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This bill would add a definition of the words “reside” and “residency” to the City’s Lead Law, in response to a decision of the New York State Court of Appeals from April of 2016. That decision held that a girl with elevated blood lead levels did not “reside” in her grandmother’s apartment, where she spent 50 hours per week, and that the landlord of the grandmother’s apartment therefore had no duty to abate the lead paint there. This bill would define “residency” as spending 15 or more hours in an apartment in a typical week.

  • Filed (End of Session)

History

City Council
Filed (End of Session)
Committee on Housing and Buildings
Hearing Held by Committee
Committee on Housing and Buildings
Laid Over by Committee
City Council
Referred to Comm by Council
City Council
Introduced by Council

Int. No. 1427

By Council Members Dromm, Salamanca, Barron, Cornegy and Rosenthal

 

A Local Law to amend the administrative code of the city of New York, in relation to defining the term reside in the lead law

 

Be it enacted by the Council as follows:

 

Section 1. Section 27-2056.2 of the administrative code of the city of New York, as added by local law 1 for the year 2004, is amended by adding a new subdivision (16) to read as follows:

(16) “Reside” or “residency” shall mean being present in a dwelling unit for 15 or more hours in a typical week.

§ 2. This local law takes effect 180 days after it becomes law, except that the board of health, department of health and mental hygiene, and department of housing preservation and development may take such actions, including the promulgation of rules, as are necessary for its timely implementation prior to such effective date.

DSS

LS 9327

12/16/16