N.Y. Environmental Conservation Law § 27-2405: Tenant notification of indoor air contamination

§ 27-2405. Tenant notification of indoor air contamination.

1. For purposes of this section:

a. "test results" shall include the results of any tests conducted on

indoor air, subslab air, ambient air, subslab groundwater samples, and

subslab soil samples; and

b. "issuer" means:

(i) a person subject to an order issued pursuant to title thirteen of

this article, article twelve of the navigation law, or title twelve-A of

article thirteen of the public health law,

(ii) a participant as defined in subdivision 1 of section 27-1405 of

this article subject to an agreement entered into pursuant to title

fourteen of this article, or

(iii) by a municipality subject to a contract entered into pursuant to

title five of article fifty-six of this chapter; or

(iv) by the department.

2. Any owner of real property or any owner's agent to whom indoor air

contamination test results have been provided by an issuer shall, in

cases where test results exceed department of health indoor air

guidelines or the occupational safety and health administration

guidelines for indoor air quality, provide a fact sheet and timely

notice of any public meetings required to be held to discuss such

results to all tenants and occupants and upon request such test results

and any closure letter, within fifteen days of receipt of such results.

Generic fact sheets shall be prepared by the department of health and

shall identify at a minimum the compound or contaminant of concern,

reportable detection levels established by the department of health

indoor air guidelines or the occupational safety and health

administration guidelines for indoor air quality and health risks

associated with exposure to such compound or contaminant and a means to

obtain more information on the compound or contaminant.

3. For real property for which an engineering control is in place to

mitigate indoor air contamination, or if the real property is subject to

ongoing monitoring pursuant to an ongoing remedial program, the owner or

owner's agent of real property to whom indoor air contamination test

results have been provided by an issuer shall provide, or cause to be

provided, fact sheets, and upon request any test results, or closure

letter received by such owner or owner's agent to any prospective tenant

prior to the signing of a binding lease or rental agreement. Generic

fact sheets shall be prepared by the department of health and shall

identify at a minimum the compound or contaminant of concern, reportable

detection levels established by the department of health indoor air

guidelines or the occupational safety and health administration

guidelines for indoor air quality and health risks associated with

exposure to such compound or contaminant and a means to obtain more

information on the compound or contaminant. Such notice shall be

included in the rental or lease agreement and shall contain the

following in at least twelve point type in bold face on the first page:

"NOTIFICATION OF TEST RESULTS The property has been tested for

contamination of indoor air: test results and additional information are

available upon request."