Assembly passes lead disclosure in home sales
A state lawmaker wants to increase the transparency on lead contaminants for homebuyers, particularly those who are buying an older home.
The state Assembly recently passed A.1529A by a 99-43 vote after passing the bill in the final days of the 2025 state legislative session by a 106-40 vote. Assemblyman Andrew Molitor, R-Westfield, voted against the bill both times due to the high risk of present toxins in older homes especially. With the bill having recently made it through the state assembly, it is now up to those in the state senate to decide the ultimate fate of the legislation.
Since recent efforts have pushed a reduction in blood-lead presence, concerns have arisen over the additional burden that this will cause buyers during the home purchasing process. Assemblyman Andrew Molitor, R-Westfield, discussed that there are already many provisions in place to protect home buyers from risks, having noted that much of what the bill proposed seemed redundant.
Not only does Molitor argue that this will burden those that are looking to purchase a new home, but also the clerks that will now be tasked with managing this documentation.
“While protecting our citizens from lead is a laudable goal, there are already robust lead notice requirements in place during the home buyer process. This bill imposes unnecessary requirements for home sellers to have their home tested and the resulting report filed with the clerk before a sale can be recorded,” said Molitor. “With rising home prices and limited housing supply, we don’t need additional burdensome regulations imposed upon the home buying process. This is why I voted against this bill.”
A.1529A is sponsored by Jonathan Rivera, D-Hamburg, with the intention of providing new homeowners with more peace of mind when moving into a new home. The legislation would require the release of lead-test reports for anybody looking to sell a home, which would also go on to be filed with the state Health Department. Rivera said New York has a high number of older homes, especially in rural areas, that makes lead a health risk to many despite decades since initial lead regulations began to be put in place.
“Despite federal policies phasing out lead from paint and gasoline in the 1970s, states have largely been left to develop their own lead poisoning prevention policy. While New York has been a leader in lead policy, the legacy of lead continues to pose a threat to New Yorkers through contaminated house dust, old paint, soil, and water. The main sources of lead exposure vary from one place to another, but in New York the biggest catalysts of lead poisoning are the lead hazards in pre-1978 housing. According to the Centers for Disease Control and Prevention, New York has more children identified with elevated blood lead levels than any other states. Over 100,000 young children in the state may have a blood lead level of 5 micrograms per deciliter (pg/dL) or higher. According to the Council on Environmental Health, lead-based paint hazards are the most significant sources of exposure in children. New York also has the nation’s greatest number of housing units, the highest percentage of pre-1960 and pre-1950 housing, and the oldest housing inventory among the 50 states,” Rivera said in the bill’s justification. “The mandated disclosure of lead-paint test reports provided for in this bill will ensure that tenants and homeowners in New York can choose to move into buildings free of any unknown lead-paint hazards. This bill will also give state health officials the knowledge of which properties do and do not have lead paint hazards. By making this information public, the private market will encourage proactive repair and maintenance to address lead paint hazards.
According to Chautauqua Opportunities Inc. 2026 Community Needs Assessment, the 2023 Census Bureau found that 77.4% of homes in the county were built while lead-based paint was still widely being used. As a result of this abundance of older homes, the children in the county are more than five times more likely to have elevated blood-lead levels, though the assessment noted that recent aggressive remediation efforts have led to a decline in these levels according to reports. Despite the reported drop, the most recent data in the assessment still showed that the (>5 mcg/dl) rate per 1,000 of elevated child blood lead levels was 24.2, compared to the statewide rate of 9.5.
“NYS Department of Health data indicate that between 2017 and 2019, the rate of elevated blood-lead levels in children who were tested in Chautauqua County was 21.3 per 1,000, compared to 3.8 per 1,000 of tested children across New York State,” the COI Assessment stated. “On October 1, 2019, NYS lowered the threshold for what is considered an elevated blood-lead level in children from >10 mcg/dl to >5 mcg/dl. Preliminary data indicated a substantial increase in reported cases at this new threshold in 2019.”




