Notice of Emergency Adoption and Proposed Rule Making
Notice of Emergency Adoption and Proposed Rule Making
Emergency Rule – Effective May 3, 2026
Procedures for documentation of compliance with regulations governing the Targeted Rental Registry and Proactive Lead Hazard Inspections (19 NYCRR Part 1203)
On May 3, 2026, the Secretary of State (the “Secretary”) adopted a rule that adds specific provisions in relation to procedures for documentation of compliance with New York State Department of Health (DOH) regulations governing Targeted Rental Registry and Proactive Lead Hazard Inspections (commonly referred to as “lead safety certification verification”) to the minimum standards for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”). The rule was adopted as an emergency rule and became effective on May 3, 2026.
The rule applies to twenty-five cities identified by the DOH as communities of concern (Albany, Amsterdam, Auburn, Binghamton, Buffalo, Cheektowaga, Elmira, Gloversville, Jamestown, Kingston, Middletown, Mount Vernon, New Rochelle, Newburgh, Niagara Falls, Poughkeepsie, Rochester, Rome, Schenectady, Spring Valley, Syracuse, Troy, Utica, Watertown, and Yonkers), as well as counties, or State agencies that fall outside the exceptions provided in 10 NYCRR § 67-5.3, that administer and enforce the Uniform Code that have in their custody residential dwellings with two or more units built prior to 1980 which, by virtue of their property class designation, are potentially eligible for rental, lease, let or hiring out, and are located within communities of concern.
Adoption of the rule was done by the filing of a Notice of Emergency Adoption and Proposed Rule Making. This filing adopted the rule on an emergency basis, effective May 3, 2026, and proposed the rule for adoption on a permanent basis. Authorities Having Jurisdiction (AHJs) to administer and enforce the Uniform Code in the twenty-five communities of concern should take all steps necessary to comply with the requirements of 19 NYCRR section 1203.3(2)(ii) on and after October 1, 2026, when conducting fire safety and property maintenance of multiple dwellings that were built before 1980 which, by virtue of their property class designation, are potentially eligible for rental, lease, let or hiring out, by checking the State Rental Registry for a lead safety certification, notifying the DOH of the result of such check and the date of the inspection, and noting such in the records of such AHJ. Such AHJs should also bring their local laws into compliance with the new requirements.
Legal Background
Section 3 of Part T of Chapter 57 of the Laws of 2023, amended Executive Law §381(1) to add a new paragraph (j) to provide that the minimum standards by which the Uniform Code is administered and enforced shall address the following subject:
procedures requiring the documentation of compliance with regulations adopted pursuant to section thirteen hundred seventy-seven of the public health law as a condition to issuance of a certificate of occupancy or certificate of compliance following a periodic fire safety and property maintenance inspection for multiple dwellings.
The amendment to Executive Law §381 was effective May 3, 2026; provided, however, that effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of the amendment to Executive Law §381 on its effective date were authorized to be made and completed on or before such effective date. On April 8, 2026, the DOH adopted regulations pursuant to Public Health Law § 1377, which are titled, “Targeted Rental Registry and Proactive Lead Hazard Inspections” and codified at 10 NYCRR, Subpart 67-5. Such law requires qualifying property owners to submit lead safety certifications to the DOH rental registry by October 1, 2026.
Amendments to the minimum standards for administration and enforcement of the Uniform Code in the twenty-five communities of concern
The rule adopted by the Secretary adds new provisions to the minimum standards for administration and enforcement of the Uniform Code, effective May 3, 2026, that beginning on October 1, 2026, require in DOH-designated communities of concern, verification of lead safety certifications as part of fire safety and property maintenance inspections of multiple dwellings that were built before 1980 which, by virtue of their property class designation, are potentially eligible for rental, lease, let or hiring out.
A copy of the Rule Text is available here.
As discussed above, the rule was adopted as an emergency rule, effective May 3, 2026, and proposed as a permanent rule by the filing of a Notice of Emergency Adoption and Proposed Rule Making, but the requirements aren’t triggered until October 1, 2026, the date by which such lead safety certifications must be submitted by qualifying property owners to the DOH registry. The Notice of Emergency Adoption and Proposed Rule Making will appear in the May 20, 2026, edition of the New York State Register. On and after May 20, 2026, the May 20, 2026 edition of the State Register can be viewed athttps://dos.ny.gov/state-register. The Notice of Emergency Adoption and Proposed Rule Making include the Text of the Rule, Regulatory Impact Statement, Regulatory Flexibility Analysis for Small Business and Local Governments, Rural Area Flexibility Analysis, Statement regarding Job Impact Statement, Statement of Findings Regarding Necessity for Emergency, and Certification of Rule Text.
Invitation to Participate in Rule Making Process
The Department of State invites all interested parties, particularly those representing small businesses, local governments, and public or private interests in the ten communities of concern that constitute rural areas (the cities of Amsterdam, Auburn, Binghamton, Elmira, Gloversville, Jamestown, Kingston, Schenectady, Troy, and Watertown), to participate in the rule making process. Interested parties are invited to submit comments on the proposed rule.
If you have suggestions on how the proposed rule could be improved, suggested alternatives that the Department of State could consider, or any other comments on the proposed rule, please contact Chad Sievers by mail at New York State Department of State Division of Building Standards and Codes, 99 Washington Ave., Albany, NY 12231-0001; by telephone at (518) 474-4073; or by email at [email protected].
Anticipated Rule Making Schedule Based on Filing on May 1, 2026:
Published in the New York State Register: May 20, 2026
Public Comment Period Ends: July 27, 2026
Public Hearing to be held: July 22, 2026 at 10 a.m.
at the following location:
Department of State
99 Washington Avenue
Conf. Rm. #505
Albany, New York 12231
Dated: May 1, 2026