Where Does Mold Grow
Mold can grow on any surface that is kept wet or damp, such as a drywall, wood, tiles, or rugs.
In New York City, common sources of a mold problem are:
- leaky pipes or radiators
- broken or poorly sealed windows
- a damaged or deteriorated section of brickwork or the buildings facade
- water coming from a neighboring apartment
- poor ventilation, especially in a bathroom
When mold develops on a consistently wet surface, it will grow into a musty, mildewy-smelling orange or black yuck that will likely be recognizable as mold. However, the mold may be coming from an area that is covered or hidden, such as a vent underneath a refrigerator, radiator, or sink or behind a wall that is tiled.
Learn How To Identify Mold
Once you recognize the smell, you should start looking for the places in which mold tends to grow. Mold can be black, white, green, gray, shiny, or dusty. Some of these varieties are easy to smell and see while others hide around baseboards, between walls, and in corners of your attic or basement. It would be best if you can also recognize what it looks like. Apart from physically seeing the mold, noticing bubbling paint, drywall, or discolored paint and wood could be signs of mold growth.
Consult Your Lease Agreement
The first step you should take if you discover mold in your apartment is to consult your lease agreement. Your lease agreement should have a clause that addresses mold and other environmental hazards.
For example, your lease may require you to notify the property manager of any health or safety issues within a specific time period. Or it may outline precisely what responsibilities the landlord has for mold remediation.
Yet, even if your lease does not explicitly address mold, you may still have options. For instance, most states have a legal doctrine called the Implied Warranty of Habitability. This warranty states that landlords must maintain their rentals in a livable condition. Therefore, your landlord may belegally obligated to resolve the issue.
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Is It A Violation For There To Be Mold In My Apartment
The citys housing department will record mold growths as C class, or immediately hazardous violations. However, many tenants find the enforcement of laws by the citys health and housing departments to be insufficient when dealing with a landlord who is resistant to spending the money to cure the problem. If your landlord is not responsive, you may need to take futher action such as taking your landlord to court
What Apartment Mold Symptoms Should Worry Me
Mold is a fungus that grows in the presence of moisture in warm, dark places. It releases tiny little spores into the air and, if left untreated, can make you really sick. Those spores can settle into your lungs.
You might have mold if you witness or experience any of the following:
- A persistent musty smell
- You see black or dark green spots appearing on any surface
- You start having physical symptoms like sneezing, coughing, trouble breathing, itchy eyes, or skin rashes that get better when you leave your apartment
- You see signs of water intrusion like bulging drywall, bubbling or peeling paint, and/or discoloration from water stains that werent dried out immediately.
You might only see or feel just one symptom, but it is very important not to ignore signs of mold for the sake of your health. Each of these apartment mold symptoms is a cause for concern.
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Tenant Liability And Responsibility
A tenants failure to notify a landlord of mold in the rental property could result in the landlord holding the tenant legally responsible. The more serious the mold infestation is, the more costly the clean-up.
If tenants ignore the problem, they could get stuck with the bill. If you detect the growing presence of mold, it is essential to act quickly.
Mold removal is health, habitability, and legal issue, so tenants have legal rights and landlords have legal obligations.
Important
Your lease may contain an addendum, clause, or disclosure specifically regarding the issue of removing mold. Once a landlord begins addressing the problem, there is a possibility that temporary relocation may be necessary during clean-up.
If a landlord relocates a tenant to a hotel during this time, the tenant is still obligated to continue paying their rent, but the landlord picks up the tab for the hotel.
A tenant is responsible for reasonable preventative measures while living in the residence.
Follow these tips for preventing mold and associated health problems:
- Properly vent clothes dryers to outside the rental property
- Request regular cleaning of air conditioning and clothes dryer ducts
- Use exhaust fans during showers, running dishwashers, and while cooking
- Clean up water spills immediately
- Report water leaks to the landlord/management immediately, such as a leaky roof or leaky pipe
Here are some suggested areas to examine where the danger of black mold or other mold spores may be lurking:
Why Is Mold One Of The Biggest Concerns Of Tenants In Georgia
Based on a tenant review website, the five most common complaints of tenants include the following:
An environmental hazard, mold is a type of microscopic fungi that thrives in moist conditions, and is very prevalent in humid climates. It grows on any organic material including wood, paper, drywall, tiles, wall paneling, paint, rugs and fibers.
Colonies of mold, like like stachybotrys, penicillium, aspergilus, paecilomyces, and fusarium, can cover a large area and are usually black, white, grey, brown, green, or gray. Some molds are powdery or shiny and can give off a musty or mildewy smell. Unfortunately, not all mold is visible and can be hidden or covered in the areas such as a vent underneath a refrigerator, radiator, or sink under the floor or a ceiling or behind a wall.
Common causes of moisture include the following:
- leaky pipes or radiators
- poor ventilation, especially in a bathroom
There are two key problems caused by mold. First, it damages the surfaces it grows on, which could eventually cause structural problems. Second, it can also cause serious health problems. Depending on your sensitivity to mold and the extent of the mold growth, you may be forced move out of your apartment if mold is present.
Healthy people constantly exposed to mold can also develop severe illnesses and allergies when exposed to mold.
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What Should Be Done When Mold Is Found In My Apartment
Mold should be cleaned up, according to the NYC Department of Health, with a mild bleach and water solution by a person who is not allergic or sensitive to the mold. Young children, especially babies, older people, pregnant women and anyone with asthma or other allergic or lung condition should not be involved in or around the mold or the clean up. The cleaning cloths should be discarded, and any thing that had the mold growing on it, such as carpets, curtains, furniture, paper, wall paper, plaster or sheet rock should also be discarded. The citys health department has clear guidelines for cleaning up mold growths which should be followed. If your landlord is doing the cleanup, make sure the workers follow the guidelines. Obviously, very large growths should be handled by a trained contractor hired by the landlord.
What Is Considered A Reasonable Amount Of Time To Make A Repair Or Remedy A Problem
Seven days is generally considered a reasonable amount of time. However, the court can consider a different length of time to be reasonable based on:
- The date the landlord received the notice,
- The severity and nature of the condition, and
- The reasonable availability of materials and labor and of utilities access.
Note: Exceptions apply to the timing to complete a repair if the damage to the rental property was an insured casualty loss. If the mold problem is a covered condition, the landlord has a reasonable amount of time after receiving the insurance proceeds to complete the repairs. Talk with a lawyer about your right to end your lease before the problem is corrected or receive a rent reduction if the property becomes totally unusable during the time your landlord is waiting for insurance proceeds to make a repair.
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Reporting Black Mold In Your Workplace
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Search Your Apartment For Hidden Mold Growth
Wet paint, cardboard, walls, and other damp infrastructure are perfect breeding grounds for mold. An apartment that experiences a flood or other water damage becomes much more likely to be contaminated with mold of many varieties.
This is especially true for apartments in states with naturally humid climates like California and Florida, which can experience mold infestations even without an accident that causes water damage. Landlords in those states should know how to prepare for mold and already have a plan to deal with possible infestations before their tenants health is affected.
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How Can I Get Help In Fighting For Decent Services And Conditions In My Apartment
Contact other tenants in the building if you think that mold or other issues are building-wide, and join with interested neighbors to pressure your landlord as a group. Read our information sheet on Forming a Tenants Association.
With the possibility of lawsuits and liabilities, you may want to inform the landlords insurance company of the issue. You can also reach out to local elected officials, especially if you are having difficulty getting city agencies to come out for inspections or to follow up with enforcement. Contact Met Council on Housing or a local housing group for help in organizing your building to fight against a landlord who refuses to clean up and make repairs as required by law.
What If Mold Keeps Coming Back In The Same Areas After It Is Cleaned Up
Mold grows in areas that are kept wet or moist, so simply cleaning up mold is insufficient if there continues to be a water leak, water build-up , moisture build-up, or standing water . If mold regrows in an area where it has already been cleaned, that is an indication that the source of the problem has not been addressed.
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Tell Your Landlord Manager Or Super Right Away
If you rent in New York City, your landlord must take specific steps to eliminate all visible mold as well as the poor housing conditions that led to the mold. Leaks, moisture entering your apartment, and lack of ventilation can lead to recurring mold and related conditions like infestations of roaches and other pests. Mold grows rapidly so report the condition immediately and provide your landlord ready access to your apartment for repairs.
Once you report the problem, be ready to schedule time for the landlord and/or contractors to inspect and repair the issue. Under New York City regulation, you must provide the landlord access to inspect the condition upon reasonable notice , and the landlord should provide you one weeks written notice prior to entering your apartment to perform work. If the condition constitutes an emergency , you must provide access to the landlord right away. If you live in NYCHA, call the Customer Care Center at 707-7771 or make a complaint online to request repairs. You can also contact 311 to make a record of the complaint.
What Are My Options If The Owner Refuses To Help
First, it is important to check the lease agreement between the tenant and the landlord. Leases seldom address mold or moisture specifically, but they should include language specifying how maintenance and repair concerns are handled.
If a landlord fails to make repairs, the Attorney Generals publication Landlords and Tenants: Rights and Responsibilities suggests a number of remedies, including filing a complaint with the local housing, health, or building inspector, if there is one. Tenants can contact their city or county to see what codes and inspection services may be available.
The availability of inspectors and local codes varies throughout the state. Some cities have adopted property maintenance or rental housing codes. Another option may be the local health department. Some local health departments may apply their authority under Minnesota Law to declare a property a public health nuisance and may issue correction orders to the landlord. The Minnesota Department of Health does not provide direct services, such as inspections or testing, for mold problems.
If the city or county are unable to help, you may be able to take legal action, including a rent escrow action. The tenant should try to document the problem, where applicable, with letters, photographs, evidence of health problems, orders from local inspectors, and any other documentation that would help the case. More information on legal rights and action is available from these sources:
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I Suspect Mold In My Apartment What Should I Do
You should immediately contact your landlord/property manager to show them your concern and point out that you suspect that it may be mold. Your landlord/property manager should have an expert inspect the premises and remediate at once if so . If you have attempted to work with your landlord/property manager and the problem/suspicion persists, contact the Health Agent to log a complaint and request an inspection . Any and all violations will need to be remediated on a particular timetable. The Board of Health assesses a fine for violations not remediated non-payment of the fines can result in a Housing Court Order and is punishable by Massachusetts Law.
The Centers for Disease Control is a good source for information about the various types of mold, mold remediation, and other useful insight click here to review.
Can I Charge My Landlord Or Get A Reduction In Rent For Having Mold In My Apartment
Rent stabilized and rent controlled tenants can request a rent reduction based on reduced services by filing a complaint with the NYS Division of Housing and Community Renewal. DHCR tends to act slowly and has limited enforcement powers, so tenants who request a rent reduction from DHCR are strongly encouraged to also take other steps, such as suing the landlord in Housing Court in an HP Action.
If the mold growth was caused by the landlords negligence, you may have a claim against your landlord. To seek reimbursement for damages to your property or expenses related to cleanup, you can sue your landlord in small claims court. Keep receipts of all expenses related to inspections, medical bills related to the issue, and cleanup. You might be able to avoid court by negotiating with your landlord.
You have the right by law to withold your rent, and when your landlord sues to evict you and collect unpaid rent, to ask for an abatement However, there are numerous potentially serious consequences for withholding rent. Always seek the counsel of an experienced tenant lawyer or tenant advocate before deciding to withhold rent.
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If The Landlord Doesn’t Respond Right Away Call 311*
If your landlord fails to make repairs or does a shoddy job, you should consider calling 311*. For private housing tenants, calling 311 to report a housing maintenance issue will result in an inspection from the New York City Department of Housing Preservation and Development . For NYCHA residents, a call to 311 will create an additional record of your complaint but HPD will not inspect your apartment automatically. You will need to also call the Customer Care Center at 707-7771 or make a complaint online to request repairs.
For private housing residents, a housing inspector will assess the condition and place housing code violations based on the severity of the condition. For mold, violations fall into three categories: Class A, Class B, and Class C.
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Class A: Mold of less than 10 square feet constitutes a Class A violation, meaning the owner has 90 days to cure the violation.
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Class B: Mold of more than 10 square feet but less than 30 square feet in a given room constitutes a Class B violation, considered hazardous and requiring the landlord to cure the violation within 60 days.
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Class C: Considered immediately hazardous, mold spanning 30 or more square feet constitutes a Class C violation and must be cured within 24 hours.
HPD will also require the landlord to trace the cause of the mold, phrasing violations as trace and repair the source and abate the nuisance consisting of mold.
