New Jersey's Mold-Safe Housing Act: What S649 Would Mean for Renters

New Jersey has approximately one million renters, yet the state has no specific laws requiring landlords to disclose mold, conduct mold inspections, or even remediate mold that they know about. Senate Bill S649, known as the Mold-Safe Housing Act, aims to change that. If passed, it would create one of the most comprehensive mold protection frameworks for tenants in the country.

The bill has been introduced repeatedly since 2013, gaining support each session but never quite reaching the finish line. Understanding what it would do, why it matters, and what obstacles it faces is essential for New Jersey renters who want to advocate for better housing protections.

What the Mold-Safe Housing Act Would Do

S649 takes a multi-pronged approach to addressing mold in rental housing:

Mandatory Mold Inspections

• Single-family and two-family rentals: Must be inspected for mold upon any change in occupancy
• Multiple dwellings: Must be inspected every five years under the Hotel and Multiple Dwelling Law
• Certificate of occupancy requirement: No certificate can be issued until the building is certified free of "visible or detectable indications of the substantial presence of mold"

Tenant Relocation Rights

Perhaps the most significant provision allows tenants whose landlords fail to abate mold to request relocation assistance. The Department of Community Affairs would investigate claims and determine whether to relocate the tenant, with existing relocation assistance laws applying.

Court Notification System

When a tenant is constructively evicted due to mold or other habitability issues, the court must notify the Department of Community Affairs. This creates a tracking system for problem properties and negligent landlords.

Why New Jersey Needs This Law

The Garden State's current approach to mold in rental housing has significant gaps:

• No disclosure requirements: Landlords have no legal obligation to tell prospective tenants about existing mold
• No inspection mandates: Unlike lead paint, mold is not routinely inspected for
• No remediation standards: There are no state-level cleanup requirements
• Limited enforcement: Government agencies have minimal authority to address mold complaints

For renters, this means discovering mold often comes after signing a lease and moving in. When they do find mold, their options are limited. The implied warranty of habitability provides some protection, but proving a landlord violated it requires legal action that many tenants cannot afford.

The Human Cost of Inaction

The absence of mold regulations has real consequences for New Jersey families. In one Hamilton case, tenants of a rental house claimed they were hospitalized and afflicted with serious illnesses due to high mold levels in their home. Such stories are unfortunately common.

The problem is particularly acute in federally subsidized housing. A 2019 Census Bureau survey found that tenants in HUD-subsidized housing are almost twice as likely to live in mold-infested dwellings. Hurricane Sandy in 2012 exacerbated the problem along the Jersey Shore, with contractors calling it the worst mold situation they had ever seen.

Mold exposure has been linked to respiratory problems, chronic fatigue, asthma attacks, and other serious health conditions. For vulnerable populations, including children, the elderly, and those with compromised immune systems, the risks are even higher.

Current Status and Legislative History

S649 was introduced on January 9, 2024, and referred to the Senate Community and Urban Affairs Committee, where it currently sits. The bill is sponsored by Senators Robert W. Singer and Linda R. Greenstein and has bipartisan support (described as "Slight Partisan Bill (Democrat 2-1)").

A companion bill, A672, has been introduced in the Assembly with the same provisions.

The bill's history stretches back more than a decade. Senator Singer has introduced similar legislation every session since 2013. Previous versions have included:

• 2018 session: S460
• 2020 session: S81
• 2022 session: S81 (reintroduced)
• 2024 session: S649 (current)

Each time, the bill has gained some traction but failed to advance out of committee. Advocates point to real estate industry opposition as a primary obstacle.

What Opponents Say

The Mold-Safe Housing Act faces opposition from landlord groups and real estate industry associations who argue:

• Cost burden: Mandatory inspections and remediation requirements would increase costs for property owners, potentially leading to higher rents
• Inspection challenges: Mold can be difficult to detect without invasive testing, making "mold-free" certifications impractical
• Subjectivity: "Substantial presence of mold" is not clearly defined, creating enforcement uncertainty
• Existing remedies: Tenants already have legal options through habitability claims

These arguments have been persuasive enough to keep the bill in committee, though advocates counter that the human cost of inaction far outweighs the compliance costs.

What Tenants Can Do Now

While waiting for legislative change, New Jersey renters have some existing protections:

Implied Warranty of Habitability

Under Marini v. Ireland (1970), landlords must provide livable conditions. If mold makes a unit uninhabitable, tenants may have legal recourse. Options include rent withholding (paying rent into escrow until repairs are made) and repair and deduct (fixing the problem yourself and subtracting costs from rent).

Document Everything

If you discover mold, take photos and videos immediately. Send written notice to your landlord describing the problem and requesting remediation. Keep copies of all communications. If you experience health symptoms, see a doctor and maintain records.

Contact Local Authorities

While state-level enforcement is limited, some municipalities have housing codes that may apply to mold conditions. Contact your local health department or code enforcement office to inquire about inspection options.

What to Watch For

Several factors could influence whether S649 finally becomes law:

• Committee action: Watch for movement in the Senate Community and Urban Affairs Committee
• Assembly progress: A672 must advance in parallel
• Election cycles: Changes in legislative composition could affect the bill's prospects
• Public pressure: Tenant advocacy and media attention have historically helped advance housing legislation

Given the bill's decade-long history of being introduced and stalling, passage is far from certain. However, growing awareness of housing habitability issues and increased tenant organizing may create momentum this session.

How to Support the Bill

If you believe New Jersey needs stronger mold protections, consider:

• ✓Contacting your state senator and assembly member to express support for S649/A672
• ✓Sharing your mold experiences with tenant advocacy organizations
• ✓Testifying at public hearings on housing issues
• ✓Connecting with organizations like the New Jersey Tenants Organization

For comprehensive information on your current rights as a New Jersey renter dealing with mold, visit our New Jersey mold laws guide.