The Real Estate Board of New York to The City Council Committee on Health Regarding New York City’s Response to the 2026 Legionnaire’s Disease Cluster

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The Real Estate Board of New York (REBNY) is the City’s leading real estate trade association representing commercial, residential, and institutional property owners, builders, managers, investors, brokers, salespeople, and other organizations and individuals active in New York City real estate. REBNY appreciates this opportunity to testify on the 2026 Legionnaire’s Cluster, the City’s response to this recent outbreak, and the obligations of building owners. Legionnaires' disease is a serious public health concern, and protecting public health and ensuring the safe operation of building systems are priorities shared by property owners, managers, health officials, and policymakers alike.

Legionella bacteria occurs naturally in freshwater environments. As such, the bacteria can grow in a variety of building water systems and devices, including domestic plumbing systems, showerheads, faucets, hot water systems, decorative fountains, and cooling towers. While much of the focus is on cooling towers, the public’s risk of exposure is not limited to cooling towers. Regulatory responses should therefore be tailored to the suspected source and circumstances of an outbreak.

New York City already maintains a comprehensive framework to mitigate the health risks associated with
legionella bacteria. Following the 2015 South Bronx Legionnaire’s outbreak, New York City adopted extensive cooling tower requirements that mandate registration, routine inspection, testing, maintenance, cleaning, certification, and recordkeeping, with oversight shared between the Department of Health and Mental Hygiene (DOHMH) and the Department of Buildings (DOB). Building owners are required to implement water treatment and management programs, conduct regular microbiological testing, maintain detailed operational records, and promptly undertake corrective actions when testing results exceed prescribed thresholds. In addition, both City and State law require periodic certifications regarding compliance with cooling tower management requirements, and City agencies have authority to inspect facilities, issue violations, order remediation, and pursue enforcement actions where necessary.

As of May 8, 2026, New York City additionally requires Legionella sampling at least once every 31 days while a cooling tower is operating. This replaced the previous requirement of every 90 days. No more than 31 days may elapse between samples. Additionally, annual summertime hyper-halogenation—an intensive disinfection process that temporarily raises chlorine, bromine, or another halogen-based biocide to elevated levels to reduce microbial growth, including Legionella—is required between July 1 and August 31, followed by post-treatment testing.

Given the breadth of these existing requirements, the potential sources of legionella bacteria, and the fact that the City's cooling tower regime was materially strengthened only months ago, REBNY encourages the Council to carefully evaluate the effectiveness of the current requirements and the level of compliance with them before imposing additional blanket mandates. New requirements should address demonstrated gaps in the regulatory framework, be supported by public health evidence, and avoid duplicative requirements that may increase costs without delivering corresponding public health benefits. Additional reforms, if any, must be made on the basis of public health research and in consultation with public health professionals.

As of the date this testimony, DOHMH had not publicly identified through genetic or epidemiological analysis which cooling tower or towers caused the 2026 cluster. A positive Legionella test establishes the presence of the bacteria, but does not by itself establish that a particular tower caused human illness. That distinction should inform any legislative response.

For this reason, it is critical that the Council unearth whether the recent cluster was caused by a failure in the existing regulatory scheme, whether it was the product of a failure of particular building owners and/or their consultants to adhere to existing rules and regulations, or both. Understanding the answer to this question, which has so far not been adequately answered by DOHMH, is essential to making sound public policy choices.

REBNY looks forward to working with the Council, DOHMH, DOB, and stakeholders to develop evidence-based efforts to protect public health. Specific bill feedback follows.

BILL: Intro 181-2026

SUBJECT: A Local Law to amend the administrative code of the city of New York, in relation to requiring building owners to provide shower hoses and informational materials on Legionnaires' disease to tenants

SPONSORS: Council Members Amanda C. Farías, Farah N. Louis, Crystal Hudson, Selvena N. Brooks-Powers, Althea V. Stevens, Sandy Nurse, Oswald J. Feliz, Yusef Salaam, Harvey D. Epstein, Inna Vernikov

This bill would require DOHMH to create and post online informational materials on Legionnaires’ disease and to notify owners of residential buildings when one tenant in the building has a confirmed case of Legionnaires’ disease. It would also require building owners to provide shower hoses and DOHMH informational materials to building tenants within 24 hours of receiving notice that a tenant in the building has been diagnosed with Legionnaires’ disease.

Intro 181-2026 raises practical and legal concerns. Legionella bacteria spreads through the air, and people contract Legionnaire’s disease from sources other than the building in which they reside. Requiring owners to notify all tenants and distribute these hoses to all tenants if one resident of the building contracts Legionnaire’s could create confusion, panic or liability risks without a benefit to public health. Furthermore, these hoses may not provide any public health benefit unless the source of the legionella is the building’s piping system.

In addition, requiring owners to procure and distribute shower hoses on short notice during an outbreak may present significant logistical and supply-chain challenges and divert resources from addressing the actual source of contamination. Further, if legionella is present in the piping system in the building, providing hoses can make the existing condition worse. Stagnant warm water in a hose can promote the growth of the bacteria and potentially pose a concern once the valve is opened.

Consequently, Building owners and managers should not be placed in the position of independently issuing public health instructions, including directions to discontinue shower use, unless those measures are recommended by public health authorities. Any obligation relating to a building's plumbing system should be triggered by a DOHMH determination that the system is a confirmed source of exposure.

BILL: Intro 1006

SUBJECT: A Local Law to amend the administrative code of the city of New York, in relation to cleaning requirements for cooling towers

SPONSORS: Council Members Virginia Maloney, Yusef Salaam, Harvey D. Epstein

This bill would require owners of buildings with cooling towers to clean the cooling towers at least three times a year, with at least one of the three cleanings occurring during the months of June and July. Existing city and state requirements already establish testing, maintenance, inspection, and corrective action obligations for owners. Owners are currently required to clean their cooling towers twice per year. Towers that are used seasonally are required to be cleaned before and after the cooling season while towers that operate annually are more likely to be cleaned earlier and later in the year.

The existing, recently enhanced regulatory framework creates a schedule that ensures cleaning occurs on a regular basis. Further, the current framework provides enough flexibility so that owners and contractors can appropriately reflect each cooling tower’s risk profile, operating conditions, expert guidance, and evolving technology. Before mandating an additional summertime cleaning, when vendors are already stressed and tenants require regular building cooling to prevent overheating, it is critical to understand if this additional cleaning would address gaps in the existing regulatory system. There is presently no evidence that a third annual cleaning, particularly one required during June or July, would have prevented the recent outbreak.

For this reason, the Council should carefully assess whether current rules are being followed before imposing additional mandates that could increase vendor costs, labor costs, equipment downtime, water treatment expenses, and further strain the availability of qualified contractors during peak periods. If an additional cleaning is required, REBNY recommends authorizing DOHMH to establish cleaning schedules through expert-informed rulemaking rather than specifying a specific time when that cleaning should occur in the statute.

BILL: Intro 999-2026

SUBJECT: A Local Law to amend the administrative code of the city of New York, in relation to establishing temporary Legionnaires' disease testing sites and a digital map of testing sites

SPONSORS: Council Members Harvey D. Epstein, Virginia Maloney, Lynn C. Schulman, Christopher Marte, Mercedes Narcisse, Carl Wilson, Shanel Thomas-Henry

This bill would require DOHMH to establish temporary testing sites in an area where DOHMH has identified a Legionnaires’ disease cluster, publicize information about testing sites in the cluster area, submit reports to the Council about services offered and individuals served at temporary testing sites, and develop and maintain a digital map of Legionnaires’ disease testing sites in New York City.

REBNY supports improving public access to testing and centralized public information because these measures can support early disease identification and reduce misinformation. DOHMH should retain flexibility regarding the location and operation of testing sites, and any reporting requirements should be structured to avoid diverting resources from emergency response efforts. Clarity around the term “cluster” is also important for managing and reporting on an outbreak.

BILL: Intro 1005

SUBJECT: A Local Law to amend the administrative code of the city of New York, in relation to education and outreach about Legionnaires' disease and disease outbreaks

SPONSORS: Council Members Virginia Maloney, Yusef Salaam, Harvey D. Epstein

This bill would require DOHMH to conduct a public awareness campaign about Legionnaires’ disease risks, symptoms, prevention, and treatment, as well as about Legionnaires’ disease outbreaks in New York City.

REBNY supports public awareness efforts led by government public health experts, as consistent DOHMH messaging can reduce confusion during outbreak situations. Owners should be able to rely on agency-produced educational materials rather than being required to develop independent public health guidance.

Bill: Intro 1017

Subject: A Local Law to amend the administrative code of the city of New York, in relation to requiring analyses of cooling towers associated with Legionnaires' disease clusters

Sponsors: Council Members Shanel Thomas-Henry, Harvey D. Epstein

Summary: This bill would require DOHMH, in consultation with DOB, to conduct an analysis to identify the common characteristics of cooling towers associated with each Legionnaires’ disease cluster and to issue recommendations to prevent cooling towers from causing future Legionnaires’ disease clusters. REBNY supports the objective of Intro 1017 and believes this type of analysis should precede additional prescriptive mandates. For such a study, it is important to be mindful that all cooling towers are engineered differently. What works for one tower may not be appropriate for a neighboring system. The key to minimizing Legionella growth in the towers is proper design and maintaining a strong biological and corrosion control program. It is also critical to test the tower regularly and to make adjustments based on field tests, reinforcing the need to examine what has occurred from a compliance perspective with the existing regulatory framework. Proper mechanical maintenance is also critical in keeping the tower running as efficiently as possible.

BILL: Intro 1016

SUBJECT: A Local Law to amend the administrative code of the city of New York, in relation to establishing a Legionnaires' disease hotline

SPONSORS: Lynn C. Schulman, Harvey D. Epstein

This bill would require DOHMH to establish and maintain a hotline for the public to request information about Legionnaires’ disease and disease outbreaks in New York City, as well as to provide hotline users with referrals to resources and medical services.

REBNY supports centralized information sources and direct communication from public health experts because they can improve public understanding during outbreak situations. Maintaining a hotline may also reduce confusion and lessen unnecessary demands on building staff while ensuring residents receive consistent, authoritative information.

BILL: T2026-2364

SUBJECT: A Local Law to amend the administrative code of the city of New York, in relation to requiring an annual interagency cooling tower compliance review and increasing related enforcement

SPONSORS: Kamillah Hanks

This bill would require DOB to create an annual list of properties for which DOB possesses records indicating the presence of a cooling tower. It would then require either DOB or DOHMH to annually cross-reference this list against existing cooling tower registrations and certifications to identify non-compliant properties. DOB would then have to issue notices of violation. Upon a determination of liability, property owners would have to disinfect the cooling tower within a specified time and, for vacant properties, discontinue use of the cooling tower. Property owners would not be subject to the disinfection and discontinuation requirements if they submit certain documentation or proof to the satisfaction of DOB and DOHMH.

REBNY generally supports annual compliance review and enhanced enforcement with clarifications to ensure that enforcement resources prioritize non-compliant properties and repeat offenders while avoiding duplicative reporting obligations for compliant owners. The legislation should preserve reasonable cure periods for minor administrative errors, clearly delineate DOB and DOHMH roles, rely on existing registration and certification databases where possible, develop risk-based inspection prioritization, and publish compliance trends to improve transparency. The Council should also strive to holistically encompass the various reporting requirements under consideration to avoid duplicative reporting laws.

BILL: T2026-2422

SUBJECT: A Local Law to amend the administrative code of the city of New York, in relation to requiring the commissioner of health and mental hygiene to maintain a public database of locations impacted by legionella

SPONSORS: Shanel Thomas-Henry, Virginia Maloney

This bill would require the Commissioner of Health and Mental Hygiene to create and maintain a publicly accessible database and map indicating certain buildings in which residents have been diagnosed with Legionnaires’ disease, buildings for which cooling tower testing results indicate levels of Legionella bacteria that are hazardous to human health, and relevant years. The database and map would also have to include this information for the previous 10 years.

REBNY supports increased transparency and public access to accurate, centralized information about Legionella-related public health risks, but the database should include clear context, verification standards, and appeal or correction procedures to avoid misidentifying buildings or implying causation where none has been established. Any public map should distinguish between a diagnosed resident, a confirmed building-system source, and cooling tower testing results, and should be designed to prevent misleading conclusions or unnecessary stigma for compliant properties. This bill also has overlapping reporting requirements with two other bills being heard today, and these provisions should holistically be reconciled to reduce administrative burdens on the relevant agencies.

Thank you for the consideration of these points.


CONTACT:
Zach Steinberg
Executive Vice President, External Relations & Advocacy
Real Estate Board of New York
zsteinberg@rebny.com