Real Estate Transactions and Mold
New York State Law
In New York State there is strict enforcement for businesses that offer mold-related services. The goal of NYS Mold Law is to protect the consumer in all situations. Specifically, as of January 1, 2016, New York state’s Labor Department now enforces Article 32 of the labor law called the “Mold Program.” This law regulates who can perform mold-related work.
Consumers are protected in a number of ways. Here is a quick synapses: (a) mold contractors must be trained, (b) mold contractors must hold appropriate licenses, and (c) mold assessment services cannot be provided by the same contractor who provides the mold remediation (cleanup) service.
What is Mold?
Mold is multi-cellular fungi and is found everywhere, people are exposed to mold spores in their homes daily. Mold releases spores into the air. The presence of harmful mold means there is excessive moisture, therefore the key is to control moisture and have proper ventilation. For example, leaking pipes, roofs, and other water damage breeds mold behind shower walls, crawl spaces, or other damp areas. There may be hidden areas of mold like in air conditioning ducts.
Is Mold Harmful?
Mold can cause many health effects. For some people, mold can cause a stuffy nose, sore throat, coughing or wheezing, burning eyes, or skin rash. People with asthma or who are allergic to mold may have severe reactions. Immune-compromised people and people with chronic lung disease may get infections in their lungs from mold.
There is always some mold around. Molds have been on the Earth for millions of years. Mold can get in your home through open doors, windows, vents, and heating and air conditioning systems. Mold in the air outside can be brought indoors on clothing, shoes, bags, and even pets.
Mold will grow where there is moisture, such as around leaks in roofs, windows, or pipes, or where there has been a flood. Mold grows on paper, cardboard, ceiling tiles, and wood. Mold can also grow in dust, paints, wallpaper, insulation, drywall, carpet, fabric, and upholstery.
Does NYS require Homeowners to Clean Up Mold?
No. New York State law says that homeowners do not need to do anything about mold. These decisions can impact a real estate transaction because home buyers want proof of a healthy home. Lenders may also require mold assessment to qualify for mortgages. Mold contractors in New York State, however, are required to report on findings and give the information to their client.
Correcting Mold Issues?
Homeowners may do their own remediation without a license. According to InterNachi, if the moldy area is less than roughly a 3-foot by 3-foot patch, the homeowner can usually do the cleanup.
But a proper mold assessment gives the homeowner valuable information. A mold assessment includes a visual inspection and moisture meter, and a documented remediation plan, including clear criteria that must be met that indicates the cleanup is complete. After remediation or cleanup (by a separate contractor), the mold assessor returns for a post-remediation assessment. The criteria set forth in the plan must be met.
Mold Sampling is Rarely Helpful
Since mold is found everywhere, and there are many forms of mold, there is a good chance that mold will be found. Therefore, a better approach is to look for signs of moisture and identify places with little or no air movement; areas that breed mold. Also, there are no national or New York State standards for comparing levels of mold, so there would be no consensus about proper levels of mold.