Navigating New York’s Mold Laws
Did you know that as a New York homeowner, you could face serious legal and financial consequences if you don’t properly address mold in your home? Mold isn’t just an eyesore—it’s a serious issue that can affect your health, your property’s value, and your legal responsibilities. Here’s a breakdown of New York’s mold laws and what they mean for you.
Key Mold Laws in New York
In 2016, New York enacted the Mold Program Law (Article 32 of the New York State Labor Law) to protect property owners, tenants, and workers from the dangers of mold exposure. Here are the key components you need to know:
Licensing Requirements:
What It Means: Anyone performing mold assessment, remediation, or abatement services in New York must be licensed by the New York Department of Labor.
For Homeowners: Always hire licensed professionals. Using an unlicensed contractor can lead to fines, legal liabilities, and substandard work.
Separation of Assessment and Remediation:
What It Means: The law requires that the company performing the mold assessment cannot be the same company that performs the remediation.
For Homeowners: This separation ensures unbiased assessments and protects you from conflicts of interest. Hire separate licensed professionals for each step.
Worker Protection Standards:
What It Means: Strict safety standards protect workers involved in mold assessment and remediation, including the use of personal protective equipment (PPE).
For Homeowners: Ensure contractors follow these safety standards to prevent mold from spreading during remediation and to comply with legal requirements.
Tenant Rights and Landlord Responsibilities:
What It Means: Landlords must maintain safe living conditions, including addressing mold issues. Neglecting mold problems can lead to legal action and financial penalties.
For Homeowners (Landlords): Promptly address mold issues in rental properties to avoid lawsuits, fines, and potential medical claims from tenants.
Insurance and Disclosure Requirements:
What It Means: Mold coverage isn’t mandatory in New York homeowner’s insurance policies, but you should check your policy. Sellers must disclose known mold issues to potential buyers.
For Homeowners: Be transparent about mold issues when selling your property, and review your insurance policy to understand your coverage for mold damage.
The Importance of Compliance
Complying with New York’s mold laws is crucial for protecting your home, health, and financial well-being. Here’s why:
Avoid Legal Liabilities: Non-compliance can result in fines, penalties, and lawsuits.
Protect Health: Addressing mold issues promptly prevents serious health risks for you, your family, and your tenants.
Maintain Property Value: Resolving mold problems ensures your property retains its value and appeal in the market.
What You Should Do as a Homeowner
To protect your home and stay compliant with New York’s mold laws, follow these steps:
Hire Licensed Professionals: Verify that any mold assessors or remediators are licensed and certified by the New York Department of Labor.
Separate Assessment and Remediation: Hire different companies for assessment and remediation to ensure an unbiased process.
Maintain Your Property: Regularly inspect your property for mold, especially in moisture-prone areas, and address any issues immediately.
Communicate with Tenants: If you’re a landlord, address tenant complaints about mold promptly to avoid legal issues.
Review Insurance Coverage: Understand your homeowner’s insurance coverage for mold and consider adding coverage if necessary.
Conclusion: Stay Informed and Protected
Understanding New York’s mold laws is essential for every homeowner. By staying informed and compliant, you can protect your health, your property, and your financial future.
