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In New York City, mold regulations are primarily governed by local laws designed to protect residents’ health and safety. Here are some key points about NYC’s mold laws
NYC Local Law 55 of 2018 (The Asthma-Free Housing Act)
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This law requires landlords to conduct yearly inspections for indoor allergens, including mold, in apartments and common areas of residential buildings.
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Landlords are also required to respond to tenant complaints about mold and must remediate any mold conditions in a timely manner.
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Remediation must be done in accordance with the NYC Department of Health and Mental Hygiene's (DOHMH) guidelines, ensuring safe practices that prevent further spread of mold.
NYC Administrative Code Section 27-2017.1
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This section specifies that mold growth of 10 square feet or more in a residential unit is considered a hazardous condition.
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Landlords are required to remediate such conditions within 30 days and must provide tenants with a certification of the remediation.
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Failure to comply can result in fines and penalties.
HPD Mold Notice Requirements
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The NYC Housing Preservation & Development (HPD) mandates that landlords provide tenants with a notice before and after mold remediation, explaining the process and the steps taken to resolve the issue.
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The law also requires that mold remediation be done in a manner that minimizes exposure to the tenants.
Tenant Rights
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Tenants have the right to a safe and habitable living environment. If landlords fail to address mold issues, tenants can file complaints with 311 or take legal action.
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Tenants can also withhold rent or pursue repair-and-deduct remedies if the landlord neglects mold remediation, but they should seek legal advice before doing so.
NYC Health Code
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The NYC Health Code outlines specific guidelines for mold remediation, emphasizing the importance of identifying and fixing the source of moisture that causes mold.
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Remediation should be done by professionals using appropriate protective gear and containment strategies to prevent mold spores from spreading.
These laws are designed to protect tenants from the health risks associated with mold exposure, such as asthma, allergies, and respiratory issues. Landlords are encouraged to be proactive in preventing mold and to act swiftly when it is discovered.
In New York City, lead-based paint and lead hazards are regulated under several local laws, primarily to protect children from lead poisoning. Here are the key points regarding NYC’s lead laws
Local Law 1 of 2004 (The Childhood Lead Poisoning Prevention Act)
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This law mandates that landlords in buildings constructed before 1960, or between 1960 and 1978 if lead-based paint is known to exist, must identify and remediate lead-based paint hazards.
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The law requires landlords to inspect units annually if a child under the age of six resides there.
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If lead hazards are found, landlords must remove or stabilize the lead paint using safe work practices that prevent lead dust from spreading.
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Landlords must provide tenants with a notice and written records of any inspection and remediation work.
Tenant Rights and Landlord Obligations
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Tenants have the right to a lead-safe environment. Landlords are required to provide tenants with an annual notice about lead paint and to distribute the EPA pamphlet “Protect Your Family from Lead in Your Home.”
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If a landlord fails to address lead hazards, tenants can report the issue to 311 or file a complaint with the NYC Housing Court.
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Landlords who do not comply with lead paint laws can face significant fines and penalties.
Lead Safe Housing Rule
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Under federal law, which complements local laws, landlords must disclose any known lead-based paint and hazards before a lease is signed for properties built before 1978.
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The Lead Safe Housing Rule also requires lead hazard evaluation and control in federally assisted housing.
Penalties for Non-Compliance
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Violations of lead paint laws can result in civil penalties, criminal charges, and liability for lead poisoning cases.
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The NYC Housing Preservation & Development (HPD) enforces these laws and can issue violations for failure to comply, which can lead to court actions and significant fines.
Local Law 31 of 2020 is a law in New York City that mandates the inspection of certain residential buildings for lead-based paint. This law builds upon previous legislation aimed at preventing lead poisoning, particularly in children. Here’s a summary of the key aspects of Local Law 31:
Mandated Lead Inspections
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Who Is Affected: The law applies to residential buildings built before 1960, as well as buildings constructed between 1960 and 1978 if lead-based paint is known to exist.
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Inspection Requirement: Landlords of these buildings are required to have lead-based paint inspections conducted by a certified lead-based paint inspector or risk assessor.
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Frequency: The law requires that these inspections be conducted at least once within five years of the law’s effective date, with an initial deadline by August 9, 2025.
Certification and Reporting
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Certified Inspectors: Inspections must be carried out by individuals certified under the U.S. Environmental Protection Agency (EPA) or an equivalent program recognized by the city.
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Documentation: After the inspection, landlords are required to keep documentation of the results. If lead is found, they must follow the appropriate procedures for remediation and provide tenants with a copy of the results.
Remediation Requirements
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Lead-Based Paint Hazards: If lead-based paint or lead hazards are identified, landlords must remediate these hazards using certified contractors who follow specific safety practices.
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Notification: Landlords are also required to notify tenants about the presence of lead paint and the steps that will be taken to remediate it.
Penalties for Non-Compliance
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Landlords who fail to comply with the inspection and remediation requirements can face significant fines and penalties. The NYC Department of Housing Preservation and Development (HPD) enforces these regulations.
Tenant Rights
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Tenants have the right to a lead-safe living environment and can report non-compliance to the city. They can also request to see the results of any lead-based paint inspections conducted in their apartment.
