Section 67-5.9 - Enforcement
Effective Date
67-5.9 Enforcement.
(a) When an owner of a registered dwelling fails to comply with any requirement of this Subpart, including timely compliance with a written notice and demand (or equivalent notice) for discontinuance of a lead-based paint hazard and/or visual lead soil hazard, the procedures for enforcement, including the conduct of formal hearings, shall be conducted in accordance with the Public Health Law and this Title.
(b) In the event that the department discovers evidence that erroneous or fraudulent information has been entered into the registry by any persons or entity, the commissioner shall have the discretion to take administrative action as authorized by Public Health Law and its related regulations.
(c) If the department or its designated representative determines through the annual inspection audit process, or by any other evidence or investigation, that a third-party lead hazard inspection or third-party lead safe certification failed to accurately identify and/or document lead-based paint hazards or visual lead soil hazard, the department in its sole discretion may refuse to allow submission of any lead hazard inspections or any lead safety certifications by that third party into the rental registry in the future.
(d) Procedures for enforcement, including administrative hearings, shall be followed in accordance with sections 1375 and 1377 of the Public Health Law and may involve cooperation and assistance from public officers, departments and agencies of the State and its political subdivisions.