http://www.nolo.com/legal-encyclopedia/mold-rentals-landlord-liability-responsibility-prevention-30230.html
Landlord Legal Responsibilities for Tenant Exposure to Mold
With a few exceptions, landlord responsibilities regarding mold have not been clearly spelled out in building codes, ordinances, statutes, or regulations. Below is a discussion of the few states and cities that do have mold laws, and an explanation of how landlords can be held responsible for mold problems even absent specific laws governing mold.
Federal Law on Mold
No federal law sets permissible exposure limits or building tolerance standards for mold in residential buildings.
State Laws on Mold
Only a few states have taken steps toward establishing permissible mold standards. California, Indiana, Maryland, New Jersey, and Texas are among the few that have passed laws aimed at developing guidelines and regulations for mold in indoor air.
For example, California's "Toxic Mold Protection Act of 2001" authorizes the state's Department of Health Services (now called the Department of Health Care Services) to set permissible levels of indoor mold exposure for sensitive populations (like children, or people with compromised immune systems or respiratory problems). The California law also allows the DHCS to develop identification and remediation standards for contractors, owners, and landlords and requires landlords to disclose to current and prospective tenants the presence of any known or suspected mold. For a preliminary report on the implementation of the Act, see the [url=http://www.cdph.ca.gov/programs/IAQ/Documents/SB732-LegReport-Final.pdf]DHS 2005 Report to the California Legislature, Implementation of the Toxic Mold Protection Act of 2001[/url].
Local Laws on Mold
A few cities have enacted ordinances related to mold. For example:
New York City. Landlords in New York City must follow [url=https://www.health.ny.gov/environmental/air_quality/]Department of Health[/url] guidelines for indoor air quality.
San Francisco. In San Francisco, mold is considered a legal nuisance, putting it into the same category as trash accumulation or an infestation of vermin. Tenants (and local health inspectors) can sue landlords under private and public nuisance laws if they fail to clean up serious problems. For details, check the [url=https://www.sfdph.org/dph/default.asp]San Francisco Department of Public Health[/url]website.
http://www.nolo.com/legal-encyclopedia/mold-rentals-landlord-liability-responsibility-prevention-30230.html
Landlord Legal Responsibilities for Tenant Exposure to Mold
With a few exceptions, landlord responsibilities regarding mold have not been clearly spelled out in building codes, ordinances, statutes, or regulations. Below is a discussion of the few states and cities that do have mold laws, and an explanation of how landlords can be held responsible for mold problems even absent specific laws governing mold.
Federal Law on Mold
No federal law sets permissible exposure limits or building tolerance standards for mold in residential buildings.
State Laws on Mold
Only a few states have taken steps toward establishing permissible mold standards. California, Indiana, Maryland, New Jersey, and Texas are among the few that have passed laws aimed at developing guidelines and regulations for mold in indoor air.
For example, California's "Toxic Mold Protection Act of 2001" authorizes the state's Department of Health Services (now called the Department of Health Care Services) to set permissible levels of indoor mold exposure for sensitive populations (like children, or people with compromised immune systems or respiratory problems). The California law also allows the DHCS to develop identification and remediation standards for contractors, owners, and landlords and requires landlords to disclose to current and prospective tenants the presence of any known or suspected mold. For a preliminary report on the implementation of the Act, see the [url=http://www.cdph.ca.gov/programs/IAQ/Documents/SB732-LegReport-Final.pdf]DHS 2005 Report to the California Legislature, Implementation of the Toxic Mold Protection Act of 2001[/url].
Local Laws on Mold
A few cities have enacted ordinances related to mold. For example:
New York City. Landlords in New York City must follow [url=https://www.health.ny.gov/environmental/air_quality/]Department of Health[/url] guidelines for indoor air quality.
San Francisco. In San Francisco, mold is considered a legal nuisance, putting it into the same category as trash accumulation or an infestation of vermin. Tenants (and local health inspectors) can sue landlords under private and public nuisance laws if they fail to clean up serious problems. For details, check the [url=https://www.sfdph.org/dph/default.asp]San Francisco Department of Public Health[/url]website.