Who Local Law 55 covers
Local Law 55 of 2018, the Asthma-Free Housing Act, applies to multiple dwellings in New York City. Owners must keep apartments free of indoor allergen hazards, including mold, mice, cockroaches and rats, and must correct the underlying conditions that cause them, such as leaks and excess moisture.
Annual inspections
Owners must inspect apartments for indoor allergen hazards at least once a year, and more often when a tenant reports a problem or a condition is found. Keeping records of these inspections and repairs is part of compliance.
The 10 square foot rule
- Buildings with fewer than 10 units: mold must be corrected using safe work practices, including fixing the moisture source, removing or cleaning moldy materials and cleaning up properly.
- Buildings with 10 or more units: mold of 10 square feet or more in an apartment must be assessed by a New York State licensed mold assessor and remediated by a separate licensed mold remediation contractor.
New York State law does not allow the same company to perform both the assessment and the remediation on the same project. The assessor files a post-remediation assessment and certification with DEP, and the remediator files the mold remediation work plan.
HPD mold violation deadlines
HPD can issue mold violations in three classes, each with its own correction period:
- Class A: 90 days
- Class B: 30 days
- Class C: 21 days
To clear a violation, the owner submits a certification showing the work met Local Law 55 requirements.
Fix the moisture, not just the mold
Mold that is cleaned without fixing the leak or ventilation problem comes back, and so do the violations. Every remediation we perform starts with finding the moisture source, and ends with clearance testing by an independent assessor.