Requires the disclosure of lead-based paint test reports in real estate transactions.
This bill creates the “Lead-Based Paint Right to Know Act” and requires lead-based paint testing and disclosure in residential real estate transactions for property built before 1978. Beginning August 1, 2026, sellers of covered residential property must provide buyers, before a binding contract is signed, a certificate showing the property has been tested for lead-based paint along with the full test report, and must attach those documents to the sale contract. The bill also requires filing the certificate and report with county title-recording offices and with a new Department of Health registry, which must be publicly accessible online and translated for broader public use.
The bill also amends the Real Property Law to require landlords, before executing a residential lease or rental agreement, to provide tenants with lead-based paint test reports and any other lead-related reports in the owner’s possession or control. It makes any waiver of these rights void as against public policy, sets civil penalties for violations, and preserves existing legal remedies. The bill updates the state property condition disclosure form to alert buyers that New York law requires lead testing or production of prior test results for pre-1978 homes, and it exempts certain transfers such as intra-family transfers, estate administration, government transfers, and some demolition-related transfers.
The bill would add a new article to the Real Property Law and a new disclosure section governing residential leases, expanding state law beyond general federal lead disclosure requirements. It would impose a new pre-sale testing obligation for most residential properties built before 1978, require recordkeeping and registry submission, and create a new disclosure duty for landlords to tenants. It also authorizes tax deductions for some testing costs, bars contractual waivers of lead-testing rights, and allows enforcement through civil penalties and existing legal causes of action. The measure would interact with the Department of Health’s lead inspection registry created under Public Health Law section 1377 and would affect sellers, buyers, landlords, real estate agents, title-recording offices, and local health departments.
The bill appears to have generally favorable support in the Assembly, as reflected by repeated committee approvals and a strong final floor passage of 106-40. The legislative findings frame the measure as a public health and equity response to persistent childhood lead poisoning, especially in older housing and in communities disproportionately affected by lead exposure. The bill’s structure also suggests an effort to make lead information more accessible and standardized for both purchasers and renters.
The main points of contention are likely the cost and administrative burden of mandatory testing, reporting, and registry filing on sellers and landlords, especially for older housing stock. The bill partially addresses that concern by allowing limited tax deductions for testing costs and by exempting several categories of transfers, but it still requires broad compliance for most pre-1978 residential sales. Another likely issue is the bill’s expansion beyond existing federal disclosure rules, including its prohibition on waivers and its requirement that sellers provide actual test reports rather than only known lead-hazard disclosures. Supporters emphasize child health protection, transparency, and equity; opponents appear to have focused on implementation burden and transaction costs, as reflected in the nontrivial number of negative votes at each stage.