New Law Requires Landlords to Disclose Environmental Test Results

As of December 2008, New York requires Landlords to disclose, to existing or prospective tenants, environmental test results that exceed federal OSHA or New York State Department of Helath indoor air guideline standards. New York is the first state to require notification to tenants. The burden is on the property owner to notify tenants, both of residential and commercial properties. The notice requirement is only required when test results have been provided to the property owner by an "issuer", which includes the New York State Department of Environmental Conservation, a municipality that has contracted to undertake an environmental restoration project, a participant under the New York Brownfield Cleanup Program and persons subject to an order under NY's hazardous waste and oil spill cleanup laws. The new law will be codified as Section 27-2405 of the New York Environmental Conservation Law.