How to Prove Your Landlord Falsely Certified a NYC Mold Fix
Your building owner told HPD that the mold is gone. You got a letter saying the problem was fixed. But the mold is still on your wall. The leak is still dripping. Nothing has changed.
This happens more often than many renters think. A lab report that has spore numbers after work is the quickest way to show the certification is not true. This can also help you keep your case open in housing court.
What Happens When Your Landlord Certifies a Mold Fix
After HPD gives you a mold notice, your building owner has a set time to solve the problem and turn in a Certification of Correction. For Class C mold, there are 21 days. For Class B, there are 30 days. For Class A, there are 90 days.
The certification is a signed statement. Your landlord signs it under oath and says the work is done.
For buildings that have 10 or more units, Class B and C mold problems need two NYS-licensed companies. One company will do the assessment. A different company will handle the cleanup. These two must not be the same and have to work on their own under Admin Code § 24-154.
When HPD gets the certification, the agency sends you a notice. You can call or mail if you want to say something about it. If you do, HPD will send someone to look at it again.
For most types of these issues, if no one questions them and if HPD does not check, the case will close by itself after 70 days. Class B and C mold problems work differently. They can't be closed by the 70-day rule. A finished reinspection is needed before you can close them. That's your starting point.
HPD Finds 30% of Audited Certifications Are False
HPD has to check at least 15% of all Class C certifications each year under Local Law 117. In FY22, HPD looked at 18% of Class C certifications because there were not enough workers. Out of the audits done, 30% were not true.
About one out of every three landlords said they finished the fix, but the work was not done. In FY21, this false rate was at 32%.
Even though those numbers are there, HPD started just 40 housing court cases for false certification in FY22. The total money taken from all 40 cases was $21,950. If you do the math, that is not much for landlords.
In 2023, the city made Local Law 71. This law started the Certification Watchlist, which lets people know about repeat offenders. That program checks just 100 buildings each year.
The system works when tenants speak up. If you do not say anything, a false certification may go away without anyone knowing.
Lab Results Are the Strongest Way to Challenge a False Mold Certification
When you call HPD to check, someone from the housing team will come back. If you can see mold, the problem stays open. But if the person who owns the place painted over it, the person checking might not find any problem.
This is why lab testing is important. A post-fix air quality test checks the number of spores inside and compares it to the air outside. If there are still high levels after they say the work is finished, the job cannot be approved.
This is even more true when the main problem is still there. A person who just puts paint on top of mold, but does not stop the leak inside the wall, has not fixed the real issue. Outside moisture from brick wall damage is one of the top sources that get missed during an inspection. The mold shows up again in only a few weeks.
A lab report can give your housing court judge two things that you cannot get from just looking at the place. The judge will know what kind of mold is still there and how much mold is in the air compared to outside. This information helps turn your words against what the other side says into clear facts.
If you have air quality results from before the fix, you can also do a second test after the fix. This way, you will have results from both before and after the fix. It is hard for people to argue with these results if you need to go to court.
How to Challenge a False Certification
Get back to the HPD notice as soon as you get it. Call 311, or send your challenge by mail to the Code Enforcement office listed on the notice. Say that the problem is still there.
Get an air quality test done before HPD sends someone to check. If you have a lab report ready before they come back, you will have proof. This is good even if their visit takes longer to happen or if the mold is under new paint.
Bring the lab report with you to your HP Action hearing. If you have not started a case yet, you can file one in housing court to make sure repairs get done. Your lab results against landlords are strongest when you also have proof of the false certification timeline.
Ask about how the violation can move up a level. Under Local Law 55, if a Class A mold violation is listed the wrong way, it goes up to Class B. If a Class B is listed the wrong way, it goes up to Class C. Each step up has a shorter deadline.
How long do I have to challenge a certification of correction?
HPD does not say there is a set time for when you must challenge, but you should act fast when you get the notice. Try to do it in the first few days. HPD has 70 days after they get the challenge to do another check. If there are Class B or C mold problems, this check needs to happen before the issue can be closed. So, you have some built-in help, but it is still important to move quickly.
Can a false certification help my rent abatement case in housing court?
Yes. A false certification tells the court that your landlord knew there was a problem. It shows that your landlord said he fixed it, but did not. Judges often see this as a sign of bad faith. In NYC housing courts, people have gotten rent cuts of around 30 to 60 percent for big habitability problems. A clear record of a false certification can help you get a rent cut on the higher side of that range.
What is the Certification Watchlist and does it help tenants?
The Certification Watchlist is a city program set up under Local Law 71 of 2023. It points out buildings where the owner has put in four or more wrong certifications in one year. Once a building is on this list, HPD has to check every later unsafe certification and go back at least two times to look again. If your building is on this list, the owner cannot just send in a certification and move on without any more checks.
A Sworn Statement Is Not the Same as a Completed Repair
Your landlord might sign a form. But this does not show that mold is gone. It just means they say it is. If you smell mold or feel bad in your apartment, it will not go away by just signing some paper. Lab results can show the truth. This helps keep the problem open and your case keeps going.
Fast Mold Testing offers air quality tests after repair for NYC apartments. The tests come with results from an accredited lab.