FORM PROMUL-
 GATED OR APPROVED  BY  THE  STATE  DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL,  THAT  SETS  FORTH  THE  PROPERTY'S INDOOR MOLD AND REMEDIATION
 HISTORY.
   2. INFORMATION SHALL INCLUDE ANY HISTORY OF INDOOR  MOLD  AND  REMEDI-
 ATION,  IF  ANY,  OF THE PREMISES TO BE RENTED BY THE PROSPECTIVE LESSEE
 AND THE BUILDING IN WHICH THE PREMISES ARE LOCATED.
   § 4. The administrative code of the city of New  York  is  amended  by
 adding a new section 27-2009.3 to read as follows:
   § 27-2009.3 NOTICE OF INDOOR MOLD AND REMEDIATION HISTORY. FOR HOUSING
 ACCOMMODATIONS  SUBJECT  TO  THIS  CODE,  AN  OWNER SHALL FURNISH TO ALL
 PROSPECTIVE LESSEES, A NOTICE IN A FORM PROMULGATED OR APPROVED  BY  THE
 STATE  DIVISION  OF  HOUSING  AND  COMMUNITY RENEWAL THAT SETS FORTH THE
 PROPERTY'S HISTORY OF INDOOR MOLD AND THE REMEDIATION, IF ANY, REGARDING
 THE PREMISES TO BE RENTED BY THE PROSPECTIVE LESSEE AND THE BUILDING  IN
 WHICH THE PREMISES ARE LOCATED.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.