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Mold Assessment

Background

  • NYC Local Law 55 of 2018: Requires landlords to investigate and correct mold conditions and the underlying causes in residential properties with three or more units.

  • NYS Mold Program (Article 32, NY Labor Law): Sets licensing requirements for mold assessment and remediation professionals statewide.

What Is a Mold Assessment?

A mold assessment is a comprehensive inspection and evaluation of a property to:

  • Identify visible mold growth.

  • Detect water intrusion sources.

  • Assess the extent and cause of the mold problem.

  • Recommend remediation strategies.

It does NOT include the removal or remediation of mold—that’s a separate, regulated activity.

Who Can Perform a Mold Assessment?

NYS Law (since January 1, 2016):

  • Only a NYS-licensed Mold Assessor can perform a paid mold assessment.

  • Mold assessors must complete state-approved training and hold an active NYS license.

  • Conflict of Interest Rule: The company that conducts the assessment cannot perform the remediation work (and vice versa).

Search for Licensed Mold Professionals:
NY Dept. of Labor: Find a Licensed Mold Contractor

Steps in a Mold Assessment and Testing

Step 1: Initial Inspection

  • Interview occupants about health symptoms, leaks, water damage, and odors.

  • Visually inspect for mold growth, water staining, and moisture-prone areas (behind walls, under sinks, basements, etc.).

Step 2: Moisture and Humidity Measurements

  • Use moisture meters to check for hidden dampness.

  • Measure relative humidity (ideally, keep indoor humidity below 50%).

Step 3: Air and Surface Sampling (If Needed)

  • Not always required—visual evidence and moisture mapping are usually sufficient.

  • Types of testing:

    • Air Sampling: Measures spores in indoor air versus outdoor baseline.

    • Surface Sampling: Swabs or tape lifts to identify mold types on surfaces.

    • Bulk Sampling: Pieces of material (drywall, insulation) sent to labs.

  • Note: Sampling should be conducted by professionals and interpreted in context; high levels don’t always equal health risk, and low levels don’t guarantee absence of mold.

Step 4: Documentation

  • Detailed report with photos, diagrams, inspection findings, and laboratory results (if applicable).

  • Assessment report should include a remediation work plan if mold is found above threshold levels (typically >10 square feet in NYC).

When Is Mold Testing Required?

  • NYC Local Law 55: Requires investigation of any mold complaints, but not necessarily laboratory testing.

  • NYS Law: Assessment and a written remediation plan are required for projects involving more than 10 square feet of mold contamination.

  • Clearance Testing: After remediation, a new assessment (by a different licensed assessor) must verify mold has been removed and conditions corrected before the area is reoccupied.

What Happens After a Mold Assessment?

  • Remediation Plan: If significant mold is found, the assessor provides a written remediation plan.

  • Remediation Work: Must be performed by a separate, licensed Mold Remediator.

  • Post-Remediation Assessment: After cleanup, the original (or another) licensed Mold Assessor must confirm the work was successful (“clearance”).

Special Notes for Landlords and Property Owners

  • Record Keeping: Keep all assessment, testing, and remediation records for at least 5 years (per NYC law).

  • Notification: NYC landlords must notify tenants prior to remediation and post signs during large-scale work.

  • Annual Inspection: NYC law requires annual inspections for mold and moisture in multifamily dwellings.

Resources & Further Reading

Bottom Line

  • Mold assessments must be performed by licensed professionals.

  • Testing is not always needed, but a thorough inspection is.

  • Strict conflict-of-interest and documentation rules apply.

  • For projects involving more than 10 sq. ft., follow all NYS and NYC laws for assessment, remediation, and clearance.

If you need sample reports, notification templates, or a list of local licensed professionals, just ask!