New York Public Health Code § 1377

State rental registry and proactive inspections to identify lead hazards
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* § 1377. State rental registry and proactive inspections to identify\nlead hazards. 1. The department shall, in consultation with the division\nof housing and community renewal, develop a registry for all residential\ndwellings with two or more units built prior to nineteen hundred eighty\nwhich, by virtue of their property class designation, are potentially\neligible for rental, lease, let or hiring out, and are located within\ncommunities of concern as identified by the department. Such registry\nshall only include qualifying residential dwellings outside a city with\na population of one million people or more. The department shall utilize\nall available property information to develop the registry including but\nnot limited to information from tax assessment rolls and information\nfrom property records in the office in which instruments affecting real\nproperty in the county are recorded.\n  2. The department, or their designee, shall provide written notice to\nthe owners of residential dwellings qualifying for registration in\naccordance with this section within sixty days of the effectiveness of\nsuch registry.\n  3. Owners of all residential dwellings qualifying for registration in\naccordance with this section shall certify as free of lead paint\nhazards, in accordance with subdivision seven of this section and the\nregulations promulgated thereunder. Inspection certifications must be\nsubmitted by the owner to the local health department or their designee\nfor recording in the rental registry by October first of the year the\ncertification is due.\n  4. The department, or their designee, shall provide owners of\nqualifying residential dwellings a minimum of two notices prior to the\ndeadline to submit a certification, not including the notification under\nsubdivision two of this section. Such notice shall include information\nfor owners to notify the department or their designee a residential\ndwelling is not eligible for rental, lease, let or hiring out and are\ntherefore not required to submit a certification under this section.\n  If an owner fails to submit a certification by the deadline, or\nincorrectly asserts that they are not required to submit a certification\nunder this section, the department, or their designee, shall provide an\nadditional notice prior to taking any further action.\n  5. The department shall establish an annual inspection and audit\nprocess which shall review at least ten percent of the certification\ninspections of residential dwellings qualifying for the rental registry.\nSuch process shall include individual inspections and document review to\nensure that owners complied with all obligations and responsibilities\nunder this section. Such audits shall be conducted in-person and shall\nconfirm that a residential dwelling is or is not eligible for the rental\nregistry and that the residential dwelling is free of lead paint\nhazards.\n  6. The commissioner shall promulgate regulations as needed to\nadminister, coordinate, and enforce this section.\n  7. The commissioner shall promulgate regulations regarding the\ninspections required to be completed pursuant to this section as well as\nthe certification of such inspections which shall include, but not be\nlimited to: (a) the frequency of such inspections which shall be no less\nfrequent than every three years; (b) the minimum conditions the\nresidential dwelling must meet for a valid inspection certification; (c)\nqualifications for inspectors; (d) minimum standards for a standardized\nform on which the owner of a residential dwelling may self-certify as to\na satisfactory inspection, such form shall require such owner to confirm\nsuch residential dwelling meets all the requirements of paragraph (b) of\nthis subdivision and may require such owner to submit any documentation\ndeemed necessary by the commissioner, provided, however, such owner\nshall meet the qualifications pursuant to paragraph (c) of this\nsubdivision; (e) alternative meth

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