Indoor Allergen Hazards

Indoor Allergen Hazards

Mold, Mice, Cockroaches, and Rats

Under current New York State law (Labor Law Article 32), an owner or agent who hires a third party to conduct mold assessment and remediation must hire licensed mold contractors. Licensed mold contractors are required to adhere to the minimum work standards outlined below. 

Please note that mold assessors and mold remediators cannot work under the same contracting firm. They are required to be independent from one another. 

Property owners who do not hire a third party are strongly advised to follow the NYC Department of Health and Mental Hygiene's Mold Guidelines to ensure proper remediation and minimize health concerns for workers and tenants related to mold conditions and violations.

Be advised that as of January 1st, 2019, Local Law 61 of 2018 establishes filing requirements for mold contractors that carry out mold assessment and mold remediation for buildings that contain 10 or more dwelling units or are located on a zoning lot that contains 25,000 or more square feet of non-residential floor area, where the work to be performed involves working in project areas with mold greater than or equal to 10 square feet of mold. Under this law, licensed mold contractors are required to provide the property owner with filing receipts as proof that the proper documents, under Article 32 of the New York State Labor Law, were filed.

These forms can be found by visiting the New York City Department of Environmental Protection's Air Pollution page under the Mold Abatement section. Mold contractors must complete the background information on the mold project before they are prompted to submit the relevant forms. Upon receipt of the filing, an email will be sent to the mold assessor and mold remediator affirming that their respective filings have been received. Mold contractors are required to provide the property owner with the filing receipt.

This filing requirement is not required for multiple dwellings under 10 units; irrespective of the size of the mold area.

For a multiple dwelling that is covered under Local Law 61 of 2018, where a violation has also been issued, the property owner is required to provide the following documents to the licensed mold contractors: 

Property owners are further advised that under Local Law 55 of 2018, an owner of a multiple dwelling(s) will be required to:

  • Annually inspect units for indoor allergen hazards, such as mice, cockroaches, rats, and mold;
  • Provide an annual notice and the Local Law 55 fact sheet to prospective and current tenants at the time of lease renewal. This pamphlet informs the household of the owner’s obligation to do the following:
    • a required annual inspection of each dwelling unit; and
    • remediate mold, pests, and underlying conditions that cause mold and attract pests.
  • Use integrated pest management to address pest infestations, and;
  • Use the prescribed safe work practices to fix mold and underlying defects (such as leaks).
You are encouraged to read Local Law 55 of 2018 to learn more about your responsibilities under the legislation. 

For violations issued prior to January 19th, 2019, please use the Affidavit of Mold Assessment and Remediation

Safe Work Practices for Mold Remediation

Pursuant to Administrative Code §27-2017.9 of Local Law 55 (2018), some of the required work practices for the remediation of mold include:

  • Investigating and correcting any underlying defects, including moisture or leak conditions;
  • Minimizing the dispersion of dust and debris from the work area to other parts of the dwelling unit;
  • Using HEPA vacuum-shrouded tools or a vacuum equipped with a HEPA filter at the point of dust generation;
  • Cleaning mold with soap or detergent and water;
  • Cleaning any remaining visible dust from the work area using wet cleaning methods or HEPA vacuuming.

Violation Issuance

Violations will be issued as follows.

Class A:

  • Less than ten square feet in a room within a dwelling unit;
  • Less than thirty square feet or fifty square feet in the aggregate found in any one level of a hallway or a common area.

Class B: 

  • Ten square feet to twenty-nine square feet in a room within a dwelling unit;
  • Equal to or great than thirty square feet or fifty square feet in the aggregate at any one level of the hallway or the common areas. 
Class C: 
  • Great than or equal to thirty square feet in a room within a dwelling unit.
When submitting certifications for mold violations, you must complete the relevant Certification or Correction for Mold: 

Property owners use the Finalizing Your Mold Certification Documents guide to learn more about what documents are required to finalize the certification process. 

Corrections and Certification Timeline

To find licensed mold contractors in your area, use the NYS Department of Labor's Licensed Mold Contractors Search Tool

The Correction Date for the violation types are as follows: 

  • Class A: 90 days
  • Class B: 30 days
  • Class C: 21 days
The Certification Date is five from days from the Correction Date.

Pest Infestations

Pursuant to Administrative Code §27-2017.8 of Local Law 55 (2018), property owners have an obligation to maintain their properties free of pests.

Property owners must use integrated pest management practices to remediate the presence of pests. Any dwelling unit or common area found to have mice, rats, and/or cockroaches will result in a “Class C” violation. All other pest infestations will result in a “Class B” violation.

Required integrated pest management practices include:

  • Inspecting for, and physically removing pest nests, waste, and other debris by High-Efficiency Particulate Air (HEPA) vacuuming;
  • Eliminating points of entry and passage for pests by repairing and sealing any holes, gaps or cracks in an apartment using durable material such as sealant and plaster;
  • Eliminating sources of water for pests by repairing plumbing materials that accumulate water or leak.

When certifying a correction for pest violation(s), you must complete the Certification of Correction for Pests.

To learn more about the required integrated pest management practices, you can read HPD’s Guide to Local Law 55 of 2018 – Integrated Pest Management Practices for Mice, Cockroaches, and Rats.

Please note: Pursuant to Administrative Code §27-2017.8 of Local Law 55 (2018) any pesticide applied to eradicate the presence of pests must be applied by a pest professional licensed by the New York State Department of Environmental Conservation (DEC).

Adopted Rules

Additional Resources