Should you be thinking about leasing or putting property on the market within New York State, it is advisable to familiarize yourself with certain regulations concerning mold removal. Such laws are in place to protect renters and people in the process of buying houses.

The purpose of these laws is to outline the disclosure and mold presence. Also, the responsibility of the landlord and who had to pay for mold removal.

In this article, I will lead you through the details about your rights and mold laws in New York State.

Article 32 of the New Youk State Labor Law, establishes licensing requirements and minimum work standards for professionals engaged in mold assessment and remediation. The following three components are the main parts of the law:

Training

In order for customers to be protected, The Mold Program requires contractors to obtain appropriate training prior to being licensed to perform mold assessment, remediation, or abatement services.

Licensing

Without the required license, contractors will not be allowed to advertise or perform their work. Exceptions are possible only when contractors perform the work on their own properties, home, or business.

Minimum Work Standards

Minimum work standards for mols assessments and remediation activities for licensed professionals include:

  • Protection against fraud by prohibiting the performance of both the assessment and remediation on the same property by the same individual;
  • Protection against fraud by requiring an independent mold assessment to define the scope of the remediation work;
  • Identification of disinfectant products, consistent with U.S Environmental Protection Agency standards – EPA;
  • Provision of personal protection equipment to employees, as necessary;
  • Posted notice of the project and the contractors’ license;
  • Completion of a post-remediation assessment.

Black mold laws NY

Whatever doesn’t belong in your apartment is bound to trigger anger and frustration. Black mold is not an exception. If you find black mold in your apartment, the best way to address the issue is with your landlord.

Black mold laws NY

Warranty of habitability and black mold

One of the fundamental tenant rights is included in the “warranty of habitability”. Tenants have the right to rent a property that meets basic living and safety standards.

According to this. The landlord is responsible for ensuring the units they oversee provide such an environment. This guarantee is extended to tenants not only at the time they sign the lease but remains in effect through the duration of the tenant’s occupancy.

Landlord Responsibility

In New York State, there is no federal law covering a landlord’s responsibilities when it comes to mold. Additionally, NY State doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.

On the other hand, New York City has taken steps to make it easier for tenants to report landlords for outstanding mold problems.

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