The New York State Assembly has passed A.1529A referred to as the “Lead-Based Paint Right to Know Act,” by a 99-43 vote. This legislation addresses the issue of lead paint hazards in residential real estate transactions. The bill focuses on improving transparency and safety in the sale of older homes, particularly those built before 1978, when lead-based paint was commonly used. Its primary goal is to protect homebuyers and families with children from the hidden dangers of lead exposure and lead poisoning.
What the Bill Requires
One of the central provisions of A.1529A is the requirement that qualifying residential properties be tested for lead-based paint before they are sold. The bill’s intent is to curb lead poisoning incidents by ensuring that buyers are fully informed before completing a home purchase. Unlike current federal law, which only requires sellers to disclose known lead hazards, this bill mandates proactive testing. This helps ensure that buyers are not relying solely on the seller’s prior knowledge but instead receive verified information about the presence of lead in the homes they are about to purchase.
In addition to testing, the bill requires sellers to provide full disclosure of the results to prospective buyers. This includes delivering reports based on testing rather than general warnings or informational pamphlets. The law applies broadly to most residential transactions, including houses, apartments and cooperative units, thereby covering a wide range of housing across New York. A.1529A also establishes legal responsibilities for both property sellers and real estate agents. Failure to comply with the testing and disclosure requirements can result in liability, particularly if a buyer later suffers harm due to undisclosed lead hazards.
Why This Legislation Matters
This legislation is critical to public health because it directly targets exposure to lead, a toxic substance that poses serious health risks, especially to young children. Lead-based paint can deteriorate into dust or chips that are easily inhaled or ingested. Without mandatory testing and disclosure, families may unknowingly move into environments where lead hazards are present.
Young children are particularly vulnerable because their bodies are still developing. Even low levels of lead exposure can cause lasting harm, including developmental delays, learning disabilities, reduced IQ and behavioral problems. In severe cases, lead poisoning can result in seizures or other life-threatening complications. Because these effects are often irreversible, prevention is essential.
By requiring testing and full disclosure before a home is sold, the legislation helps ensure that parents are informed about potential risks and can take steps to protect their children. This may include avoiding a purchase, negotiating repairs or getting repairs done. It is important to note that this law shifts the burden from discovery after harm occurs to prevention before exposure happens.
New York Lead Poisoning Lawyer
Whether you have been living as a tenant at a private apartment complex or in a public housing unit (the Projects) or if your child has been exposed to lead through contaminated water in school, please remember that you have legal rights. If your child has been diagnosed with high blood lead levels, regardless of whether you live in public or private housing, you may be able to file a personal injury lawsuit against the New York City Housing Authority (NYCHA) (the Projects) or private building owners and building managers for damages. Those who have been affected can seek compensation for damages including medical expenses, cost of diagnostic tests, permanent injuries, lost income and benefits, disabilities, past and future pain and suffering, etc.
If your child has been affected by lead poisoning, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. It is in the best interest of injured victims and their families in such cases to contact an experienced personal injury lawyer before contacting the people responsible for the injuries, and definitely before contacting or communicating with any insurance company, or their lawyers, investigators, or adjusters.
Our firm recovered $1,162,500 for a child who suffered lead poisoning from paint in her apartment. The child’s injuries were subtle and difficult to recognize. We fought hard and recovered $162,500 above the $1 million dollar total insurance policy in this case, despite the judge’s efforts to settle the case for $950,000. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
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Source: https://www.post-journal.com/news/top-stories/2026/03/assembly-passes-lead-disclosure-in-home-sales/