N.Y. Public Health Law § 1373: Abatement of lead poisoning conditions

§ 1373. Abatement of lead poisoning conditions. 1. Whenever the

commissioner or his or her representative shall designate an area of

high risk, he or she shall give written notice and demand, served as

provided by this section, for the discontinuance of a paint condition

conducive to lead poisoning in any designated dwelling in such area

within a specified period of time.

2. Such notice and demand shall prescribe the method of discontinuance

of a condition conducive to lead poisoning which may include the removal

of paint containing more than one-half of one per centum of metallic

lead based on the total weight of the contained solids or dried film of

the paint or other similar surface-coating material from surfaces

specified by the commissioner or his representative under such safety

conditions as may be indicated and the refinishing of such surfaces with

a suitable finish which is not in violation of section one thousand

three hundred seventy-two of this title or the covering of such surfaces

with such material or the removal of lead contaminated soils or lead

pipes supplying drinking water as may be deemed necessary to protect the

life and health of occupants of the dwelling.

3. In the event of failure to comply with a notice and demand, the

commissioner or his or her representative shall take enforcement action

as deemed appropriate by the commissioner or his or her representative,

which may include conducting a formal hearing upon due notice in

accordance with the provisions of section twelve-a of this chapter and

on proof of violation of such notice and demand may order abatement of a

paint condition conducive to lead poisoning upon such terms as may be

appropriate and may assess a penalty not to exceed two thousand five

hundred dollars for such violation; provided, however, that abatement

shall not be ordered if the respondent proves by a preponderance of

evidence at such hearing that a paint condition conducive to lead

poisoning in the designated dwelling does not exist.

4. A notice required by this section may be served upon an owner or

occupant of the dwelling or agent of the owner in the same manner as a

summons in a civil action or by registered or certified mail to his last

known address or place of residence.

5. The removal of a tenant from or the surrender by the tenant of a

dwelling with respect to which the commissioner or his representative,

pursuant to subdivision one of this section, has given written notice

and demand for the discontinuance of a paint condition conducive to lead

poisoning shall not absolve, relieve or discharge any persons chargeable

therewith from the obligation and responsibility to discontinue such

paint condition conducive to lead poisoning in accordance with the

method of discontinuance prescribed therefor in such notice and demand.