NEW LAW REQUIRES NY LANDLORDS
TO NOTIFY TENANTS OF AIR CONTAMINATION RISKS

New York Governor David Paterson has signed into law new environmental reporting legislation that may affect all landlords of New York properties. Beginning December 3, 2008, New York landlords will be required to notify all tenants if air contamination risks are discovered on their property.

The law—vetoed by two prior governors—is brief but far reaching, and both commercial and residential landlords should take note and prepare to implement the new requirements. This is especially the case for landlords of properties with ongoing air-contamination issues. The law will require certain notification actions to be taken for such properties, including inserting specified notice language in all new leases.

The law contains several significant ambiguities which will need to be clarified by the New York Department of Environmental Conservation (the NYDEC) and the New York Department of Health (the DOH) and/or clarified through judicial interpretation and case law. Property owners will be watching closely to see how this new statutory provision will be applied by the NYDEC and the DOH to situations not adequately anticipated under it.

For our readers, we have prepared a brief overview of the new law. Please read it here.

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