Section 27-2405. Tenant notification of indoor air contamination

1. For purposes of this section:
    a.  "test results" shall include the results of any tests conducted on
  indoor air, subslab air, ambient air, subslab groundwater  samples,  and
  subslab soil samples; and
    b. "issuer" means:
    (i)  a person subject to an order issued pursuant to title thirteen of
  this article, article twelve of the navigation law, or title twelve-A of
  article thirteen of the public health law,
    (ii) a participant as defined in subdivision 1 of section  27-1405  of
  this  article  subject  to  an  agreement entered into pursuant to title
  fourteen of this article, or
    (iii) by a municipality subject to a contract entered into pursuant to
  title five of article fifty-six of this chapter; or
    (iv) by the department.
    2. Any owner of real property or any owner's agent to whom indoor  air
  contamination  test  results  have  been provided by an issuer shall, in
  cases  where  test  results  exceed  department  of  health  indoor  air
  guidelines   or   the  occupational  safety  and  health  administration
  guidelines for indoor air quality,  provide  a  fact  sheet  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.
  Generic fact sheets shall be prepared by the department  of  health  and
  shall  identify  at  a  minimum  the compound or contaminant of concern,
  reportable detection levels established  by  the  department  of  health
  indoor   air   guidelines   or   the   occupational  safety  and  health
  administration guidelines  for  indoor  air  quality  and  health  risks
  associated  with exposure to such compound or contaminant and a means to
  obtain more information on the compound or contaminant.
    3. For real property for which an engineering control is in  place  to
  mitigate indoor air contamination, or if the real property is subject to
  ongoing monitoring pursuant to an ongoing remedial program, the owner or
  owner's  agent  of  real  property to whom indoor air contamination test
  results have been provided by an issuer shall provide, or  cause  to  be
  provided,  fact  sheets,  and  upon request any test results, or closure
  letter received by such owner or owner's agent to any prospective tenant
  prior to the signing of a binding lease  or  rental  agreement.  Generic
  fact  sheets  shall  be  prepared  by the department of health and shall
  identify at a minimum the compound or contaminant of concern, reportable
  detection levels established by the  department  of  health  indoor  air
  guidelines   or   the  occupational  safety  and  health  administration
  guidelines for indoor air  quality  and  health  risks  associated  with
  exposure  to  such  compound  or  contaminant and a means to obtain more
  information on  the  compound  or  contaminant.  Such  notice  shall  be
  included  in  the  rental  or  lease  agreement  and  shall  contain the
  following in at least twelve point type in bold face on the first page:
  "NOTIFICATION  OF  TEST  RESULTS  The  property  has  been  tested   for
  contamination of indoor air: test results and additional information are
  available upon request."