S.2142-A: Lead-Based Paint Disclosure Act

• Requires sellers of residential real property built before 1978 to deliver a lead-based paint test certificate and report to buyers prior to signing a binding contract of sale, effective August 1, 2022.

• Test for lead-based paint must be conducted by a certified inspector following federal standards and include both a lead hazard risk assessment and inspection with specific test locations and readings documented.

• Sellers who have not received prior test results from previous owners may deduct up to $500 (or $400 per unit in multifamily buildings) in testing costs from New York State transfer taxes.

• Certificates and test reports must be filed with the county department of health and the county registrar of title; the registrar cannot accept a title transfer instrument without the required certificate where applicable.

• Exempts certain transfers from the testing requirement, including transfers between family members, to or from government entities, sheriff sales, and transfers of unoccupied properties to be demolished.

• Requires property owners to disclose all lead-based paint test reports to tenants prior to executing a lease or rental agreement, with violations subject to civil penalties up to $10,000 and tenant damages.