Chapter 521 of the Laws of 2008, signed into law by Governor Paterson on September 4, 2008, adds Section 27-2405 ("Tenant notification of indoor air contamination") to the ECL Under this Section, the owner of real property, or its agent, to whom indoor air contamination "test results" have been provided by an "issuer", is required to "provide a fact sheet [prepared by the Department of Health] and timely notice of any public meetings required to be held to discuss such results to all tenants and occupants and upon request such test results and any closure letter, within fifteen days of receipt of such results". Section 27-2405 is effective December 3, 2008.
"Test results" include "the results of any tests conducted on indoor air, subslab air, ambient air, subslab groundwater samples, and subslab soil samples". An "issuer" includes (i) a person subject to an order issued pursuant to (i) ECL Title 13 ("Inactive Hazardous Waste Disposal Sites"), Navigation Law Article 12 ("Oil Spill Prevention Control and Compensation"), or Title 12-A of Article 13 of the Public Health Law ("Inactive Hazardous Waste Disposal Sites"), (ii) a "participant", as defined in subdivision 1 of ECL Section 27-1405, subject to an agreement entered into pursuant to ECL Title 14 ("Brownfield Cleanup Program"), (iii) a municipality subject to a contract entered into pursuant to Title 5 of ECL Article 56 ("Environmental Restoration Program"), or (iv) New York State's Department of Environmental Conservation.
Section 27-2405 also requires the owner, or its agent, of a property subject to controls for the mitigation of indoor air contamination or as to which there is monitoring pursuant to an ongoing remedial program, to provide a fact sheet prepared by the Department of Health and, on request, any test results and closure letter, as to indoor air contamination at the property it has received to any prospective tenant before a lease or rental agreement is executed. The rental or lease agreement is to contain the following text on its first page, in at least twelve point bold face type:
"NOTIFICATION OF TEST RESULTS. The property has been tested for contamination of indoor air; test results and additional information are available upon request".