27-2017 Control of Pests and Other Asthma Allergen
On January 19th, 2018, the New York City Council passed Local Law 55 of 2018, the “Asthma-Free Housing Act.” The bill was created to fight rising asthma rates and to improve the quality of life for the more than one million asthmatic New Yorkers.
Local Law 55 will take effect in just a few days, on January 19th, 2019.
Local Law 55, also known as the Asthma Free Housing Act, requires that landlords of buildings with three or more apartments—or buildings of any size where a tenant has asthma—take steps to keep their tenants’ homes free of pests and mold, including by safely fixing the conditions that cause these problems.
§ 27-2017 Definitions.
When used in this article:
Common area. The term "common area" means a portion of a multiple dwelling that is not within a dwelling unit and that is regularly used by occupants for access to and egress from any dwelling unit within such multiple dwelling, as well as commonly used areas such as a laundry room.
Harborage. The term "harborage" means any condition which provides shelter or protection for pests.
Indoor allergen hazard. The term "indoor allergen hazard" means any indoor infestation of cockroaches, mice, or rats or conditions conducive to such infestation, or an indoor mold hazard.
Indoor mold hazard. The term "indoor mold hazard" means any condition of mold growth on an indoor surface, building structure or ventilation system, including mold that is within wall cavities, that is likely to cause harm to a person or that has been cited as a violation by the department.
Integrated pest management. The term "integrated pest management" means ongoing prevention, monitoring and pest control activities to eliminate pests from any building, lot, or dwelling. This includes, but is not limited to, the elimination of harborages and conditions conducive to pests, the use of traps, and, when necessary, the use of pesticides.
Pest. The term "pest" means any unwanted member of the Class Insecta, including, but not limited to houseflies, lice, bees, cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes and wasps, and such members of the Phylum Arthropoda as spiders, mites, ticks, centipedes and wood lice, or of the Order Rodentia, including but not limited to mice, Norway rats, and any other unwanted plant, animal or fungal life that is a pest because it is destructive, annoying or a nuisance.
Underlying defect. The term "underlying defect" means a condition that causes an indoor mold hazard, such as a water leak or water infiltration from plumbing or defective masonry pointing or other moisture condition, or causes an infestation of pests, including holes or entryway paths for pests.
Visible mold. The term "visible mold" means mold that is readily identifiable by visual inspection, including mold that is behind furniture or other interior obstructions.
(Am. L.L. 2018/055, 1/19/2018, eff. 1/19/2019; Am. L.L. 2019/051, 3/16/2019, retro. eff. 1/19/2019)
§ 27-2017.1 Owners' responsibility to remediate.
The existence of an indoor allergen hazard in any dwelling unit in a multiple dwelling is hereby declared to constitute a condition dangerous to health. An owner of a dwelling shall keep the premises free from pests and other indoor allergen hazards and from any condition conducive to indoor allergen hazards, and shall prevent the reasonably foreseeable occurrence of such a conditions and shall expeditiously remediate such conditions and any underlying defect, when such underlying defect exists, consistent with section 27-2017.8 and the rules promulgated pursuant to section 27-2017.9.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019; Am. L.L. 2019/051, 3/16/2019, retro. eff. 1/19/2019)
§ 27-2017.2 Owners' responsibility to notify occupants and to investigate.
a. The owner of a multiple dwelling shall cause an investigation to be made for indoor allergen hazards in all occupied dwelling units and in common areas as set forth on subdivision b of this section.
b. Investigations shall be undertaken at least once a year and more often if necessary, such as when, in the exercise of reasonable care, an owner knows or should have known of a condition that is reasonably foreseeable to cause an indoor allergen hazard, or an occupant makes a complaint concerning a condition that is likely to cause an indoor allergen hazard or requests an inspection, or the department issues a notice of violation or orders the correction of a violation that is likely to cause an indoor allergen hazard.
c. All leases offered to tenants or prospective tenants in such multiple dwellings shall contain a notice, conspicuously set forth therein, which advises tenants of the obligations of the owner and tenant as set forth in this section. Such notice shall be approved by the department, and shall be in English and in the covered languages set forth in section 8-1002*. The owner of such multiple dwelling shall provide the tenant or prospective tenant of such dwelling unit with the pamphlet developed by the department of health and mental hygiene pursuant to section 17-199.7. Such pamphlet shall be made available in English and in the covered languages set forth in section 8-1002*.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
§ 27-2017.3. Violation for visible mold.
a. The presence of visible mold in any room in a dwelling unit in a multiple dwelling shall constitute an indoor mold hazard violation as provided in this section, except when such mold is present on tile or grout:
1. The presence of visible mold in an amount measuring in total less than ten square feet in a room within a dwelling unit shall constitute a non-hazardous violation.
2. The presence of visible mold in an amount measuring in total between ten square feet and thirty square feet in a room within a dwelling unit shall constitute a hazardous violation.
3. In addition, the presence of visible mold as provided in subparagraphs (a) or (b) of this paragraph shall constitute a hazardous violation if:
(a) there is an existing non-hazardous violation of paragraph one of this subdivision for which the certification period has expired and the non-hazardous violation has not been certified as corrected within the certification time period, and the mold condition that was the cause of the non-hazardous violation continues to be present in the same room in the dwelling unit; or
(b) The owner has submitted a false certification of correction of a non-hazardous violation issued pursuant to paragraph one of this subdivision and the mold condition that was the cause of such non-hazardous violation continues to be present in the same room in the dwelling unit.
4. The presence of visible mold in an amount measuring in total greater than or equal to thirty square feet in a room within a dwelling unit, shall constitute an immediately hazardous violation.
5. In addition, the presence of visible mold as provided in subparagraphs (a) or (b) of this paragraph shall constitute an immediately hazardous violation if:
(a) There is an existing hazardous violation pursuant to paragraph two of this subdivision for which the certification period has expired and such hazardous violation has not been certified as corrected within the certification time period, and the department has reinspected the unit within seventy days of the certification date of such hazardous violation and has found that the mold condition that was the cause of such hazardous violation continues to be present in the same room in the dwelling unit; or
(b) The owner has submitted a false certification of correction of a hazardous violation issued pursuant to paragraph two of this subdivision and the mold condition that was the cause of such hazardous violation continues to be present in the same room in the dwelling unit.
b. The presence of visible mold in an amount measuring greater than or equal to thirty square feet in any one room or any one level of a hallway of a common area or fifty square feet in the aggregate shall constitute a hazardous violation. The presence of visible mold in an amount measuring less than thirty square feet in any one room or any one level of a hallway of a common area or fifty square feet in the aggregate shall constitute a non-hazardous violation.
c. 1. The date for correction of a non-hazardous or hazardous violation pursuant to subdivisions a or b of this section shall be as set forth in subdivision c of section 27-2115.
2. The date for correction of an immediately hazardous violation pursuant to subdivision a of this section shall be twenty-one days after service of the notice of violation as provided on such notice.
3. The department may postpone the date by which an immediately hazardous violation issued pursuant to subdivision a of this section shall be corrected upon a showing, made within the time set for correction in the notice, that prompt action to correct the violation has been taken but that full correction cannot be completed within the time provided because of serious technical difficulties, inability to obtain necessary materials, funds or labor, inability to gain access to the dwelling unit wherein the violation exists, or such other portion of the building as may be necessary to make the required repair, provided, however, that where such immediately hazardous violation has been issued as a result of a reinspection of a hazardous violation that remained uncorrected, no postponement shall be granted. Such postponement shall not exceed fourteen days from the date of correction set forth in the notice of violation. The department may require such other conditions as are deemed necessary to correct the violation within the time set for the postponement.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
§ 27- 2017.4. Violation for pests
a. When the department makes the determination that any premises are infested by pests other than cockroaches, mice, or rats, it may order such eradication measures and work practices as the department deems necessary. Such violation shall be a hazardous violation pursuant to section 27-2115.
b. Notwithstanding the provisions of subdivision a of this section, the presence of cockroaches, mice or rats in any room in a dwelling unit in a multiple dwelling or a common area shall constitute an immediately hazardous violation of this code as provided in this section and an owner shall comply with the work practices set out in subdivision a of section 27-2017.8 when correcting a such violation.
c. The date for correction of an immediately hazardous violation for cockroaches, mice, or rats shall be twenty-one days after service of the notice of violation as provided on such notice.
d. The department may postpone the date by which an immediately hazardous violation for cockroaches, mice, or rats shall be corrected upon a showing, made within the time set for correction in the notice, that prompt action to correct the violation has been taken but that full correction cannot be completed within the time provided because of serious technical difficulties, inability to obtain necessary materials, funds or labor, inability to gain access to the dwelling unit wherein the violation exists, or such other portion of the building as may be necessary to make the required repair. Such postponement shall not exceed fourteen days from the date of correction set forth in the notice of violation. The department may require such other conditions as are deemed necessary to correct the violation within the time set for the postponement.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
§ 27-2017.5 Removal of asthma triggers in a dwelling unit upon turnover.
a. Prior to the reoccupancy of any vacant dwelling unit in a multiple dwelling, the owner shall, within such dwelling unit, remediate all visible mold and pest infestations, and any underlying defects in such dwelling unit, and thoroughly clean and vacuum all carpeting and furniture provided by such owner to incoming occupants, consistent with the work practices set out in subdivision a of section 27-2017.8 and the rules promulgated pursuant to section 27-2017.9.
b. The owner shall certify in writing to the incoming tenant or occupant of a unit of a multiple dwelling, in such form as may be promulgated by the department, that the unit is in compliance with subdivision a of this section.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
§ 27-2017.6 Department inspections.
a. When entering a dwelling unit in a multiple dwelling for the purpose of investigating the existence of any violation of the code, the department shall make diligent efforts to ascertain whether there are cockroaches, mice, rats, or visible mold in the dwelling unit and shall inquire of the occupant whether cockroaches, mice, rats or mold are present in the dwelling unit. When performing such inspection, the department need only inspect those portions of the dwelling unit where furniture or other furnishings do not obstruct the view of a surface, except when there is visible evidence that causes the department to believe that the obstructed surface has visible mold or cockroaches, mice, or rats.
b. In any dwelling unit in a multiple dwelling the department shall conduct an inspection pursuant to subdivision a of this section no later than thirty days after the department's receipt of a complaint describing a condition that would constitute a violation under subdivision a of section 27-2017.3 or subdivision b of section 27-2017.4. Where the department attempts to perform an inspection of a dwelling unit within the time period required by this subdivision but is unable to gain access, the department shall provide written notice to the occupant of such dwelling unit that no further attempts at access shall be made unless a new complaint is submitted.
c. Where, upon conducting an inspection, the department determines the existence of a condition constituting a violation of this article, the department shall serve a notice of violation within ten additional days of such inspection.
d. The pamphlet developed by the department of health and mental hygiene pursuant to section 17-199.7 shall be left at the premises of the dwelling unit at the time of an inspection made by the department pursuant to this section. Such pamphlet shall be delivered by the department in conjunction with all notices of violation issued pursuant to paragraph one of subdivision o of section 27-2115. Failure to include such pamphlet with such notices of violation shall not render null and void the service of such notices of violation. Such pamphlet shall also be made available to any member of the public upon request.
e. During the period from October first through May thirty-first, or in the event of disaster, the time for the department to conduct an inspection as provided in subdivision b of this section may be extended if the department resources so require. Notwithstanding any other provision of law, failure by the department or the department of health and mental hygiene to comply with any time period provided in this article or section 27-2115 relating to responsibilities of the department and the department of health and mental hygiene, shall not render null and void any notice of violation issued by the department or the department of health and mental hygiene pursuant to such article or section, and shall not provide a basis for defense or mitigation of an owner's liability for civil penalties for violation of such article.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
§ 27-2017.7 Department implementation and enforcement.
a. The department shall provide appropriate training for indoor allergen inspection and for supervisory personnel. The department shall provide for the continuing education of inspection and supervisory personnel regarding changes in applicable federal, state, and local laws and guidance documents and require that each such individual has successfully demonstrated knowledge of those materials and the requirements of this article.
b. The department, with the approval of the department of health and mental hygiene, shall promulgate a comprehensive written procedure to guide department personnel in implementing and enforcing this article. Such procedures shall include a methodology and a form to be used by department personnel when conducting an inspection to carry out and record an inspection pursuant to section 27-2017.6.
c. The department shall promulgate rules for the implementation and enforcement of this article and to effect compliance with all applicable provisions of this article, rules promulgated thereunder, and all applicable city, state or federal laws, rules or regulations. Such rules shall be subject to the approval of the department of health and mental hygiene prior to their promulgation and shall include, but need not be limited to, establishing:
2. Procedures to implement and to enforce compliance with paragraph 2 of subdivision o of section 27-2115, which shall include, but not be limited to, the requirement that an owner certify to:
(a) the correction of a violation of this article,
(b) compliance with section 27-2017.8; and
(c) compliance with the rules promulgated by the department pursuant to section 27-2017.9.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
§ 27- 2017.8 Integrated pest management practices.
a. When any premises are subject to infestation by pests, or subject to a violation of subdivision a of section 27-2017.4 where directed by the department, or subject to a violation of subdivision b of section 27-2017.4, the owner shall use integrated pest management measures and eliminate conditions conducive to pests, and comply with following work practices:
1. inspect for, and physically remove pest nests, waste, and other debris by High-Efficiency Particulate Air (HEPA) vacuuming, washing surfaces, or otherwise collecting and discarding such debris;
2. eliminate points of entry and passage for pests by repairing and sealing any holes, gaps or cracks in walls, ceilings, floors, molding, base boards, around pipes and conduits, or around and within cabinets by using sealants, plaster, cement, wood, escutcheon plates, or other durable material. Attach door sweeps to any door leading to a hallway, basement, or outside the building to reduce gaps to no more than one-quarter inch; and
3. eliminate sources of water for pests by repairing drains, faucets, and other plumbing materials that accumulate water or leak. Remove and replace saturated materials in interior walls.
4. The use of pesticides shall not substitute for pest management measures described in this section. Any pesticide applied shall be applied by a pest professional licensed by New York state department of environmental conservation (DEC).
b. An owner's certification of correction of a pest violation that was issued pursuant to subdivision a of section 27-2017.4 shall, where applicable, include an affidavit affirming that the work practices required pursuant to subdivision a of this section were properly performed. An owner's certification of correction of a pest violation that was issued pursuant to subdivision b of section 27-2017.4 shall include an affidavit affirming that the work practices required pursuant to subdivision a of this section were properly performed. The department may also by rule require additional documentation for certification of correction of a pest violation or a violation of subdivision b of 27-2017.4.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
§ 27-2017.9. Work practices.
a. The department shall promulgate rules, with the approval of the department of health and mental hygiene, establishing work practices when assessing and correcting indoor mold hazards, and underlying defects including violations cited by the department pursuant to this article. The department shall from time-to-time review and revise such rules based upon, among other things, the latest scientific data and developing federal, state, and local laws and industry standards.
b. The work practices promulgated pursuant to subdivision a of this section shall include the requirement that when correcting an indoor mold hazard violation issued pursuant to this article, or when assessing and correcting an indoor mold hazard identified as a result of an inspection by an owner, such owner shall comply with the following work practices:
1. investigate and correct any underlying defect, including moisture or leak conditions, that are causing or may cause mold violations;
2. remove or securely cover with plastic sheeting any furniture or other items in the work area that cannot be removed;
3. minimize the dispersion of dust and debris from the work area to other parts of the dwelling unit through methods such as: sealing ventilation ducts/grills and other openings in the work area with plastic sheeting; isolating the work area with plastic sheeting and covering egress pathways; cleaning or gently misting surfaces with a dilute soap or detergent solution prior to removal; the use of HEPA vacuum-shrouded tools or a vacuum equipped with a HEPA filter at the point of dust generation;
4. clean mold with soap or detergent and water;
5. remove and discard materials that cannot be cleaned properly;
6. properly remove and discard plastic sheeting, cleaning implements, and contaminated materials in sealed, heavy weight plastic bags;
7. clean any remaining visible dust from the work area using wet cleaning methods or HEPA vacuuming; and
8. leave the work area dry and visibly free from mold, dust, and debris.
The work practices shall also include a requirement that when correcting an indoor mold hazard violation issued pursuant to this article, or when assessing or correcting an indoor mold hazard identified as a result of an inspection by an owner, such assessments or work shall be performed in compliance with article 32 of New York state labor law and any rules promulgated thereunder, where applicable.
c. An owner's certification of correction of an indoor mold hazard violation issued pursuant to this article shall include an affidavit affirming that the work practices required pursuant to this section were properly performed. The department may also by rule require additional documentation for certification of correction of an indoor mold hazard violation.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
§ 27-2017.10 Violations placed by the department of health and mental hygiene.
Where the owner of the dwelling or relevant dwelling unit within such dwelling fails to comply with an order of the department of health and mental hygiene to correct a violation placed by the department of health and mental hygiene pursuant to section 17-199.6, the department of health and mental hygiene shall certify such conditions to the department of housing preservation and development within ten days after the date set for correction in said order. The department of housing preservation and development may take such enforcement action as it deems necessary, including performing or arranging for the performance of work to correct the certified condition.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
§ 27-2017.11 Reporting.
a. Within four months after the close of the first fiscal year that begins after the effective date of the local law that added this section, and within four months after the close of each fiscal year thereafter, the commissioner shall provide to the council a written report on the department's implementation of this article during the preceding fiscal year. Such report shall include, at a minimum, an analysis of the department's program, a detailed statement of revenue and expenditures and a statistical section designed to provide a detailed explanation of the department's enforcement including, but not limited to, the following:
1. The number of complaints for visible mold, indoor mold hazards, and pests in dwelling units, disaggregated by city or non-city ownership of the building which is the subject of the complaint;
2. The number of inspections by the department pursuant to this article, disaggregated by the city or non-city ownership of the building where the inspection occurred;
3. The number of violations issued by the department pursuant to this article;
4. The number of violations issued pursuant to this article that were certified as corrected by the owner, the number of such certifications that did not result in the removal of such violations, and the number of civil actions brought by the department against such owners;
5. The number of jobs performed in which violations issued pursuant to this article were corrected by the department, the total amount spent by the department to correct the conditions that resulted in the violations, and the average amount spent per dwelling unit to correct such conditions;
6. A statistical profile with geographic indexing, such as by community district, council district, and/or zip code, of multiple dwellings in which violations are placed, indicating the ages and general condition of the multiple dwellings and other factors relevant to the prevalence of indoor mold hazards and pests, which may include asthma rates in the relevant community, outstanding violations, and emergency repair charges; and.
7. The number of trainings conducted for owners and building maintenance personnel on the appropriate work methods for controlling and removing indoor allergen hazards in rental housing.
b. The department of health and mental hygiene shall annually prepare and publically post on the Environmental and Health Data Portal a statistical profile on asthma rates in the population, including asthma-related hospitalizations and asthma-related emergency department visits, city wide and by neighborhoods, based on the most recently available data. These data shall be utilized by the department to target intervention efforts to reduce the prevalence of asthma allergens.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
§ 27-2017.12 Waiver of benefit void.
a. No owner may seek to have an occupant of a dwelling unit waive the benefit or protection of any provision of this article. Any agreement by the occupant of a dwelling unit purporting to waive the benefit or protection of any provision of this article is void. Any owner who violates this section, or the rules promulgated hereunder, shall be guilty of a misdemeanor punishable by a fine of up to five hundred dollars or imprisonment for up to six months or both. In addition, any owner who violates this section shall be liable for a civil penalty of not more than five hundred dollars per violation.
b. Notwithstanding any other provision of this article, nothing herein shall be construed to alter existing or future agreements which allocate responsibility for compliance with the provisions of this article between a tenant shareholder and a cooperative corporation or between the owner of a condominium unit and the board of managers of such condominium.
c. The provisions of this article, other than section 27-2017.10, shall not apply to a dwelling unit in a multiple dwelling where (i) title to such multiple dwelling is held by a cooperative housing corporation or such dwelling unit is owned as a condominium unit, and (ii) such dwelling unit is occupied by the shareholder of record on the proprietary lease for such dwelling unit or the owner of record of such condominium unit, as is applicable, or the shareholder's or record owner's family.
d. The provisions of this article shall not apply to dwelling units owned and operated by the New York city housing authority.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
§ 27-2018.1 Notice of bedbug infestation history.
a. For housing accommodations subject to this code, an owner shall furnish to each tenant signing a vacancy lease, a notice in a form promulgated or approved by the state division of housing and community renewal that sets forth the property's bedbug infestation history for the previous year regarding the premises rented by the tenant and the building in which the premises are located.
b. Upon written complaint, in a form promulgated or approved by the division of housing and community renewal, by the tenant that he or she was not furnished with a copy of the notice required pursuant to subdivision a of this section, the division of housing and community renewal shall order the owner to furnish the notice.
c. An owner of a multiple dwelling shall (i) provide each tenant, upon commencement of a new lease and with each renewal lease, or (ii) post, in a prominent public location within such multiple dwelling the following:
1. a copy of the most recent electronic form submitted pursuant to subdivision a of section 27-2018.2; and
2. a notice, in a form promulgated or approved by the department of health and mental hygiene, that provides information about the prevention, detection and removal of bedbug infestations.
(Am. L.L. 2017/069, 5/10/2017, eff. 11/6/2017)
§ 27-2018.2 Reporting bedbug infestations.
a. An owner of a multiple dwelling shall annually report to the department, on an electronic form established by the department, the following information about such multiple dwelling:
1. The street address;
2. The number of dwelling units;
3. The number of dwelling units, as reported or otherwise known to the owner, that had a bedbug infestation during the previous year;
4. The number of dwelling units, as reported or otherwise known to the owner, in which eradication measures were employed during the previous year for a bedbug infestation;
5. The number of dwelling units reported in paragraph 4 that had a bedbug infestation after such eradication measures were employed in such units; and
6. If such form is given to each tenant within such multiple dwelling, a certification that a copy of such form was distributed to each tenant of such building upon each lease renewal or the commencement of a new lease issued since the previous filing with the department of such form.
b. If such form is posted in a prominent location within the building, an owner of a multiple dwelling shall maintain a record that a copy of such form was prominently posted within 60 days of the filing of the information with the department.
c. An owner of a multiple dwelling who has submitted a report to the department pursuant to subdivision a of this section may, at any time, submit an amended version of such report to reflect changes to such information.
d. Owners of multiple dwellings shall attempt to obtain the bedbug infestation history for the previous year for each dwelling unit from the tenant or owner, including whether eradication measures were employed during the previous year for a bedbug infestation.
e. The department may establish staggered reporting cycles by rule for owners required to comply with subdivision a of this section.
f. For each multiple dwelling, the department shall make the information contained in the most recent electronic form submitted pursuant to subdivision a of this section, including the date such form was submitted, publicly available on its website no later than 30 days after receipt of such form.
(L.L. 2017/069, 5/10/2017, eff. 11/6/2017)
Questions and answers:
What is Local Law 55?
Local Law 55 requires all multiple-dwelling property owners in NYC to investigate and remove all indoor health hazards which trigger asthma, like mold, rodents, and cockroaches. Landlords must also apply safe and successful measures to ensure that their properties remain free of indoor health hazards.
What do I need to do now?
As a landlord, you have two primary calls to action for compliance with Local Law 55: investigate and remediate.
Let’s explore what each of these steps entails.
- You’ll need to initiate an investigation by a licensed professional for all indoor allergen hazards in occupied units and in common areas of your building(s), as well as conditions that are conducive to allergen hazards. Indoor allergen hazards include indoor infestations of cockroaches, mice or rats; or conditions that are vulnerable to infestations of these pests. It also includes mold that is growing on an indoor surface, building structure, ventilation system, or within wall cavities; and mold that is hidden behind interior obstructions and furniture.
- You must take responsible measures to keep your property free from indoor allergen hazards and pests, and from conditions that are conducive to indoor allergen hazards. You will also need to eradicate any existing indoor allergen hazards or conditions that are conducive to indoor allergen hazards.
How often do I need to investigate for indoor allergen hazards?
According to Local Law 55, you are required to initiate an investigation once a year. You must also perform an investigation whenever it is deemed necessary, such as when an occupant complains about a condition that may cause an indoor allergen hazard, when an occupant requests an inspection, or when the DOB issues a notice of violation or violation order.
Do I need to inform my tenants about the specifications of Local Law 55?
When the new law takes effect, you will need to include a notice about your obligations for compliance with Local Law 55 in all tenant leases. This notice must be approved by the DOB and must be available in multiple languages.
How can I protect my property from pests?
To comply with Local Law 55, your building(s) must be effectively sealed from pests, including rodents and cockroaches.
Here’s how to ensure your property stays pest-free:
- Repair and seal any existing holes, gaps or cracks in walls, ceilings, floors, moldings, base boards, around pipes and conduits, or around and within cabinets. To effectively remove these possible points of entry for pests, use durable materials such as sealants, plaster, cement, wood or escutcheon plates.
- Attach door sweeps to doors leading to a hallway, basement, or outside the building to reduce gaps to no more than one-quarter inch.
Violations for noncompliance
The DOB is cracking down hard on landlords who are not compliant with Local Law 55.
The presence of visible mold that is less than 10 square feet in a single room of a dwelling will constitute an indoor mold hazard violation. Mold that measures between 10 square feet and 30 square feet in a single room will constitute a hazardous violation.
Penalties for violations vary according to incidence and can be as steep as $10,000 per violation. As mentioned, any incidence of indoor allergen hazards must be corrected. Certification of Correction by licensed professionals must be obtained and promptly submitted to the DOB.
How can I correct a mold violation?
If your inspection reveals the existence of mold in your building, you’ll need to take immediate steps to correct it so that you’re not issued a violation. But you can’t just call down any mold specialist to zap that stuff off your walls; the HPD has very specific criteria for who can perform a remediation for mold.
According to Local Law 55, a mold hazard must be assessed and remediated by both a NYS licensed Mold Assessor and a NYS licensed Mold Remediator.
You will need to perform an investigation annually and you may need to remediate several times a year as well. It is therefore a good idea to have one or more of your maintenance staff receive certification as a Mold Assessor and a Mold Remediator.
How can I prevent mold from growing in my building?
Local Law 55 is especially challenging for landlords. After all, they’re expected to control the growth and spread of mold, an allergen hazard that often grows out of sight.
You can help prevent the growth of mold with these simple steps:
- Educate your tenants about moisture intrusion and mold-related practices.
- Use a Relative Humidity (RH) meter and thermal imaging to assess the levels of RH in your building. Keep the RH below 60% as that is the point at which mold is likely to grow and spread.
- Repair any envelope leaks in your building promptly.
The latest amendment to the NYC compliance code means more obligations for you as a landlord, but don’t sweat it! Here at Jack Jaffa & Associates, we’ve got you covered. Call or stop by to learn how we can help you comply with Local Law 55.
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