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New York State To Require Notification To Tenants Regarding Indoor Air Issues

September 30, 2008

By David J. Freeman and Jess Hiney

On September 4, 2008 Governor Paterson signed legislation obligating landlords to disclose to existing and prospective tenants, in certain specific circumstances, test results that indicate exceedances of New York State Department of Health (DOH) or U.S. Occupational Safety and Health Administration (OSHA) guidelines for indoor air quality. The law is set to become effective on December 4, 2008. Failure to comply with the notification provisions subjects landlords to penalties of up to $500 per violation, per day.