New York Laws
Title 10 - Control of Lead Poisoning
1377 - State Rental Registry and Proactive Inspections to Identify Lead Hazards.

* § 1377. State rental registry and proactive inspections to identify
lead hazards. 1. The department shall, in consultation with the division
of housing and community renewal, develop a registry for all residential
dwellings with two or more units built prior to nineteen hundred eighty
which, by virtue of their property class designation, are potentially
eligible for rental, lease, let or hiring out, and are located within
communities of concern as identified by the department. Such registry
shall only include qualifying residential dwellings outside a city with
a population of one million people or more. The department shall utilize
all available property information to develop the registry including but
not limited to information from tax assessment rolls and information
from property records in the office in which instruments affecting real
property in the county are recorded.

2. The department, or their designee, shall provide written notice to
the owners of residential dwellings qualifying for registration in
accordance with this section within sixty days of the effectiveness of
such registry.

3. Owners of all residential dwellings qualifying for registration in
accordance with this section shall certify as free of lead paint
hazards, in accordance with subdivision seven of this section and the
regulations promulgated thereunder. Inspection certifications must be
submitted by the owner to the local health department or their designee
for recording in the rental registry by October first of the year the
certification is due.

4. The department, or their designee, shall provide owners of
qualifying residential dwellings a minimum of two notices prior to the
deadline to submit a certification, not including the notification under
subdivision two of this section. Such notice shall include information
for owners to notify the department or their designee a residential
dwelling is not eligible for rental, lease, let or hiring out and are
therefore not required to submit a certification under this section.

If an owner fails to submit a certification by the deadline, or
incorrectly asserts that they are not required to submit a certification
under this section, the department, or their designee, shall provide an
additional notice prior to taking any further action.

5. The department shall establish an annual inspection and audit
process which shall review at least ten percent of the certification
inspections of residential dwellings qualifying for the rental registry.
Such process shall include individual inspections and document review to
ensure that owners complied with all obligations and responsibilities
under this section. Such audits shall be conducted in-person and shall
confirm that a residential dwelling is or is not eligible for the rental
registry and that the residential dwelling is free of lead paint
hazards.

6. The commissioner shall promulgate regulations as needed to
administer, coordinate, and enforce this section.

7. The commissioner shall promulgate regulations regarding the
inspections required to be completed pursuant to this section as well as
the certification of such inspections which shall include, but not be
limited to: (a) the frequency of such inspections which shall be no less
frequent than every three years; (b) the minimum conditions the
residential dwelling must meet for a valid inspection certification; (c)
qualifications for inspectors; (d) minimum standards for a standardized
form on which the owner of a residential dwelling may self-certify as to
a satisfactory inspection, such form shall require such owner to confirm
such residential dwelling meets all the requirements of paragraph (b) of
this subdivision and may require such owner to submit any documentation
deemed necessary by the commissioner, provided, however, such owner

shall meet the qualifications pursuant to paragraph (c) of this
subdivision; (e) alternative methods of certification, which may include
the submission of a valid and active residential occupancy permit for
which the minimum conditions required under paragraph (b) of this
subdivision were required to be met for such issuance; (f) procedures
for false certifications, upon a finding by the department that a
self-certified dwelling contains lead hazards; and (g) any other
information or requirements deemed necessary by the commissioner to
administer, coordinate, and enforce this section.

8. The inspection requirements under this section shall, at a minimum,
include visual inspections for deteriorated paint and outdoor soil
conditions, as well as the collection of dust wipe samples obtained in
accordance with United States Environmental Protection Agency protocols
for such procedures.

9. Remediation of lead-based paint hazards must be conducted in
compliance with all municipal requirements and specific requirements
specified in regulation.

10. A failure to file or filing a false certificate as required under
this section shall be subject to civil penalties under section twelve of
this chapter, in addition to any penalties that may apply.

11. The commissioner shall, on or before December thirty-first in each
year, beginning the calendar year after the effective date of this
section, submit a report to the governor, the temporary president of the
senate, and the speaker of the assembly on the activity and
implementation of this section. Such report shall include but not be
limited to: the number of residential properties qualifying for
registration, the number of properties required to submit inspection
certifications by October first of such year, the number of inspection
certifications submitted by October first of such year, the number of
inspections conducted pursuant to the audit process established in
subdivision five of this section, the results of the audit process
established in subdivision five of this section, and such other
information as the commissioner determines. The information provided in
the report shall reflect statewide activities in the aggregate and
activities for each community of concern.

* NB Effective November 3, 2025

* NB Repealed November 3, 2028