Mold in your NYC apartment: landlord duties under Local Law 55

In New York City your landlord is responsible for mold. Local Law 55 of 2018 requires owners of buildings with three or more apartments to keep tenants' homes free of mold and pests, and to safely fix the leaks and moisture that cause them; if the landlord doesn't act, report it to 311 and HPD can inspect and issue a violation.

The city's Health Department adds that the duty also applies to buildings of any size where a tenant has been diagnosed with moderate or severe persistent asthma. Here is what the law requires, how big a mold patch has to be before it's a serious violation, and what to do step by step.

What your landlord has to do

According to HPD, owners of residential buildings with three or more units must:

• Inspect every year. Check apartments annually for indoor allergen hazards such as mold, mice, roaches and rats, and respond to complaints from tenants or HPD.
• Clean between tenants. Make sure a vacant apartment is thoroughly cleaned and free of mold and pests before the next tenant moves in.
• Give you notice with your lease. Provide the city's fact sheet "What Tenants and Landlords Should Know About Indoor Allergens and Local Law 55" and a notice stating the owner's responsibilities.
• Fix the cause safely. Correct underlying defects like leaks and moisture, and remove mold using safe work practices. HPD points to Administrative Code § 24-154 and New York State Labor Law Article 32 for mold work.

When licensed mold contractors are required

In buildings with 10 or more units, if there is more than 10 square feet of mold, the owner must hire a New York State Department of Labor-licensed mold assessor and a separate licensed remediator. HPD says the two must be completely independent of each other, and state law bars the same licensed worker from doing both on a property. The Health Department adds that the rule also applies in buildings with 25,000 or more square feet of non-residential floor area. The contractors must file paperwork online with the NYC Department of Environmental Protection.

For smaller jobs, or buildings with fewer than 10 units, the owner can use their own staff, but HPD still requires safe work practices:

1. 1

   Stop the water

   Remove standing water and fix the leak or moisture problem.
2. 2

   Isolate the area

   Seal off the work area with plastic sheeting and cover the path in and out.
3. 3

   Limit dust

   Seal openings such as doorways and vents, and gently mist the moldy area with soap and water before cleaning.
4. 4

   Clean, then dry

   Clean mold with soap or detergent and water, then dry the area completely. Remove and discard materials that can’t be cleaned.
5. 5

   Bag the waste

   Throw away cleaning waste in heavy-duty plastic bags.
6. 6

   Leave it clean and dry

   Wet-mop or HEPA-vacuum visible dust. The area should be dry and visibly free of mold, dust and debris.

How HPD classifies mold violations

When an HPD inspector finds mold, the violation class depends on how much there is. During every apartment inspection HPD inspectors must also ask whether there is mold, mice, roaches or rats.

Violations get upgraded if they aren't fixed. A Class A becomes a Class B, and a Class B becomes a Class C, if the owner doesn't certify the correction in time and HPD re-inspects within 70 days and finds the mold still there, or if the owner falsely certifies it was fixed. In 10+ unit buildings, where licensed contractors were required, the owner certifies a mold violation with the assessor's and remediator's affidavits, copies of their state licenses and the DEP job filing receipts. See HPD violation classes explained for the full picture.

To size a patch, measure its length and width and multiply. A 3 ft by 4 ft area on a bathroom ceiling is 12 sq ft (Class B range). Our square footage calculator helps with odd shapes.

What to do if you have mold

1. 1

   Photograph and measure it

   Take dated photos with something for scale. Note where water is coming from: a ceiling stain, a window, a pipe, a neighbor above.
2. 2

   Tell the landlord in writing

   Email or letter, with photos. Ask for the leak to be fixed, not just the surface cleaned. Keep a copy.
3. 3

   Report to 311 if it isn’t fixed

   HPD says to file a complaint if the landlord doesn’t fix the hazard, or if repair work isn’t being done safely (for example, dust isn’t contained).
4. 4

   Be home for the inspection

   Show the inspector every area, including inside closets and under sinks. Check the result on HPD Online or your building’s Roofy page.
5. 5

   Escalate if needed

   If violations pass their deadline, an HP action in Housing Court can get a court order. Class C mold can also be handled by HPD’s Emergency Repair Program.

Health: asthma and free home inspections

The Health Department says mold exposure can cause or worsen asthma and allergies, with symptoms like congestion, runny nose, coughing and trouble breathing. People getting certain medical treatments, such as chemotherapy or transplants, and workers exposed to large amounts of mold face higher risk. If you think you have symptoms, see a health care provider.

Your part: keeping things dry

The law puts repairs on the owner, but tenants are expected to report leaks promptly and help prevent moisture. The Health Department suggests running an exhaust fan that vents outside while cooking or showering, drying wet areas, using a dehumidifier or air conditioner to lower humidity, and opening windows only when outdoor air pollution is low. Small surface mold on hard surfaces can be cleaned with soap and water while wearing waterproof gloves. If it returns or spreads, report it.

One limit: New York's warranty of habitability doesn't cover conditions caused by you, your household or guests, so report leaks early and keep a record showing when you told the landlord.

Rent and repairs

Mold from a leak the landlord won't fix can be a breach of the warranty of habitability. Don't stop paying rent without reading Can I withhold rent for repairs? first. If your apartment is rent stabilized, a decreased-services complaint to NYS Homes and Community Renewal can lower your legal rent until services are restored.

Check a building before you rent

Mold violations are public. Search the address on Roofy and look for repeated mold or leak violations, especially open Class B or C ones. Our mold complaints and violations report shows how common these are across the city.

This is general information, not legal or medical advice.