File #: Int 0005-2022    Version: Name: Records of lead-based paint investigations.
Type: Introduction Status: Enacted
Committee: Committee on Housing and Buildings
On agenda: 2/10/2022
Enactment date: 9/3/2023 Law number: 2023/122
Title: A Local Law to amend the administrative code of the city of New York, in relation to records of lead-based paint investigations
Sponsors: Diana I. Ayala, Farah N. Louis, Shahana K. Hanif, Julie Won, Rita C. Joseph, Kevin C. Riley, Lincoln Restler, Shekar Krishnan, Eric Dinowitz, Tiffany Cabán, Kristin Richardson Jordan, Alexa Avilés, Lynn C. Schulman, Marjorie Velázquez, James F. Gennaro, Christopher Marte, Carlina Rivera , Carmen N. De La Rosa, Amanda Farías, Gale A. Brewer, Pierina Ana Sanchez, Shaun Abreu, Justin L. Brannan, Selvena N. Brooks-Powers, Erik D. Bottcher, Sandy Nurse, Jennifer Gutiérrez, Crystal Hudson, Mercedes Narcisse, Nantasha M. Williams, Charles Barron, Chi A. Ossé
Council Member Sponsors: 32
Summary: This bill would require property owners to produce records for the immediately previous year, including the annual notice, and, where appropriate, investigations conducted by such owner, including x-ray fluorescence analysis after August 1, 2025, whenever a violation for lead-based paint hazards has been issued by the Department of Housing Preservation and Development (“HPD”). This bill would establish a process for building owners to correct violations for the keeping or producing of records for 10 years. When a building owner receives a violation for record keeping, they can correct the violation by submitting a violation dismissal request form with the required 10 years of records. Alternatively, the owner may submit a violation dismissal request form with documentation demonstrating the owner’s record keeping for at least 3 consecutive years and, upon the HPD finding this documentation sufficient, the owner must pay $1,000 for each year for which the documentation is not submitted.
Attachments: 1. Summary of Int. No. 5-A, 2. Summary of Int. No. 5, 3. Int. No. 5, 4. February 10, 2022 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 2-10-22, 6. Minutes of the Stated Meeting - February 10, 2022, 7. Committee Report 4/25/23, 8. Hearing Testimony 4/25/23, 9. Hearing Transcript 4/25/23, 10. Proposed Int. No. 5-A - 7/27/23, 11. Committee Report 8/3/23, 12. Hearing Transcript 8/3/23, 13. Committee Report - Stated Meeting, 14. August 3, 2023 - Stated Meeting Agenda, 15. Hearing Transcript - Stated Meeting 8-3-23, 16. Int. No. 5-A (FINAL), 17. Fiscal Impact Statement
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
9/5/2023ADiana I. Ayala City Council Returned Unsigned by Mayor  Action details Meeting details Not available
9/3/2023ADiana I. Ayala Administration City Charter Rule Adopted  Action details Meeting details Not available
8/3/2023ADiana I. Ayala City Council Sent to Mayor by Council  Action details Meeting details Not available
8/3/2023ADiana I. Ayala City Council Approved by CouncilPass Action details Meeting details Not available
8/3/2023*Diana I. Ayala Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
8/3/2023*Diana I. Ayala Committee on Housing and Buildings Amendment Proposed by Comm  Action details Meeting details Not available
8/3/2023*Diana I. Ayala Committee on Housing and Buildings Amended by Committee  Action details Meeting details Not available
8/3/2023ADiana I. Ayala Committee on Housing and Buildings Approved by CommitteePass Action details Meeting details Not available
4/25/2023*Diana I. Ayala Committee on Health Laid Over by Committee  Action details Meeting details Not available
4/25/2023*Diana I. Ayala Committee on Health Hearing Held by Committee  Action details Meeting details Not available
4/25/2023*Diana I. Ayala Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
4/25/2023*Diana I. Ayala Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
2/10/2022*Diana I. Ayala City Council Referred to Comm by Council  Action details Meeting details Not available
2/10/2022*Diana I. Ayala City Council Introduced by Council  Action details Meeting details Not available

Int. No. 5-A

 

By Council Members Ayala, Louis, Hanif, Won, Joseph, Riley, Restler, Krishnan, Dinowitz, Cabán, Richardson Jordan, Avilés, Schulman, Velázquez, Gennaro, Marte, Rivera, De La Rosa, Farías, Brewer, Sanchez, Abreu, Brannan, Brooks-Powers, Bottcher, Nurse, Gutiérrez, Hudson, Narcisse, Williams, Barron and Ossé

 

A Local Law to amend the administrative code of the city of New York, in relation to records of lead-based paint investigations

 

Be it enacted by the Council as follows:

 

Section 1. Section 27-2056.17 of the administrative code of the city of New York is amended by adding new subdivisions b-1 and f in alphanumerical order to read as follows:

b-1. When the department issues a violation pursuant to section 27-2056.6 for a dwelling unit where a child of applicable age resides, the department shall notify the owner of the multiple dwelling where the dwelling unit is located that the owner shall, within 45 days of the department’s notice, provide to the department records of the annual notice and, where appropriate, records of investigations conducted by such owner, for the immediately previous year. On and after August 1, 2025, the department shall require all records of any x-ray fluorescence analysis conducted pursuant to subdivision a-1 of section 27-2056.4. The failure to furnish such records shall be a separate violation of this section. Nothing in this subdivision shall affect the validity of a certification of correction of a lead-based paint hazard violation issued pursuant to section 27-2056.6.

f. Notwithstanding any other provision of law, a violation issued to an owner of a multiple dwelling pursuant to section 27-2056.4, 27-2056.7, or 27-2056.17 which requires keeping or producing records for 10 years shall be dismissed as having been corrected if the owner submits: (i) a violation dismissal request form for such violation with the required consecutive 10 years of records, including such records for the year in which the owner is submitting the dismissal request; or (ii) the appropriate violation dismissal request form for such violation with documentation demonstrating that the owner has kept the required records for a period of at least 3 consecutive years, including such records for the year in which the owner is submitting the dismissal request, and upon notification from the department that such submitted documentation is sufficient, a payment of $1,000 for each year of the 10 years that the owner does not submit documentation.

§ 2. This local law takes effect September 1, 2024.

 

 

 

 

Session 12

MHL/TZ

LS #6259

7/26/23 7:30 PM

 

Session 11

JEF

LS #18067

Int. 2466-2021