Sunday, December 14, 2008

Tenant Notification Law Goes Into Effect.


Governor David Patterson on September 4, 2008 signed into law Chapter 521 of 2008 going into effect on December 3, 2008. This act amended the environmental conservation law, in relation to the notification of test results. The law defines test results to include results of tests on indoor air, sublab air, ambient air, subslab groundwater samples, and subslab soil samples.
The law requires if test results exceed New York State Department of Health (NYS DOH) indoor air guidelines, or Occupational Safety and Health Administration (OSHA) guidelines for indoor air quality the owner of the real property or the owner’s agent shall provide a fact sheet to all tenants and occupants. In addition, the owner shall provide timely notice of any public meetings required to be held to discuss such results to all tenants and occupants. If tenants and occupants request, the owner shall provide test results and any closure letter, within 15 daysof receipt of such results. Should the property have an engineering control in place or is subject to ongoing monitoring the law requires the owner or the agent, upon request, to provide fact sheets, test results or closure letters prior to the signing of a binding lease or rental agreeement with any prospective tenant. In addition, notice shall be included in the rental or lease agreement stating "NOTIFICATION OF TEST RESULTS The property has been tested for contamination of indoor air: test results and additional information are available upon request."
This law was put into place to provide rights to tenants and occupants to access test results and information regarding the contamination of the property they lease, rent, or occupy.

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