Beware of Mold New York State Mold Law Takes Effect

If you own, manage or maintain any New York State private or public property that has had a moisture intrusion event, mold growth, resident/occupant complaint, or a due diligence request you need to know if this law applies to you.  On January 1, 2016, New York State’s mold law went into effect.  

According to the law, "mold" means any indoor multi-cellular fungi growth capable of creating toxins that can cause pulmonary, respiratory, neurological or other major illnesses after minimal exposure.  Consequently, a lot of events may fall into the “mold” assessment and remediation regulated definition, so it’s best to be prepared. 

Training is Essential

The new Mold Program, under the direction of the New York State Department of Labor, which is responsible for enforcing Article 32 of the New York State Labor Law, establishes licensing requirements and minimum work standards for professionals engaged in mold assessment and remediation. There are three main components to the new law:

Training: The Mold Program will protect consumers by requiring contractors to obtain appropriate training prior to being licensed to perform mold assessment, remediation or abatement services.

Licensing: Contractors will not be allowed to advertise or perform covered work without the required license, with limited exceptions such as home or business owners performing work on their own properties.

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4 Comments

  • my coop apt board directors / president had refused to water mitigate and mold remediate after repeated floodings into my apt since sewage has been pouring into my apt from 2003,repeated mold testing showed toxic black molds 4 times.the coop board lawyer employed by them ( levin and glasser law officer-lawyer ginsberg keep saying in court that there is NO molds despite of the fact that the coop board says otherwise-heavy growth . anything else, i can do ? awaiting a court decision.
  • I think your SOP for mold remediation are terrific and projects everywhere should follow suit. Customers will need to pay more for the project but pre and post testing should be completed on every project when it comes to indoor air quality. I wish landlords with rentals would be required to provide a safe and habitable structure. I get so many calls about renters that are living with indoor contamination and the landlord is not doing anything about it and tells the renters to just move out. Also what about these foreclosed homes with major contamination that individuals are purchasing and painting over the mold and re-selling. How do the banks get away with selling a contaminated property in an as in condition. Something needs to be done about these issues.
  • I live in a coop where in our Building #1, water has been coming in for 5 years, but this last storm almost a month ago, was the worst. 4 people in this building are having breathing problems. The BOD saw MOLD yesterday and said they don’t need to have someone come in to test,, because they know it’s there. I thought there was a law on the books that says they need to call in a licensed person to verify their findings? This has been going on with everyone passing the buck forever. They tell me it’s being worked on - I have to be patient. The local Suffolk County Health Dept. tells me there is no one that regulates mold. How can that be? People are getting sick here. Our doctors are telling us to wear a mask if we need to go downstairs. If the mold is in the ceiling, isn’t under my first floor coop? I am more than frustrated with the “system” and hoping someone can help rectify this. They also have told us to use our own insurance for this, because they have a $25,000 deductible. Our goods in the basement are pretty much ruined - with smell, mold and water being the culprits. HELP. HELP. HELP.
  • Please see my last posting here. It is now going on almost a month since that bad rain and still the mold grows and no one is doing anything about it. How can someone NOT be responsible for the over seeing of mold building in a coop? There has to be something we as coop owners can do to alleviate this problem and someone out there has to have an answer. Our BOD and management company keeps saying they are “working on it” and yet NOTHING has changed in the smelly, moldy basement under my residence. There is also water under the elevator in this same building. How is the building department allowing this to take place in the Town of Smithtown?