Bill Text: NY A00662 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the remediation and prevention of indoor mold; requires the disclosure of indoor mold history upon the sale of certain real property; requires notification to prospective lessees; directs the commissioner of housing and community renewal and the commissioner of health to promulgate rules and standards for the remediation and prevention of indoor mold.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2020-01-08 - referred to housing [A00662 Detail]

Download: New_York-2019-A00662-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           662
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M. of A. L. ROSENTHAL, LUPARDO, JAFFEE, WEPRIN -- Multi-
          Sponsored by -- M. of A. BENEDETTO, ENGLEBRIGHT,  GOTTFRIED,  GUNTHER,
          PERRY -- 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 requiring the disclosure of indoor mold history upon
          the sale of certain real property; 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:
     1    Section 1. The public housing law is amended by adding a  new  section
     2  16-a to read as follows:
     3    §  16-a.  Powers and duties of the commissioner with respect to indoor
     4  mold. 1. Definitions. For purposes of this section, the following  terms
     5  shall have the following meanings:
     6    (a) "Mold" means any form of multicellular fungi that live on plant or
     7  animal matter and in indoor environments. Types of mold include, but are
     8  not  limited  to,  cladosporium,  penicillium,  alternaria, aspergillus,
     9  fusarium, trichoderma, memnoniella, mucor, and  stachybotrys  chartarum,
    10  often found in water damaged building materials.
    11    (b) "Affect" means to cause a condition by the presence of mold in the
    12  dwelling  unit,  building,  appurtenant  structure, common wall, heating
    13  system, or ventilating and air  conditioning  system  that  affects  the
    14  indoor air quality of a dwelling unit or building.
    15    (c)  "Acceptable  exposure  limit" means a level of mold that will not
    16  adversely affect the health of residents of public  housing  units,  and
    17  does not pose a significant threat to the public health.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01848-01-9

        A. 662                              2
     1    2.  Procedures  for  the  remediation and prevention of mold in public
     2  housing. The commissioner is hereby directed and  authorized  to  create
     3  procedures for the remediation and prevention of mold in public housing.
     4  Such procedures shall include:
     5    (a)  A  visual survey of public housing units to check for evidence of
     6  water damage and the extent of mold growth, including an  inspection  of
     7  the following:
     8    (1)  Any  defects  in  construction  that  may  cause moisture such as
     9  defects in windows, roofs, or exterior siding, or improperly laid  foun-
    10  dations, or the absence of vapor barriers.
    11    (2) Plumbing leaks.
    12    (3) Floor areas under carpeting.
    13    (4) Spaces under buildings and living areas, and ceiling spaces.
    14    (5) Cold corners of rooms which lack proper insulation and are suscep-
    15  tible to mold growth.
    16    (6)  Any  other  moisture damage, water intrusion, or leaks and rot in
    17  wall cavities of public housing spaces.
    18    (b) A protocol for the remediation of existing mold in public housing,
    19  including standards relating to an acceptable exposure limit,  including
    20  compliance  to  such  an  acceptable exposure limit. Such protocol shall
    21  include the following:
    22    (1) Guidelines for the remediation of indoor mold which shall  include
    23  precautions  to  protect  the  health of residents of public housing and
    24  overall public health, including preventative measures  to  ensure  that
    25  contamination does not leave the affected area.
    26    (2)  The  utilization  of  tools,  instruments and remediation methods
    27  which are acceptable by the professional community engaged in the  reme-
    28  diation of mold.
    29    (3)  The  utilization  of  protective gear and equipment to ensure the
    30  health and safety of persons performing the remediation.
    31    (4) The development of a list of professional companies engaged in the
    32  business of the remediation of mold, or other  toxic  substances,  which
    33  shall  be  available for contracting with the department for the remedi-
    34  ation of indoor mold in  public  housing.  Such  professional  companies
    35  shall  be assessed according to the technological and economic feasibil-
    36  ity of contracting with such companies, and according to  their  success
    37  in the identification, remediation and removal of toxic mold.
    38    (c)  Methods  to  prevent  the return of mold in areas which have been
    39  cleaned, and construction methods to prevent mold growth in  new  public
    40  housing facilities. With respect to the prevention of mold growth in new
    41  public  housing units, the department shall develop construction methods
    42  which will best ensure the prevention of  mold  according  to  scientif-
    43  ically  recognized  entities  in  the  field of environmental health and
    44  safety.
    45    § 2. The public health law is amended by adding a new article 48-A  to
    46  read as follows:
    47                                 ARTICLE 48-A
    48                         REMEDIATION OF INDOOR MOLD
    49    Section  4809.  Powers  and duties of the commissioner with respect to
    50  indoor mold.
    51    § 4809. Powers and duties of the commissioner with respect  to  indoor
    52  mold.  1. Definitions. For purposes of this section, the following terms
    53  shall have the following meanings:
    54    (a) "Mold" means any form of multicellular fungi that live on plant or
    55  animal matter and in indoor environments. Types of mold include, but are
    56  not limited  to,  cladosporium,  penicillium,  alternaria,  aspergillus,

        A. 662                              3
     1  fusarium,  trichoderma,  memnoniella, mucor, and stachybotrys chartarum,
     2  often found in water damaged building materials.
     3    (b) "Affect" means to cause a condition by the presence of mold in the
     4  dwelling  unit,  building,  appurtenant  structure, common wall, heating
     5  system, or ventilating and air  conditioning  system  that  affects  the
     6  indoor air quality of a dwelling unit or building.
     7    (c)  "Acceptable  exposure  limit" means a level of mold that will not
     8  adversely affect the health of occupants, and does not  pose  a  signif-
     9  icant threat to the public health.
    10    2.  Standards for the remediation and prevention of mold.  The commis-
    11  sioner, or his or her designated representative,  is  hereby  authorized
    12  and  directed to promulgate standards for the detection, prevention, and
    13  remediation of mold growth in indoor environments which are  subject  to
    14  the  rules  and  regulations  of  the  department, including workplaces,
    15  public facilities, and other establishments under  the  jurisdiction  of
    16  the  department. Such standards shall include guidelines relating to the
    17  following:
    18    (a) The inspection of indoor spaces for the presence  of  mold  growth
    19  and water damage.
    20    (b)  An  acceptable  exposure  limit,  including standards relating to
    21  compliance with such an acceptable exposure limit.
    22    (c) Protocol for the removal and remediation of existing indoor mold.
    23    (d) Methods to prevent the return of mold in  areas  which  have  been
    24  cleaned,  and  construction methods to prevent mold growth in new build-
    25  ings.
    26    3. Consultation with related experts. In effectuating the purposes  of
    27  this section, the commissioner, or his or her designated representative,
    28  shall  consult  with  scientifically recognized entities in the field of
    29  environmental health and safety, and related authoritative bodies in the
    30  field of remediation of mold and other toxic substances.
    31    § 3. Subdivision 2 of section 462 of the real property law,  as  added
    32  by chapter 456 of the laws of 2001, is amended to read as follows:
    33    2. The following shall be the disclosure form:
    34                   PROPERTY CONDITION DISCLOSURE STATEMENT
    35  NAME OF SELLER OR SELLERS:
    36  PROPERTY ADDRESS:
    37    THE  PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
    38  TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY  THEREOF
    39  TO  BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
    40  BUYER OF A BINDING CONTRACT OF SALE.
    41    PURPOSE OF STATEMENT: THIS IS A STATEMENT OF  CERTAIN  CONDITIONS  AND
    42  INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
    43  STATEMENT  IS  NOT  A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
    44  REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE  FOR
    45  ANY  INSPECTIONS  OR  TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
    46  HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
    47  ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
    48    A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON  THIS  FORM
    49  MAY  SUBJECT  THE  SELLER  TO  CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
    50  TRANSFER OF TITLE.  IN THE EVENT A SELLER  FAILS  TO  PERFORM  THE  DUTY
    51  PRESCRIBED  IN  THIS  ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO
    52  THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER  SHALL
    53  RECEIVE  UPON  THE  TRANSFER  OF  TITLE A CREDIT OF FIVE HUNDRED DOLLARS
    54  AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.
    55    "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A  ONE  TO
    56  FOUR  FAMILY  DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-

        A. 662                              4
     1  PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
     2  BUT SHALL NOT REFER TO (A) UNIMPROVED  REAL  PROPERTY  UPON  WHICH  SUCH
     3  DWELLINGS  ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
     4  APARTMENTS  OR  (C)  PROPERTY  ON  A HOMEOWNERS' ASSOCIATION THAT IS NOT
     5  OWNED IN FEE SIMPLE BY THE SELLER.
     6  INSTRUCTIONS TO THE SELLER:
     7    (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
     8    (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
     9  REQUIRED.
    10    (c) COMPLETE THIS FORM YOURSELF.
    11    (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK  "NA"  (NON-AP-
    12  PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
    13    SELLER'S  STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO
    14  THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF  SIGN-
    15  ING  THIS  DOCUMENT.  THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO
    16  PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE  RESIDEN-
    17  TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
    18  AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
    19  GENERAL INFORMATION
    20    1. HOW LONG HAVE YOU OWNED THE PROPERTY?
    21    2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
    22    3. WHAT  IS  THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
    23       THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO  INVESTI-
    24       GATE FOR THE PRESENCE OF LEAD BASED PAINT.
    25    4. DOES  ANYBODY  OTHER  THAN  YOURSELF  HAVE A LEASE, EASEMENT OR ANY
    26       OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY  OTHER  THAN
    27       THOSE  STATED  IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
    28       RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
    29    5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY?   YES  NO
    30       UNKN NA (IF YES, EXPLAIN BELOW)
    31    6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
    32       CLAIM  CHALLENGING  YOUR  TITLE TO THE PROPERTY? YES NO UNKN NA (IF
    33       YES, EXPLAIN BELOW)
    34    7. ARE THERE ANY FEATURES  OF  THE  PROPERTY  SHARED  IN  COMMON  WITH
    35       ADJOINING  LAND  OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,
    36       FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
    37    8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES  FOR  LINE  EXTEN-
    38       SIONS,  SPECIAL  ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES
    39       THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    40    9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY?    YES
    41       NO UNKN NA (IF NO, EXPLAIN BELOW)
    42  ENVIRONMENTAL
    43    NOTE  TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD-
    44  ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT  YOU  KNOW
    45  TO  HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY
    46  OR FROM THE PROPERTY ONTO ANY OTHER  PROPERTY.  PETROLEUM  PRODUCTS  MAY
    47  INCLUDE,  BUT  ARE  NOT  LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
    48  FUEL, AND LUBRICANTS. HAZARDOUS OR  TOXIC  SUBSTANCES  ARE  PRODUCTS  OR
    49  OTHER  MATERIAL  THAT  COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL
    50  HEALTH OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF,  APPLIED
    51  OR  STORED.   THESE INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTI-
    52  CIDES AND INSECTICIDES, PAINT INCLUDING PAINT THINNER,  VARNISH  REMOVER
    53  AND  WOOD  PRESERVATIVES,  TREATED  WOOD, CONSTRUCTION MATERIALS SUCH AS

        A. 662                              5
     1  ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS,
     2  BATTERIES, CLEANING SOLVENTS INCLUDING SEPTIC TANK  CLEANERS,  HOUSEHOLD
     3  CLEANERS  [AND],  POOL  CHEMICALS [AND], PRODUCTS CONTAINING MERCURY AND
     4  LEAD AND INDOOR MOLD.
     5    NOTE  TO  BUYER  -  IF  CONTAMINATION  OF THIS PROPERTY FROM PETROLEUM
     6  PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO  YOU,  YOU
     7  ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.
     8    10. IS  ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN?
     9        YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
    10    11. IS ANY OR ALL OF THE PROPERTY LOCATED  IN  A  DESIGNATED  WETLAND?
    11        YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
    12    12. IS  THE  PROPERTY  LOCATED  IN AN AGRICULTURAL DISTRICT?   YES  NO
    13        UNKN  NA (IF YES, EXPLAIN BELOW)
    14    13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL?  YES  NO   UNKN   NA
    15        (IF YES, EXPLAIN BELOW)
    16    14. ARE  THERE  OR  HAVE  THERE  EVER BEEN FUEL STORAGE TANKS ABOVE OR
    17        BELOW THE GROUND ON THE PROPERTY?  YES  NO  UNKN  NA  IF YES,  ARE
    18        THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
    19        OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    20    15. IS  THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE
    21        LOCATION OR LOCATIONS BELOW)
    22    16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES,  STATE  LOCATION
    23        OR LOCATIONS BELOW)
    24    17. HAS  A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY
    25        OF THE REPORT)
    26    18. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING  OIL  OR
    27        ANY  OTHER  PETROLEUM  PRODUCT,  METHANE  GAS, OR ANY HAZARDOUS OR
    28        TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON  THE
    29        PROPERTY  OR  FROM  THE  PROPERTY ONTO ANY OTHER PROPERTY?  YES NO
    30        UNKN NA (IF YES, DESCRIBE BELOW)
    31    19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
    32        OIL, HOME HEATING FUEL, LUBRICATING OIL, OR  ANY  OTHER  PETROLEUM
    33        PRODUCT,  METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO
    34        UNKN NA (IF YES, ATTACH REPORT(S))
    35    19-a.  HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO  UNKN  (IF
    36        YES, ATTACH A COPY OF THE REPORT)
    37    19-b.   IS THERE INDOOR MOLD ON THE PROPERTY PRESENTLY? (IF YES, STATE
    38        LOCATION OR LOCATIONS BELOW)
    39  STRUCTURAL
    40    20. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE  OR  STRUCTURES?
    41        YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    42    21. IS  THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
    43        YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    44    22. IS THERE ANY  TERMITE,  INSECT,  RODENT  OR  PEST  INFESTATION  OR
    45        DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    46    23. HAS  THE  PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
    47        INFESTATION OR DAMAGE? YES NO  UNKN  NA  (IF  YES,  PLEASE  ATTACH
    48        REPORT(S))
    49    24. WHAT  IS  THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)?
    50        ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
    51        FERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO  UNKN  NA  (IF
    52        YES, EXPLAIN BELOW)

        A. 662                              6
     1    25. ARE  THERE  ANY  KNOWN  MATERIAL  DEFECTS  IN ANY OF THE FOLLOWING
     2        STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS  OR
     3        PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW)
     4  MECHANICAL SYSTEMS & SERVICES
     5    26. WHAT  IS  THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
     6        MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
     7    27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
     8        (IF YES, DESCRIBE BELOW)
     9    28. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY -  PUBLIC
    10        SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)?  IF SEPTIC OR CESSPOOL,
    11        AGE?  ________  DATE  LAST  PUMPED? ________ FREQUENCY OF PUMPING?
    12        ________ ANY KNOWN MATERIAL DEFECTS?   YES NO  UNKN  NA  (IF  YES,
    13        EXPLAIN BELOW)
    14    29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
    15        AGE?  ________  DOES  IT  HAVE CIRCUIT BREAKERS OR FUSES? ________
    16        PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS?  YES
    17        NO UNKN NA (IF YES, EXPLAIN BELOW)
    18    30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
    19        IN  STANDING  WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA
    20        (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
    21    31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES
    22        NO UNKN NA (IF YES, EXPLAIN BELOW)
    23        ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE  FOLLOWING  (IF
    24        YES, EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
    25    32. PLUMBING SYSTEM?            YES NO UNKN NA
    26    33. SECURITY SYSTEM?            YES NO UNKN NA
    27    34. CARBON MONOXIDE DETECTOR?   YES NO UNKN NA
    28    35. SMOKE DETECTOR?             YES NO UNKN NA
    29    36. FIRE SPRINKLER SYSTEM?      YES NO UNKN NA
    30    37. SUMP PUMP?                  YES NO UNKN NA
    31    38. FOUNDATION/SLAB?            YES NO UNKN NA
    32    39. INTERIOR WALLS/CEILINGS?    YES NO UNKN NA
    33    40. EXTERIOR WALLS OR SIDING?   YES NO UNKN NA
    34    41. FLOORS?                     YES NO UNKN NA
    35    42. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
    36    43. PATIO/DECK?                 YES NO UNKN NA
    37    44. DRIVEWAY?                   YES NO UNKN NA
    38    45. AIR CONDITIONER?            YES NO UNKN NA
    39    46. HEATING SYSTEM?             YES NO UNKN NA
    40    47. HOT WATER HEATER?           YES NO UNKN NA
    41    48. THE  PROPERTY  IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT    UNKN
    42       NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC  RECORDS  CONCERNING  THE
    43       PROPERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
    44    THE  SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
    45  NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
    46  TIONAL PAGES ATTACHED.
    47    ______________________________________________________________
    48    ______________________________________________________________
    49    ______________________________________________________________
    50    ______________________________________________________________
    51    SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN  THIS
    52  PROPERTY  CONDITION  DISCLOSURE  STATEMENT  IS  TRUE AND COMPLETE TO THE
    53  SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED  BY  THE  SELLER.  IF  A
    54  SELLER  OF  RESIDENTIAL  REAL  PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
    55  MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED

        A. 662                              7
     1  PREVIOUSLY, THE  SELLER  SHALL  DELIVER  A  REVISED  PROPERTY  CONDITION
     2  DISCLOSURE  STATEMENT  TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
     3  HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
     4  TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
     5  THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
     6    SELLER__________ DATE___________
     7    SELLER__________ DATE___________
     8    BUYER'S  ACKNOWLEDGMENT:  BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
     9  STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT  OF
    10  CERTAIN  CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
    11  SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
    12  AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR  OTHER  INSPECTIONS
    13  OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
    14    BUYER__________ DATE__________
    15    BUYER__________ DATE _________
    16    §  4.   The real property law is amended by adding a new section 235-h
    17  to read as follows:
    18    § 235-h. Notice  of  indoor  mold  and  remediation  history.  1.  All
    19  prospective  lessees shall be furnished with a notice, in a form promul-
    20  gated or approved  by  the  state  division  of  housing  and  community
    21  renewal,  that  sets  forth  the  property's indoor mold and remediation
    22  history.
    23    2. Information shall include any history of indoor  mold  and  remedi-
    24  ation,  if  any,  of the premises to be rented by the prospective lessee
    25  and the building in which the premises are located.
    26    § 5. The administrative code of the city of New  York  is  amended  by
    27  adding a new section 27-2009.3 to read as follows:
    28    § 27-2009.3 Notice of indoor mold and remediation history. For housing
    29  accommodations  subject  to  this  code,  an  owner shall furnish to all
    30  prospective lessees, a notice in a form promulgated or approved  by  the
    31  state  division  of  housing  and  community renewal that sets forth the
    32  property's history of indoor mold and the remediation, if any, regarding
    33  the premises to be rented by the prospective lessee and the building  in
    34  which the premises are located.
    35    §  6.    This  act  shall take effect on the one hundred eightieth day
    36  after it shall have become a law; provided, however, that section  three
    37  of  this  act shall apply to contracts of sale for real property entered
    38  into on or after such effective date;  and  provided  further,  however,
    39  that  effective  immediately  the  commissioner of housing and community
    40  renewal and the commissioner of health, in consultation with each other,
    41  are hereby authorized and directed to promulgate  any  rules  and  regu-
    42  lations  necessary  for  the implementation of this act on or before its
    43  effective date.
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