Section 27-2056.4. Owners' Responsibility to Notify Occupants and to Investigate

a. In any dwelling unit  in  a  multiple  dwelling  erected  prior  to  January  first,  nineteen  hundred  sixty  where  a  child of
  applicable age resides, and in any dwelling unit in a multiple  dwelling
  erected  on  or  after  January first, nineteen hundred sixty and before
  January  first,  nineteen  hundred  seventy-eight  where  a   child   of
  applicable  age  resides  and  the  owner  has  actual  knowledge of the
  presence of lead-based paint, and  in  common  areas  of  such  multiple
  dwellings, the owner shall cause an investigation to be made for peeling
  paint,  chewable  surfaces,  deteriorated subsurfaces, friction surfaces
  and impact surfaces. Such investigation shall  be  undertaken  at  least
  once  a  year and more often if necessary, such as when, in the exercise
  of reasonable care, an owner knows or should have known of  a  condition
  that is reasonably foreseeable to cause a lead-based paint hazard, or an
  occupant  makes  a  complaint  concerning  a condition that is likely to
  cause a lead-based paint  hazard  or  requests  an  inspection,  or  the
  department  issues  a  notice of violation or orders the correction of a
  violation that is likely to cause a lead-based paint hazard.  The  owner
  shall  ascertain  whether  a  child  resides  therein  pursuant  to  the
  requirements of this section.
    b. No occupant in a dwelling unit  in  such  multiple  dwelling  shall
  refuse or unreasonably fail to provide accurate and truthful information
  regarding  the residency of a child of applicable age therein, nor shall
  an occupant refuse access to the owner at a  reasonable  time  and  upon
  reasonable prior notice to any part of the dwelling unit for the purpose
  of investigation and repair of lead-based paint hazards.
    c.  All  leases  offered  to  tenants  or  prospective tenants in such
  multiple dwellings  must  contain  a  notice,  conspicuously  set  forth
  therein,  which  advises  tenants  of  the  obligations of the owner and
  tenant as set forth in this section. Such notice must  be  in  a  manner
  approved by the department, the content of which shall, at a minimum, be
  in  English  and  Spanish.  The  owner  of  such multiple dwelling shall
  provide the  occupant  of  such  multiple  dwelling  with  the  pamphlet
  described in subdivision b of section 17-179 of this code.
    d.  (1)  The  owner  of  such  a multiple dwelling shall provide to an
  occupant of a dwelling unit at the  signing  of  a  lease,  including  a
  renewal  lease,  if  any,  or  upon  any  agreement  to lease, or at the
  commencement of occupancy if there is no lease, a notice in English  and
  Spanish,  the  form  and  content  of  which  shall  be  approved by the
  department of health and mental hygiene, inquiring whether  a  child  of
  applicable age resides or will reside therein. If there is a lease, such
  notice shall be included in such lease or be attached as a rider to such
  lease.  Such  notice  shall  be completed by the occupant at the time of
  such signing of a lease, including a renewal  lease,  if  any,  or  such
  agreement to lease, or at such commencement of occupancy.
    (2)  Where  an  occupant  has  responded to the notice provided by the
  owner pursuant to paragraph one of subdivision  d  of  this  section  by
  indicating  that  no child of applicable age resides therein, during the
  period between the date of such response and the delivery of the  notice
  provided  by  the owner pursuant to subdivision e of this section during
  the  immediately  following   year   the   occupant   shall   have   the
  responsibility  to  inform the owner of any child of applicable age that
  comes to reside therein during such period. In the event  such  occupant
  fails  to  inform the owner of such child as required by this paragraph,
  and the owner does not otherwise have actual knowledge that  such  child
  is  residing  in  the  dwelling  unit,  the  presumption provided for in
  section 27-2056.5 of this article shall  not  apply  in  any  action  to

  recover  damages  for personal injury caused by contact with or exposure
  to lead-based paint or lead-contaminated dust.
    e.  (1)  Each  year,  an owner of a multiple dwelling erected prior to
  January first, nineteen hundred sixty shall,  no  earlier  than  January
  first  and  no  later  than January sixteenth, except as provided for in
  subparagraph iii of paragraph two of this subdivision,  present  to  the
  occupant  of  each  dwelling  unit  in  such  multiple dwelling a notice
  inquiring as to whether a child of applicable age resides therein.  Such
  notice,  the  form  and  content  of  which  shall  be  approved  by the
  department of health and mental hygiene, shall be presented as  provided
  for  in  paragraph  two of this subdivision, and shall be in English and
  Spanish.
    (2) The owner may present the notice required by paragraph one of this
  subdivision by delivering said  notice  by  any  one  of  the  following
  methods:
    (i)  by  first  class  mail, addressed to the occupant of the dwelling
  unit;
    (ii) by hand delivery to the occupant of the dwelling unit;
    (iii) by enclosure with the January rent bill, if such  rent  bill  is
  delivered  after December fifteenth but no later than January sixteenth;
  or
    (iv) by delivering said notice in conjunction with the  annual  notice
  required  pursuant  to  section 17-123 of this code and the rules of the
  department of health and mental hygiene pertaining to  the  installation
  of window guards.
    (3)  (i)  Upon  receipt  of  such  notice  the occupant shall have the
  responsibility to deliver by February fifteenth of that year, a  written
  response  to  the  owner indicating whether or not a child of applicable
  age resides therein. If, subsequent to  delivery  of  such  notice,  the
  owner  does not receive such written response by February fifteenth, and
  does not otherwise have actual  knowledge  as  to  whether  a  child  of
  applicable age resides therein, then the owner shall at reasonable times
  and  upon  reasonable  notice  inspect  that occupant's dwelling unit to
  ascertain  the  residency  of  a  child  of  applicable  age  and,  when
  necessary, conduct an investigation in order to make that determination.
  Where,  between  February  sixteenth  and  March first of that year, the
  owner has made reasonable attempts to gain access to a dwelling unit  to
  determine if a child of applicable age resides in that dwelling unit and
  was  unable  to  gain  access,  the owner shall notify the department of
  health and mental hygiene of that circumstance.
    (ii) Where an occupant has responded to the  notice  provided  by  the
  owner  pursuant to subparagraph (i) of this paragraph by indicating that
  no child of applicable age resides therein, during  the  period  between
  the date of such response and the delivery of the notice provided by the
  owner pursuant to this subdivision during the immediately following year
  the  occupant  shall  have the responsibility to inform the owner of any
  child of applicable age that comes to reside therein during such period.
  In the event such occupant fails to inform the owner of  such  child  as
  required by this paragraph, and the owner does not otherwise have actual
  knowledge  that  such  child  is  residing  in  the  dwelling  unit, the
  presumption provided for in section 27-2056.5 of this article shall  not
  apply  in  any  action  to recover damages for personal injury caused by
  contact with or exposure to lead-based paint or lead contaminated dust.
    (4) For calendar year two thousand four, an owner shall be  deemed  to
  have  satisfied  the  provisions of paragraphs one through three of this
  subdivision if such owner delivers or  has  already  delivered  to  each
  dwelling  unit  where  a  child  under six years of age resides a notice
  identical or  substantially  similar  to  that  required  to  have  been

  delivered in calendar year two thousand three, (i) in the same manner as
  was  required  in  calendar year two thousand three, and (ii) during the
  same periods of time in calendar year two thousand four as  such  notice
  was  required  to  have been delivered during calendar year two thousand
  three.
    f. The owner shall inform the occupant in writing of the results of an
  investigation undertaken pursuant to this section and  shall  provide  a
  copy  of  any such report received or generated by an investigation. The
  owner shall retain a copy of each investigation report,  for  ten  years
  from  the date of such report and such report shall be made available to
  the department on request and shall be transferred by the owner  to  the
  owner's successor in title.
    g. Any owner who violates the provisions of this section, or the rules
  promulgated  hereunder, shall be guilty of a misdemeanor punishable by a
  fine of up to five hundred dollars or imprisonment for up to six  months
  or  both.  In  addition, any violation of this section shall subject the
  owner to a civil penalty of not more  than  one  thousand  five  hundred
  dollars per violation.
    h.  The  department  may,  at its discretion, perform sample audits to
  determine compliance with the requirements of this section.