Can I Take Legal Action Against My Landlord for Mold in New York?

Find out how New York law protects tenants from mold hazards

Finding an apartment in New York is notoriously difficult. But what happens when you finally settle into a place you can call home, only to discover it’s infested with mold? 

For many New Yorkers, living with mold is an unfortunate reality.

While most landlords strive to maintain safe and healthy living conditions, some fall short, leaving tenants to deal with the consequences of mold infestation. This comprehensive guide explores the legal avenues available to tenants in New York who find themselves battling mold issues in their rental properties.

Is mold harmful?

Mold, which includes more than 100,000 different species of fungi, exists almost everywhere in our environment, usually in a dormant state that poses minimal risk. These spores require moisture to activate and can germinate and grow when exposed to water or high humidity—often at levels as low as 65 percent. Increases in temperature can further accelerate the growth of active mold.

The Centers for Disease Control and Prevention (CDC) points out that while molds are not inherently toxic or poisonous, some types are “toxigenic,” meaning they produce harmful fungal toxins that can provoke severe reactions in both humans and animals, even in small quantities. 

Mold varieties are generally divided into three categories:

• Allergenic: Unlikely to cause serious illness but may trigger allergic reactions.
• Pathogenic: Can cause infections, particularly in individuals with weakened immune systems.
• Toxigenic: These molds are harmful and can affect all who come into contact with them, causing serious health issues.

The United States Environmental Protection Agency (EPA) notes that exposure to mold can lead to asthma attacks in individuals who are allergic and can also cause irritation to the eyes, skin, nose, throat, and lungs. More severe reactions, such as acute idiopathic pulmonary hemorrhage among infants, memory loss, and lethargy, have not been conclusively linked to mold exposure. Research in this area is ongoing.

Is my landlord required to remove mold from my apartment in New York?

In New York, the responsibility for mold removal in an apartment often hinges on the source of the mold and the severity of the infestation. As a tenant, you’re expected to maintain a clean living environment, paying special attention to moisture-prone areas like bathrooms and kitchens. It’s generally your responsibility to clean up small amounts of mold.

However, if mold growth is persistent, or if you discover underlying issues such as water leaks or damage that contribute to the mold, the situation escalates beyond normal cleaning responsibilities. In such cases, it’s important to inform your landlord or superintendent and request an inspection and necessary repairs.

Under New York’s warranty of habitability, which is implicit in every residential lease, tenants are entitled to a livable, safe, and sanitary apartment. No lease can legally waive this right. Critical failures that breach this warranty can include:

• Lack of heat or hot water,
• Insect infestations, and
• Significant mold problems due to structural or maintenance neglect.

If your landlord fails to address a mold issue that affects the apartment’s livability, especially after you have reported the issue, you have the right to pursue legal action.

Can I sue my landlord if they refuse to remove mold from my rental unit?

You can sue your landlord if you suffered damages as a result of mold exposure. To successfully sue your landlord, you’ll need to establish the following:

1. You requested that your landlord fix the mold issue,
2. Your landlord failed to fix the mold issue in a reasonable amount of time (typically 30 days for non-emergencies), and
3. You suffered damages as a result of your landlord’s failure.

Establishing the third element is typically the most difficult.

Proving a direct link between the alleged mold exposure in your rental unit and a specific health problem is challenging for several reasons, including:

• Health problems can be caused by multiple factors: Health problems can arise due to various factors such as pre-existing medical conditions, environmental factors, or genetics. It can be extremely difficult to isolate mold exposure as the sole or primary cause of a specific health issue.
• Testing is expensive: Without paying for costly testing, it can be extremely difficult to prove that the mold in your apartment is toxigenic.
• Mold produces common symptoms: Many symptoms associated with mold exposure, such as coughing, sneezing, or headaches, are also common symptoms of other conditions, such as allergies or viral infections. This overlap can make it difficult to pinpoint mold as the primary cause of your health problems.
• People are exposed to multiple mold sources: Mold is a natural part of our environment and can be found both indoors and outdoors. Proving that the mold in your apartment is the sole cause of your health issues can be difficult, especially if you have been exposed to mold from other sources.

Identifying and preventing mold growth

The first step in preventing mold in your rental unit is to control the sources of moisture. Mold spores can proliferate on any surface that provides enough moisture.

According to the New York State Department of Health, common sources of moisture include:

• Roof and plumbing leaks: Regularly check for and repair any leaks in your home’s roofing or indoor plumbing systems.
• Outdoor drainage issues: Ensure that your home’s exterior has proper drainage to prevent water accumulation near the building’s foundation.
• Damp basements and crawl spaces: These areas should be kept well-ventilated and dry.
• Steam from cooking and bathing: Use exhaust fans in your kitchen and bathroom to reduce humidity levels.
• Condensation: This often occurs on cool surfaces such as windows and pipes, so it’s important to increase circulation in these areas.
• Home appliances: Ensure that clothes dryers and other appliances are properly vented outdoors rather than indoors.
• Poor ventilation: Improve air flow in your home by using fans and keeping doors between rooms open.

Mold is not always overtly visible but can often be detected by a musty smell. Here are some tips to identify mold:

• Visual inspection: Look for fuzzy, discolored, or slimy patches on surfaces. Mold often appears in varying shades and might increase in size as it grows.
• Odor detection: Mold typically produces a musty odor, which can be a primary indicator of a hidden mold problem.
• Check hidden areas: Mold can grow behind and underneath surfaces such as carpets, wallpaper, cabinets, and walls. Use a flashlight and inspect these areas closely, especially where you notice water staining or warping.

Living with mold is not just unpleasant; it can be harmful. Knowing your rights and responsibilities as a tenant is crucial in maintaining a healthy living environment. If you face a mold issue in your New York rental, take swift action by notifying your landlord, documenting the problem, and, if necessary, pursuing legal action to ensure that your home remains a safe place for you and your family.