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.
No federal law on Mold-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.
Published by: Bradford Miller Law, P.C.
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