New York Tenant Rights: Mold Problems in Rental Units

Dealing with mold in your New York rental can be a serious concern, affecting both your health and your right to safe housing. Understanding your tenant rights and your landlord’s obligations is key if you encounter mold or other habitability issues in your apartment. This guide covers how New York law protects renters, what to do if you find mold, and where to get official help.

Your Right to Safe and Healthy Housing

In New York, landlords are required by law to provide rental housing that meets basic health and safety standards. This is known as the warranty of habitability. Under this legal principle, your landlord must ensure your rental remains free from hazardous conditions, including excessive mold. The New York State Real Property Law § 235-b guarantees this right to all tenants.^[1]

What Causes Mold, and Why It Matters

Mold is often caused by excess moisture, leaks, or poor ventilation. Not only is it unsightly, but mold can trigger allergies, asthma, and other health problems, especially for children or those with compromised immune systems.

Landlord Responsibilities for Mold in New York

New York law requires your landlord to make repairs promptly when the habitability of your rental is compromised. This includes:

• Fixing leaks or water problems causing mold
• Removing mold growth below ten square feet (for extensive issues or hazardous mold, professional removal may be required)
• Providing a written notice if your rental is in New York City and certain mold work will occur (see forms below)

If your landlord fails to act after being notified of unsafe mold conditions, you have options for further action. Always document your requests in writing.

Steps to Take If You Discover Mold

If you find mold in your apartment or common areas, protect yourself and act quickly:

• Notify your landlord or property manager in writing, including photos if possible
• Keep copies of all communications and responses
• Give your landlord a reasonable amount of time to address the problem
• Contact local housing inspectors or file a complaint if repairs aren’t made

In New York City, you may contact the NYC Department of Housing Preservation and Development (HPD) to report unresolved mold or water leaks. Outside of NYC, reach out to your local code enforcement or health department.

Relevant Forms for Mold Complaints in New York

• HPD Online Tenant Complaint (NYC only)
  When to use: If your landlord has not fixed mold or water leak problems after you’ve notified them.
  How to use: Submit an official complaint online via the NYC HPD Tenant Complaint Form. Example: If you reported a persistent bathroom leak and saw black mold spread, but your landlord has not responded, file this form for NYC inspection.
• Notice of Mold Remediation Work (NYC DEP - Form DOB NOW: Safety)
  When to use: For significant mold remediation (over 10 square feet) in NYC, contractors are required to file a notice.
  How to use: While this is typically handled by a contractor or your landlord, you may ask for a copy to confirm the process is official. Details and form found at the NYC Department of Environmental Protection: Mold Abatement.

The Role of the Tribunal: New York State Courts

Mold and repair disputes in New York are handled through the Housing Court for NYC and local courts in other counties. Tenants may start a case if repairs are not completed, sometimes known as an "HP action" in NYC. Learn more at the official NYC Housing Court page.

Can I Withhold Rent for Mold Problems?

Withholding rent is possible in some cases if your landlord fails to provide a habitable home, but you must use caution. In New York, you should typically pay your rent and take legal action through a Housing Court repair procedure. Withholding rent may lead to eviction proceedings, so seek legal advice from the resources below before taking this step.

FAQ: Dealing with Mold in New York Rentals

1. What should I do first if I discover mold in my New York apartment?
   Notify your landlord in writing, describe the problem, and include photos. Keep a record of your request.
2. How long should my landlord take to fix mold problems?
   Landlords must address conditions that threaten habitability as soon as possible, usually within a reasonable time depending on the severity (typically a few days for serious leaks or mold).
3. Can I get my rent reduced because of mold?
   You may request a rent abatement through Housing Court if mold seriously impairs your use of the apartment, but don’t stop paying rent unless advised by a court.
4. Who handles mold complaints officially in New York City?
   The NYC Department of Housing Preservation and Development (HPD) investigates mold complaints in residential buildings.
5. Does New York State have specific mold laws for landlords?
   New York’s Real Property Law and local health codes require landlords to promptly repair water leaks and hazardous conditions, including mold under the warranty of habitability.

Need Help? Resources for Renters

• NYC Housing Court – File repair actions or get court help
• NYC HPD Tenant Complaint – File a complaint for mold or leaks
• NY Attorney General – Housing Issues
• NYC Department of Environmental Protection – Mold Abatement
• For renters outside NYC: Contact your local building department or code enforcement office

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1. [1] Read about the New York State Real Property Law § 235-b (Warranty of Habitability).
2. Notice of Rights for NYC Tenants (HPD)
3. NYC Mold Abatement Law and Forms - DEP
4. New York City Housing Court

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