'/%3e%3c!--%20Compass%20outer%20ring%20--%3e%3ccircle%20cx='128'%20cy='128'%20r='80'%20fill='none'%20stroke='%23ffffff'%20stroke-width='8'%20opacity='0.25'/%3e%3c!--%20Compass%20needle%20-%20North%20(gold)%20--%3e%3cpath%20d='M128%2056%20L144%20128%20L128%20116%20L112%20128%20Z'%20fill='url(%23accent)'/%3e%3c!--%20Compass%20needle%20-%20South%20(white)%20--%3e%3cpath%20d='M128%20200%20L144%20128%20L128%20140%20L112%20128%20Z'%20fill='%23ffffff'%20opacity='0.85'/%3e%3c!--%20Center%20circle%20--%3e%3ccircle%20cx='128'%20cy='128'%20r='12'%20fill='url(%23accent)'/%3e%3ccircle%20cx='128'%20cy='128'%20r='6'%20fill='%230d4a4f'/%3e%3c/svg%3e){kind=small}
Overview
New York does not have a statewide statute specifically dedicated to mold in rental properties. However, tenants are protected by the implied warranty of habitability under Real Property Law Section 235-b, which requires landlords to maintain rental properties in a condition fit for human habitation and free from hazardous conditions. New York City has enacted significant mold-specific legislation through Local Law 55 of 2018 (the Asthma-Free Housing Act), which requires landlords of multiple dwelling buildings to keep units free of indoor allergen hazards including mold. Additionally, Article 32 of the New York Labor Law establishes licensing requirements for mold assessors and remediators statewide. [New York Real Property Law Section 235-b]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Housing
All New York tenants have the right to a livable, safe, and sanitary rental unit under the implied warranty of habitability. This right cannot be waived in the lease. Landlords must maintain roofs, ceilings, walls, and floors free from leaks, mold, and significant damage. If mold grows due to structural issues or landlord neglect, the landlord is legally responsible for remediation.
Right to Request Repairs
Tenants have the right to notify landlords of mold problems and request repairs. Written notice is strongly recommended as it creates documentation. Tenants should take photographs of the mold, send dated written repair requests, and keep copies of all communications. If landlords fail to respond, tenants can escalate to government agencies or Housing Court.
Landlord Responsibilities
Maintain Habitable Conditions
Landlords must maintain rental properties in a condition fit for human habitation under Real Property Law Section 235-b. This includes addressing mold that poses health risks and fixing underlying causes such as water leaks, roof damage, plumbing issues, and inadequate ventilation. Simply painting over mold or wiping it away is insufficient; landlords must properly remediate the mold and address its source.
Conduct Annual Inspections (NYC)
Under NYC Local Law 55, landlords of buildings with three or more apartments must conduct annual inspections of all units for indoor allergen hazards including mold, mice, rats, and cockroaches. Landlords must ask tenants about any confirmed or suspected presence of mold or pests and respond promptly to complaints or requests for inspections.
Remedies Available to Tenants
Rent Withholding
Available: Rent withholding is recognized in New York as a remedy for habitability violations including mold, but it carries significant risks. Tenants may legally withhold rent or a portion of it when mold makes the apartment uninhabitable and the landlord fails to remediate after receiving notice. However, tenants should typically pay rent and pursue legal action through Housing Court rather than unilaterally withholding. Improper withholding can lead to eviction proceedings. Courts will determine the appropriate rent reduction based on the severity of the condition. Always consult an attorney or tenant advocate before withholding rent.
Repair and Deduct
Available: New York recognizes the repair and deduct remedy in limited circumstances. Tenants may pay for mold remediation themselves and deduct the reasonable cost from rent when landlords have been unresponsive after receiving proper notice. However, there is no explicit statutory right to repair and deduct in New York State. If a landlord sues for unpaid rent, a judge will determine whether the tenant fairly withheld the cost of the mold cleanup. This remedy is best reserved for clear-cut, smaller emergency repairs. Tenants should document all communications and keep receipts for any work performed.
[New York State Attorney General - Residential Tenants Rights Guide]
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in New York
Understanding New York's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
New York's Humid Continental Climate
New York has a humid continental climate with warm, humid summers and cold winters. Annual humidity averages 63-72% throughout the state, with summer humidity frequently exceeding 70%. New York City receives approximately 50 inches of precipitation annually. The combination of humidity, temperature variations, and aging building infrastructure creates significant mold risk, particularly in densely populated urban areas.
Urban Housing Mold Challenges
New York, particularly New York City, faces significant mold challenges due to aging housing stock, high population density, and climate conditions. A NYC Department of Health study found that approximately 30% of New York City housing units have visible mold or moisture problems. Older pre-war buildings with poor ventilation and original plumbing are especially vulnerable. Basement and ground-floor apartments face elevated risk.
Mold and Asthma Connection
New York City has one of the highest asthma rates in the nation, with approximately 10% of adults and 13% of children affected. The NYC Department of Health identifies indoor mold as a significant asthma trigger. Local Law 55 (the Asthma-Free Housing Act) was enacted specifically to address the connection between indoor allergens including mold and the city's asthma epidemic.
NYC Local Law 55 (Asthma-Free Housing Act)
New York City enacted Local Law 55 of 2018, one of the most comprehensive mold laws in the nation. It requires landlords of multiple dwellings to keep units free of mold, conduct annual inspections, and use licensed professionals for remediation over 10 square feet. Violations can result in fines from $10 to $10,000 per occurrence.
Aging Housing Stock
Over 70% of New York City's rental housing was built before 1960. These older buildings often have original plumbing, inadequate bathroom ventilation, single-pane windows that cause condensation, and building envelope issues that allow water intrusion. Pre-war buildings are particularly susceptible to chronic moisture problems and mold growth.
Common Mold Types in New York
New York City's dense housing and aging building stock create unique mold challenges. Pre-war buildings (70%+ of rental housing) have original plumbing, poor ventilation, and building envelope issues. Basement and ground-floor units face elevated risk. Upstate New York sees seasonal mold patterns with increased growth in humid summers.
Aspergillus/Penicillium
Most common indoor molds in New York buildings. Often found together in air samples. Thrive in water-damaged materials, HVAC systems, and areas with poor ventilation. Can trigger allergic reactions and asthma.
Cladosporium
Very common in both outdoor and indoor environments. Frequently found on damp building materials, window sills, and bathroom surfaces. Major allergen for many New Yorkers.
Stachybotrys chartarum (Black Mold)
Requires very wet conditions. Found in chronically water-damaged buildings, basement apartments, and buildings with plumbing leaks. Produces mycotoxins associated with serious health effects.
Alternaria
Common allergen found in damp areas like showers and under sinks. Prevalent in older NYC buildings with water damage. Can cause allergic reactions and asthma symptoms.
Mold Professional Requirements in New York
Mold Assessor Licensing
New York requires mold assessors to be licensed by the Department of Labor under Article 32 of the Labor Law. Assessors must complete accredited training, pass a state examination, and maintain liability insurance. They conduct inspections, collect samples, and develop remediation protocols. The same entity cannot perform both assessment and remediation on the same project.
Certifying Body: New York Department of Labor
Mold Remediation Contractor Licensing
New York requires Mold Remediation Contractors to be licensed. Workers performing remediation must be registered as Mold Abatement Workers. Contractors must maintain at least $50,000 in liability insurance. For projects in NYC involving more than 10 square feet, licensed professionals must be used per Local Law 55. Post-remediation clearance must be performed by a licensed assessor.
Certifying Body: New York Department of Labor
Regulatory Agency
New York Department of Labor - Mold Program
Visit Website → | Phone: 518-457-2735
Mold Legislation in New York
Enacted laws, pending bills, and historical legislation related to mold in New York.
Enacted Laws
NYC Local Law 55: Asthma-Free Housing Act
Requires landlords of buildings with 3+ apartments to keep units free of indoor allergen hazards including mold. Mandates annual inspections, tenant notification, use of licensed professionals for mold over 10 sq ft, and establishes violation classes with fines up to $10,000.
Impact: One of the most comprehensive local mold laws in the nation. Established enforceable standards for mold remediation in NYC rental housing and created a framework for tenant complaints through 311/HPD.
Pending and Advancing Bills
S5200 / A446: NYCHA Mold Remediation Act
Status: In Senate Housing, Construction and Community Development Committee
Would require NYCHA to remediate mold within 15 days of tenant reports and conduct follow-up inspections within 60 days.
Why it matters: NYCHA currently meets mold remediation timelines only 12% of the time. This bill would codify response requirements into state law.
Implied Warranty of Habitability
New York's implied warranty of habitability under Real Property Law Section 235-b is automatically included in every residential lease, whether written or oral. Landlords must ensure that rental premises are fit for human habitation and free from conditions that would be dangerous, hazardous, or detrimental to the life, health, or safety of occupants. This warranty extends to common areas used by tenants. Any lease provision that waives this right is void as contrary to public policy. Mold has been recognized by New York courts as a condition that can violate the warranty of habitability when it poses health risks or substantially interferes with the use of the premises. [New York Real Property Law Section 235-b]
Mold Disclosure Requirements
Notable Mold Court Cases in New York
These cases have shaped mold litigation and tenant rights in New York. Understanding legal precedents can help inform your own situation.
Baez v. New York City Housing Authority (2014)
Summary: Class-action lawsuit filed under the Americans with Disabilities Act on behalf of NYCHA residents with asthma suffering from unabated mold and excessive moisture. Settlement required NYCHA to remediate mold promptly and improve ADA accommodation requests. NYCHA was found out of compliance from day one, leading to appointment of a special master in 2015 and an amended settlement in 2018.
Outcome: Federal consent decree requiring NYCHA to complete simple mold repairs within 7 days and complex repairs within 15 days. As of April 2024, backlog grew to 77,000 unresolved mold/leak requests with average completion time of 266 days. NRDC continues monitoring enforcement.
Significance: The most significant ongoing mold litigation in New York. Transformed NYCHA mold response systems but compliance remains far below targets. New mold requests dropped 50% and 6,200 roof fans were repaired, but massive backlog persists.
Local Regulations
Some cities in New York have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full New York mold law details.
New York City, NY
Local mold risks, prevention priorities, and next steps for New York City.
Buffalo, NY
Local mold risks, prevention priorities, and next steps for Buffalo.
Rochester, NY
Local mold risks, prevention priorities, and next steps for Rochester.
Yonkers, NY
Local mold risks, prevention priorities, and next steps for Yonkers.
Syracuse, NY
Local mold risks, prevention priorities, and next steps for Syracuse.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in New York.
NYC HPD Emergency Repair Program
The NYC Department of Housing Preservation and Development can perform emergency repairs, including mold remediation, in rental properties when landlords fail to make repairs. The city bills the landlord for the work.
Eligibility: NYC tenants in buildings with serious code violations where landlords have failed to make repairs after receiving violations.
Phone: 311Learn More →
USDA Section 504 Home Repair Program
Provides loans up to $50,000 and grants up to $10,000 for very low-income homeowners to repair, improve, or modernize their homes, including mold remediation.
Eligibility: Very low-income homeowners (below 50% of area median income). Grants limited to homeowners age 62 or older.
Coverage: Loans: up to $50,000 at 1% interest. Grants: up to $10,000.
Phone: 1-800-670-6553Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does New York State have specific mold laws?
New York State does not have a comprehensive mold statute. However, the implied warranty of habitability under Real Property Law Section 235-b requires landlords to maintain habitable conditions, and mold can violate this warranty. Article 32 of the Labor Law establishes licensing requirements for mold professionals. New York City has specific mold regulations through Local Law 55 of 2018.
What is NYC Local Law 55 (Asthma-Free Housing Act)?
Local Law 55 of 2018 requires NYC landlords of buildings with 3 or more apartments to keep units free of mold and pests, conduct annual inspections, provide informational materials to tenants, and use licensed professionals for mold over 10 square feet. Violations are classified by severity and can result in fines up to $10,000.
How do I report mold in my NYC apartment?
NYC tenants can report mold by calling 311 or filing a complaint online. The Department of Housing Preservation and Development (HPD) will schedule an inspection. After filing, you will receive a Service Request number to track the case. If violations are found, landlords will be given deadlines to correct them.
Official Resources
These official resources can help you understand your rights and take action: