Clearing a NYC Mold Violation

When mold growth is discovered in an apartment building consisting of three or more dwellings, the building owner or landlord may incur a mold violation from the New York City Department of Housing Preservation & Development (HPD). This is because mold, along with other indoor allergens, can trigger asthma, allergy reactions, and other health issues.

According to Local Law 55 of 2018, building owners and landlords in the New York City five boroughs are required to take the appropriate steps to keep their tenants’ homes free of indoor mold growth. This law also applies to owners of housing units, such as co-ops, condos, shelters and public housing where a tenant has asthma. Property owners must follow specific steps to identify mold growth and remove it safely.

To avoid fines and clear mold violations, building owners should comply with Local Law 55 and follow the steps below.

Correct HPD Mold Violations & Obtain Proper Certification

Understanding Owner Responsibilities

• Annually inspect apartments for indoor allergen hazards such as mold growth. Vacant apartments should be clear of mold and other allergens before a new tenant moves in.
• Make sure your tenants are aware of their responsibilities. Provide all tenants with a copy of the Local Law 55 fact sheet, which explains that tenants should alert building owners when they notice signs of indoor allergens.

Remediate Mold Conditions

• For a building with 10 or more residential units, owners are required to hire a mold assessor and a mold remediator who are licensed by the New York State Department of Labor. These contractors must be independent of one another, so that these services are completely unbiased.
• If more than 10 square feet of mold growth is found, the first step is to hire a licensed mold assessor who can design a protocol for mold remediation. After mold remediation has been completed, the mold assessor should be contracted again to perform a mold clearance inspection.
• In a building with fewer than 10 residential units, the building owner is not required to hire a professional mold assessor or remediator, but is required to follow the safe work practices outlined in the law.

Certifying the Project

• After the completion of professional mold remediation and once clearance has been achieved, the mold assessor and mold remediator will file the required documentation under Local Law 61 of 2018.

RTK is very experienced in helping building owners and landlords resolve HPD mold violations. With fast scheduling, comprehensive reports, highly-trained inspectors, and expedited lab results, we can help to turn a problem into a problem solved. Contact RTK at 800-392-6468.

Review Local Law 55 on the HPD website here: https://www1.nyc.gov/site/hpd/services-and-information/indoor-allergen-hazards-mold-and-pests.page