New York City Council     Members

This legislation makes several changes to Local Law 55 of 2018, including requiring landlords to take measures to eradicate pests and remediate the existence of indoor allergen hazards and allowing the Department of Housing Preservation and Development to determine whether to perform the work to eradicate indoor allergen hazards. This legislation also makes various technical amendments.

  • Laid Over in Committee

History

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. 780

 

Council Members Rivera and Chin

 

A Local Law to amend the administrative code of the city of New York, in relation to clarifying responsibilities of owners and the department of housing preservation and development to address indoor asthma allergen hazards

 

Be it enacted by the Council as follows:

Section 1. The definition of “integrated pest management” of section 27-2017 of the administrative code of the city of New York as amended by local law number 55 for the year 2018 is amended to read as follows:

Integrated pest management. The term “integrated pest management” means ongoing prevention, monitoring and pest control activities [and reasonable efforts] to eliminate pests from any building, lot, or dwelling.  This includes, but is not limited to, [reasonable efforts to eliminate] the elimination of harborages and conditions conducive to pests, the use of traps, and, when necessary, the use of pesticides.

                     § 2. The definition of “remediation” or “remediate” of section 27-2017 of the administrative code of the city of New York as amended by local law number 55 for the year 2018 is amended to read as follows:

Remediation or remediate. The term “remediation” or “remediate” means [reasonable efforts] measures to eradicate pests in accordance with section 27-2017.8 and [reasonable efforts] measures to eradicate indoor mold hazards in accordance with rules promulgated pursuant to section 27-2017.9.

§ 3. Section 27-2017.1 of article 4 of subchapter 2 of chapter 2 of title 27 of the administrative code of the city of New York, as added by local law number 55 for the year 2018, is amended to read as follows

§27-2017.1 Owners' responsibility to remediate. The existence of an indoor allergen  hazard in any dwelling unit in a multiple dwelling is hereby declared to constitute a condition dangerous to health.  An owner of a dwelling shall [take reasonable measures to] keep the premises free from pests and other indoor allergen hazards and from any condition conducive to indoor allergen hazards, and shall [take reasonable measures to] prevent the reasonably foreseeable occurrence of such a conditions and shall expeditiously [take reasonable measures to] remediate such conditions and any underlying defect, when such underlying defect exists, consistent with section 27-2017.8 and the rules promulgated pursuant to section 27-2017.9.

                     § 4. Paragraph a of section 17-199.6 of chapter 1 of title 17 of the administrative code of the city of New York, as added by local law number 55 for the year 2018, is amended to read as follows:

§ 17-199.6 Investigations of indoor allergen hazards in dwellings of persons with medically diagnosed moderate persistent or severe persistent asthma. a. The department shall establish procedures to permit doctors, nurses, or other health professionals, upon the consent of their patients, to request a department investigation of possible indoor allergen hazards in dwellings where persons reside who have been medically diagnosed with moderate persistent or severe persistent asthma. Such procedures shall provide for the referral to the department of housing preservation and development of such requests that would be subject to section 27-2017.6. The procedures shall also provide for an investigation to be made when the department is notified that a person who has been medically diagnosed with  moderate persistent or severe persistent asthma is residing in a dwelling with possible indoor allergen hazards not otherwise subject to enforcement by the department of housing preservation and development under section 27-2017.6. Such indoor allergen hazards may include, but are not limited to, mold that is not readily observable to the eye, including mold that is hidden within wall cavities, construction dust or such other conditions as the department shall from time-to-time determine by rule are indoor allergen hazards.

§ 5. Paragraph c of section 17-199.6 of chapter 1 of title 17 of the administrative code of the city of New York, as added by local law number 55 for the year 2018, is amended to read as follows:

c. In the event that the department determines that the owner or other person having the duty or liability to comply with an order issued pursuant to this section fails to substantially comply therewith within twenty-one days after service thereof, the department shall, in accordance with section 27-2017.10, refer such order to the department of housing preservation and development. The department of housing preservation and development may [shall] take such enforcement action as is necessary, including performing or arranging for the performance of the work to correct the certified condition.

§ 6. This local law takes effect on the same day as local law number 55 for the year 2018  takes effect, except that the commissioners of health and mental hygiene and housing preservation and development may take such measures as are necessary for its implementation, including the promulgation of rules, before such effective date.

 

MPC

LS 5949

3/20/18 2:58pm