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Assembly approves disclosure of lead‑paint test reports for homes built before 1978
Summary
The Assembly passed a bill requiring certified lead‑paint test reports be provided to buyers and filed with local health departments and county clerks for residential properties built before 1978; sponsors said the law increases transparency and protects children, while opponents raised concerns about costs, timing of closings and county burdens; bill passes 98–44 and takes effect Aug. 1, 2026.
The Assembly passed Assembly bill (lead‑paint disclosure) requiring that, for most residential real‑property transactions involving homes constructed before 1978, certified lead‑paint test reports be produced for potential buyers and filed with the appropriate local health department and county clerk.
Sponsor Assemblymember Rivera said the test typically takes a few hours, can cost in the $300–$500 range and produces location‑specific results (for example, identifying lead paint in a living room or bedroom). He emphasized the bill does not require remediation or encapsulation; it is intended to ensure transparency and allow incoming owners and future purchasers access to objective testing data.
Members raised a range of concerns during extended questioning. Some asked who ultimately bears the cost; Rivera said the inspection cost is deductible from transfer taxes or closing costs (the bill caps the deductible at $500). Other members and outside groups, notably the New York State Association of Realtors (NYSAR), warned that mandated testing could be an unfunded statewide requirement and could complicate closings or depress housing transactions, especially given remediation cost estimates cited by NYSAR (remediation costs can range and the state Department of Health has estimated figures exceeding $10,000 per property in some scenarios). Rivera and supporters argued that many lead issues can be addressed by lower‑cost encapsulation and that the bill simply supplies scientific data to buyers.
Discussion also covered exemptions (e.g., transfers by sheriff or certain nonstandard transfers), where reports must be filed (county clerk and local health department) and workforce availability of certified inspectors. Members emphasized the bill's public‑health aim — particularly protecting children from neurotoxic harms — even as some said implementation details (funding and workforce capacity) remain uncertain.
The clerk read the final section setting the effective date as Aug. 1, 2026. The Assembly recorded 98 ayes and 44 noes; the bill passed.
What happens next: Local health departments and county clerks will receive filed reports under statutory requirements; sponsors and members signaled a need to clarify funding mechanics and county workflows as jurisdictions prepare to receive test reports.
