nyc local law 55

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It's  the Owners' responsibility to notify occupants and to investigate.

a. The owner of a multiple dwelling shall cause an investigation to be made for MOLD and indoor allergen hazards in all occupied dwelling units and in COMMON AREAS as set forth on subdivision  b of this section. 

b.  Investigations shall be undertaken at least once a year  and more often if necessary, such as when, in the exercise of reasonable care, an owner knows or should have known of a condition that is reasonably foreseeable to cause an indoor allergen hazard, or an occupant makes a complaint.

 c.  All leases offered to tenants or prospective tenants in such multiple dwellings shall contain a notice, conspicuously set forth therein, which advises tenants of the obligations of the owner and tenant.

d. Common area. The term “common area” means a portion of a multiple dwelling that is not within a dwelling unit and that is regularly used by occupants for access to and egress from any dwelling unit within such multiple dwelling, as well as commonly used areas such as a laundry room. 

What Owners Must Do to Keep Properties Free of Mold

a.  New York City law requires that owners of buildings with three or more apartments — or buildings of any size where a tenant has asthma — take steps to keep their tenants’ homes free of MOLD and indoor allergen hazards. 

b.  Inspect every apartment and the building’s common areas for MOLD and indoor allergen hazards and the conditions that lead to these hazards, at least once a year and more often if necessary. Landlords must also respond to tenant complaints or requests for an inspection.

c.  Remove indoor mold and safely fix the problems that cause mold.  Remove any standing water, and fix leaks or moisture conditions.

d.  Owners must use a New York State Department of Labor–licensed mold assessor and remediator. These licensed workers must comply with New York City Administrative Code section 24-154 and New York State Labor Law Article 32.

c.  Make sure vacant apartments are thoroughly cleaned and free of MOLD and indoor allergen hazards  before  a new tenant moves in.

d. Provide a fact sheet and a notice of inspection with each tenant’s lease that clearly states the landlord’s and tenant’s responsibilities to keep the building free of MOLD and indoor allergens.

Mold is expected by many legal experts to be the next “movement” of toxic tort litigation and liability. Within the past few years, mold has gained nationwide media attention, affecting a wide scheme of various specialized industries, involving homeowners, landlords, tenants, luxury property owners, management companies and property managers, developers, realtors, contractors and employers in multimillion dollar lawsuits.

That being said, Toxic mold litigation appears to be on the rise, along with insurance claims for mold damages as well. As both continue to grow, individuals facing possible mold issues are urged to respond accordingly by consulting with a certified mold inspection and remediation company.  JennAir  Mold Inspectors will perform a full investigative property inspection, documenting any and all water and/or mold damages incurred throughout the premises.