§ 27-2405 — Tenant notification of indoor air contamination

§ 27-2405. Tenant notification of indoor air contamination.\n 1. For purposes of this section:\n a. "test results" shall include the results of any tests conducted on\nindoor air, subslab air, ambient air, subslab groundwater samples, and\nsubslab soil samples; and\n b. "issuer" means:\n (i) a person subject to an order issued pursuant to title thirteen of\nthis article, article twelve of the navigation law, or title twelve-A of\narticle thirteen of the public health law,\n (ii) a participant as defined in subdivision 1 of section 27-1405 of\nthis article subject to an agreement entered into pursuant to title\nfourteen of this article, or\n (iii) by a municipality subject to a contract entered into pursuant to\ntitle five of article fifty-six of this chapter; or\n (iv) by the department.\n 2. Any owner of real property or any owner's agent to whom indoor air\ncontamination test results have been provided by an issuer shall, in\ncases where test results exceed department of health indoor air\nguidelines or the occupational safety and health administration\nguidelines for indoor air quality, provide a fact sheet and timely\nnotice of any public meetings required to be held to discuss such\nresults to all tenants and occupants and upon request such test results\nand any closure letter, within fifteen days of receipt of such results.\nGeneric fact sheets shall be prepared by the department of health and\nshall identify at a minimum the compound or contaminant of concern,\nreportable detection levels established by the department of health\nindoor air guidelines or the occupational safety and health\nadministration guidelines for indoor air quality and health risks\nassociated with exposure to such compound or contaminant and a means to\nobtain more information on the compound or contaminant.\n 3. For real property for which an engineering control is in place to\nmitigate indoor air contamination, or if the real property is subject to\nongoing monitoring pursuant to an ongoing remedial program, the owner or\nowner's agent of real property to whom indoor air contamination test\nresults have been provided by an issuer shall provide, or cause to be\nprovided, fact sheets, and upon request any test results, or closure\nletter received by such owner or owner's agent to any prospective tenant\nprior to the signing of a binding lease or rental agreement. Generic\nfact sheets shall be prepared by the department of health and shall\nidentify at a minimum the compound or contaminant of concern, reportable\ndetection levels established by the department of health indoor air\nguidelines or the occupational safety and health administration\nguidelines for indoor air quality and health risks associated with\nexposure to such compound or contaminant and a means to obtain more\ninformation on the compound or contaminant. Such notice shall be\nincluded in the rental or lease agreement and shall contain the\nfollowing in at least twelve point type in bold face on the first page:\n"NOTIFICATION OF TEST RESULTS The property has been tested for\ncontamination of indoor air: test results and additional information are\navailable upon request."\n