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Mold Compliance: Key Local and State Laws

Owner Duties, Contractor Standards, Inspections, and Violations

Recent Laws for Pests and Mold

  1. NYC Local Law 55 of 2018: The Asthma-Free Housing Act
    1. Purpose:
      1. To remove indoor environmental triggers in the home
    2. Buildings affected:
      1. Only covers Multiple Dwellings or any type of housing where a tenant with asthma lives
    3. Areas of Concern:
      1. Identifies Mold/Mice/Rats/Roaches as ‘Indoor Allergens’.
    4. Required
      1. HPD Inspectors must ask tenants about Mold/Mice/Rats/Roaches at every unit inspected.
    5. Work methods:
      1. Inspect whenever you receive indications that an Indoor Allergen Hazard may exist, such as:
        • Occupant request for maintenance.
        • Occupant complaint to a City agency.
        • Receiving an HPD violation for a condition
      • Upon apartment turnover.
      • Anytime your inspection identifies an Indoor Allergen Hazard.
    • Penalties for violations:
      • If the mold is not remediated properly, penalties are classified based on the severity
        • Non-hazardous
        • Hazardous
        • Immediately hazardous
  2. New York State Labor Law Article 32: Mold Remediation
    1. Purpose:
      1. Removal of mold from buildings
      2. Applies to any mold remediation being conducted by a third party
    2. Contractor Standards:
      1. Requires Mold Assessors and Remediators to be properly trained, licensed, and adhere to minimum work standards.
    3. Requirements:
      1. Separate Mold Assessment, Remediation, and Post-Remediation Assessment for each job
      2. The Assessor and Remediator must be independent of each other
    4. Exception:
      1. Owners or their agents who perform the work themselves do not have to follow
    5. Penalties for Violation;
      1. Third-Party Contractors:
        1. Penalties or loss of certification
      2. Failure to Follow Standards:
        1. Civil penalties based on requirement or re-do the work at their own expense
  3. NYC Local Law 61 of 2018: Mold Remediation
    1. Purpose:
      1. Remediation of mold, particularly in larger buildings
    2. Buildings affected:
      1. For buildings with 10 or more residential units:
        1. Requires owners or their agents to hire outside Mold Assessor and Remediator contractors for all mold projects greater than 10 square feet
        2. Requires Mold Assessors and Remediator contractors to file reports with NYC Dept. of Environmental Protection for each project.
    3. Penalty for Violations
      • Penalties for Non-Compliance:
        • $1,000 for the first violation.
        • $5,000 for a second violation.
        • $10,000 for the third or later violations.
      • Building Owner Penalties: Fines are also based on the size of the building:
        • $1,000 for the first violation.
        • $5,000 for the second.
        • $10,000 for the third or later violations.
  4. NYC Local Law 69 of 2017
    1. Purpose:
      1. Requires owners to report any bedbug infestation history to HPD.
    2. Requirements:
      1. Only required for Multiple Dwellings
    3. Annual Filing Period:
      1. December 1 – 31st (for the previous November 1st – October 31st)
    4. Penalties
      1. Fines vary based on requirement

 

The New laws Affect Rules for Pests and Mold in Four Main Ways

  1. Owners must notify tenants of their rights and regularly inquire about specific conditions
    1. (e.g., lead paint, window guards, stove knob covers, pests, mold).
  2. Stricter required work methods
    1. Do not create another hazard while removing the original one
    2. Address the problem at its source
  3. New contractor controls
    1. Ensure that contractors are qualified and behave with integrity.
  4. Violation clearance
    1. Depend upon the type and class of violation and the number of units in a dwelling.

 

Local Law 55 Article 4: Control of Pests and Other Asthma Allergen Triggers

Owners' Responsibility to Remediate

  • An owner of a dwelling shall keep the premises free from pests and other indoor allergen hazards and from any condition conducive to indoor allergen hazards
  • The owner shall prevent the reasonably foreseeable occurrence of such a conditions and shall expeditiously remediate such conditions and any underlying defect

 

Owners' Responsibility to Notify Occupants and to Investigate

  • A) The owner of a building must investigate indoor allergen hazards in all occupied units and common areas
  • B) Investigations must be done at least once a year, or more often if needed.
    • An owner should be aware of conditions that may cause an indoor allergen hazard.
    • If an occupant complains about a potential allergen hazard or asks for an inspection, it should be addressed.
    • If the department issues a violation notice or requires correction of a hazard, it must be dealt with.
  • C) All leases must include a notice informing tenants of the owner’s and tenant’s responsibilities

 

Violation for Visible Mold

  • Presence of visible mold is considered an indoor mold hazard violation, unless the mold is on tile or grout
    • Visible mold covering less than 10 square feet in a room is a non-hazardous violation.
    • Visible mold covering 10 to 30 square feet in a room is a hazardous violation.
    • A mold condition will be considered hazardous if:
      • There is an unresolved non-hazardous violation from before, or
      • The owner falsely claimed a non-hazardous violation was fixed.
    • Visible mold covering 30 square feet or more in a room is an immediately hazardous violation.
    • Visible mold will also be immediately hazardous if it meets conditions in points (a) or (b).
  • Violation if:
    • A mold violation is hazardous if:
      • There’s an unresolved hazardous violation, and a reinspection shows the mold is still present, or
      • The owner falsely claimed a hazardous violation was fixed, and the mold is still there.
    • Hazardous if:
      • Mold covering 30+ square feet in a room, hallway, or 50+ square feet overall
      • Mold under 30 square feet in a room or 50 square feet overall is a non-hazardous violation.

 

Violation for Pests

  • Violation will be deemed hazardous under section 27-2115 if:
    • The department finds a premises infested by pests (excluding cockroaches, mice, or rats), it may order eradication measures
  • Immediately hazardous violation:
    • The presence of cockroaches, mice, or rats in any room or common area in a multiple dwelling

 

Removal of Asthma Triggers in a Dwelling Unit Upon Turnover

  • Owner must remediate visible mold and pest infestations in a vacant dwelling unit before reoccupancy.
  • Owner must fix any underlying defects in the unit.
  • Thoroughly clean and vacuum all carpets and furniture provided to incoming tenants.

 

Department Inspections

  • Inspections must occur within 30 days of receiving a complaint

 

Integrated Pest Management Practices

  • Owners must use integrated pest management to eliminate pests and address contributing conditions
    • Including sealing entry points, fixing plumbing issues, and using HEPA vacuuming.

 

Work Practices

  • Must include:
    • Moisture control, securing work areas, proper cleaning methods, and disposal of contaminated materials.
  • Owner certifications of correction must include an affidavit confirming proper work practices