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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!