New York S 4265: Requires the disclosure of lead-based paint test reports in real estate transactions

Bill Text

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S04265 Summary:

BILL NOS04265A

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SAME ASSAME AS A01529-A

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SPONSORKAVANAGH

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COSPNSRBAILEY, BRISPORT, BROUK, CLEARE, COONEY, FERNANDEZ, GONZALEZ, HOYLMAN-SIGAL, JACKSON, KRUEGER, MAY,
 MYRIE, PARKER, RAMOS, RIVERA, RYAN C, RYAN S, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS, WEBB

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MLTSPNSR

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Add Art 17 §§530 - 534, §235-aa, amd §462, RP L

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Requires the disclosure of lead-based paint test reports in real estate transactions.

Go to top S04265 Actions:

BILL NOS04265A

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02/03/2025REFERRED TO JUDICIARY

06/05/2025AMEND AND RECOMMIT TO JUDICIARY

06/05/2025PRINT NUMBER 4265A

01/07/2026REFERRED TO JUDICIARY

Go to topS04265 Committee&nbspVotes:

Go to topS04265 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04265 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4265--A

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 Introduced by Sens. KAVANAGH, BAILEY, BRISPORT, BROUK, CLEARE, COONEY,
 FERNANDEZ, GONZALEZ, HOYLMAN-SIGAL, JACKSON, KRUEGER, MAY, MYRIE,
 PARKER, RAMOS, RIVERA, C. RYAN, S. RYAN, SALAZAR, SEPULVEDA, SERRANO,
 SKOUFIS, WEBB -- read twice and ordered printed, and when printed to
 be committed to the Committee on Judiciary -- committee discharged,
 bill amended, ordered reprinted as amended and recommitted to said
 committee

 AN ACT to amend the real property law, in relation to requiring the
 disclosure of lead-based paint test reports in real estate trans-
 actions

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative findings. a. The legislature hereby finds and
 2 declares that lead poisoning of children persists as one of the most
 3 prevalent and preventable environmental diseases in New York state.
 4 Nearly 100,000 children were newly identified with levels of lead in
 5 their blood at five micrograms per deciliter (mcg/dL) in New York state
 6 between 2011 and 2015.
 7 b. Medical research indicates that children can suffer permanent brain
 8 damage at blood levels even lower than 5 mcg/dL, and that there is no
 9 level of lead ingestion that is without adverse impact; indeed, in 2021
 10 the federal Centers for Disease Control and Prevention revised the blood
 11 lead reference level downward to 3.5 mcg/dL.
 12 c. Black children and children from low-income households are consist-
 13 ently found to have higher levels of lead in their blood than their
 14 white peers or their peers from higher income households.
 15 d. The predominant cause of lead poisoning in young children is the
 16 ingestion of lead particles from deteriorating or abraded lead-based
 17 paint from older and poorly maintained residences. Although New York
 18 state banned the sale of lead-based paint in 1970, (l.1970, ch. 338) 74%
 19 of New York's housing stock was constructed prior to 1970 and lead-based

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03092-03-5

 S. 4265--A 2

 1 paint was available outside of the state until 1978. New York state has
 2 both the nation's greatest number (over 4 million units), the highest
 3 percentage (55.08%) of pre-1960 and pre-1950 (41.0%) housing, and the
 4 oldest housing inventory among the fifty states. At least ninety percent
 5 of lead-based paint still exists in occupied housing built before 1960.
 6 New York state's older housing stock places residents at great risk of
 7 exposure to lead hazards, with low-income children living in older hous-
 8 ing having the highest risk of lead poisoning.
 9 e. Knowledge of lead-based paint hazards, their control, mitigation,
 10 abatement, and risk avoidance is not sufficiently widespread. In addi-
 11 tion, while federal law requires the disclosure by sellers of real prop-
 12 erty of knowledge of the existence of lead-based paint and lead-based
 13 paint hazards, and encourages potential buyers to conduct inspections
 14 for lead-based paint, these mechanisms neither mandate that such
 15 inspections take place either by sellers or buyers. This gap in disclo-
 16 sure requirements results in residential property being transferred
 17 without any knowledge of the potential for s