A 1497: Relates to the remediation and prevention of indoor mold; requires notification to prospective lessees.

  
  STATE OF NEW YORK ________________________________________________________________________ 1497 2025-2026 Regular Sessions  IN ASSEMBLY January 10, 2025 ___________ Introduced by M. of A. ROSENTHAL, LUPARDO, WEPRIN, CLARK -- Multi-Spon- sored by -- M. of A. BENEDETTO -- 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: 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. 18 2. Procedures for the remediation and prevention of mold in public 19 housing. The commissioner is hereby directed and authorized to create 20 procedures for the remediation and prevention of mold in public housing. 21 Such procedures shall include: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04660-01-5 
 A. 1497 2 1 (a) A visual survey of public housing units to check for evidence of 2 water damage and the extent of mold growth, including an inspection of 3 the following: 4 (1) Any defects in construction that may cause moisture such as 5 defects in windows, roofs, or exterior siding, or improperly laid foun- 6 dations, or the absence of vapor barriers. 7 (2) Plumbing leaks. 8 (3) Floor areas under carpeting. 9 (4) Spaces under buildings and living areas, and ceiling spaces. 10 (5) Cold corners of rooms which lack proper insulation and are suscep- 11 tible to mold growth. 12 (6) Any other moisture damage, water intrusion, or leaks and rot in 13 wall cavities of public housing spaces. 14 (b) A protocol for the remediation of existing mold in public housing, 15 including standards relating to an acceptable exposure limit, including 16 compliance to such an acceptable exposure limit. Such protocol shall 17 include the following: 18 (1) Guidelines for the remediation of indoor mold which shall include 19 precautions to protect the health of residents of public housing and 20 overall public health, including preventative measures to ensure that 21 contamination does not leave the affected area. 22 (2) The utilization of tools, instruments and remediation methods 23 which are acceptable by the professional community engaged in the reme- 24 diation of mold. 25 (3) The utilization of protective gear and equipment to ensure the 26 health and safety of persons performing the remediation. 27 (4) The development of a list of professional companies engaged in the 28 business of the remediation of mold, or other toxic substances, which 29 shall be available for contracting with the department for the remedi- 30 ation of indoor mold in public housing. Such professional companies 31 shall be assessed according to the technological and economic feasibil- 32 ity of contracting with such companies, and according to their success 33 in the identification, remediation and removal of toxic mold. 34 (c) Methods to prevent the return of mold in areas which have been 35 cleaned, and construction methods to prevent mold growth in new public 36 housing facilities. With respect to the prevention of mold growth in new 37 public housing units, the department shall develop construction methods 38 which will best ensure the prevention of mold according to scientif- 39 ically recognized entities in the field of environmental health and 40 safety. 41 § 2. The public health law is amended by adding a new article 48-A to 42 read as follows: 43 ARTICLE 48-A 44 REMEDIATION OF INDOOR MOLD 45 Section 4809. Powers and duties of the commissioner with respect to 46 indoor mold. 47 § 4809. Powers and duties of the commissioner with respect to indoor 48 mold. 1. Definitions. For purposes of this section, the following terms 49 shall have the following meanings: 50 (a) "Mold" means any form of multicellular fungi that live on plant or 51 animal matter and in indoor environments. Types of mold include, but are 52 not limited to, cladosporium, penicillium, alternaria, aspergillus, 53 fusarium, trichoderma, memnoniella, mucor, and stachybotrys chartarum, 54 often found in water damaged building materials. 55 (b) "Affect" means to cause a condition by the presence of mold in the 56 dwelling unit, building, appurtenant structure, common wall, heating 
 A. 1497 3 1 system, or ventilating and air conditioning system that affects the 2 indoor air quality of a dwelling unit or building. 3 (c) "Acceptable exposure limit" means a level of mold that will not 4 adversely affect the health of occupants, and does not pose a signif- 5 icant threat to the public health. 6 2. Standards for the remediation and prevention of mold. The commis- 7 sioner, or such commissioner's designated representative, is hereby 8 authorized and directed to promulgate standards for the detection, 9 prevention, and remediation of mold growth in indoor environments which 10 are subject to the rules and regulations of the department, including 11 workplaces, public facilities, and other establishments under the juris- 12 diction of the department. Such standards shall include guidelines 13 relating to the following: 14 (a) The inspection of indoor spaces for the presence of mold growth 15 and water damage. 16 (b) An acceptable exposure limit, including standards relating to 17 compliance with such an acceptable exposure limit. 18 (c) Protocol for the removal and remediation of existing indoor mold. 19 (d) Methods to prevent the return of mold in areas which have been 20 cleaned, and construction methods to prevent mold growth in new build- 21 ings. 22 3. Consultation with related experts. In effectuating the purposes of 23 this section, the commissioner, or such commissioner's designated repre- 24 sentative, shall consult with scientifically recognized entities in the 25 field of environmental health and safety, and related authoritative 26 bodies in the field of remediation of mold and other toxic substances. 27 § 3. The real property law is amended by adding a new section 235-k to 28 read as follows: 29 § 235-k. Notice of indoor mold and remediation history. 1. All 30 prospective lessees shall be furnished with a notice, in a form promul- 31 gated or approved by the state division of housing and community 32 renewal, that sets forth the property's indoor mold and remediation 33 history. 34 2. Information shall include any history of indoor mold and remedi- 35 ation, if any, of the premises to be rented by the prospective lessee 36 and the building in which the premises are located. 37 § 4. The administrative code of the city of New York is amended by 38 adding a new section 27-2009.4 to read as follows: 39 § 27-2009.4 Notice of indoor mold and remediation history. For housing 40 accommodations subject to this code, an owner shall furnish to all 41 prospective lessees, a notice in a form promulgated or approved by the 42 state division of housing and community renewal that sets forth the 43 property's history of indoor mold and the remediation, if any, regarding 44 the premises to be rented by the prospective lessee and the building in 45 which the premises are located. 46 § 5. This act shall take effect on the one hundred eightieth day after 47 it shall have become a law. Effective immediately, the addition, amend- 48 ment and/or repeal of any rule or regulation necessary for the implemen- 49 tation of this act on its effective date are authorized to be made and 50 completed on or before such effective date.