NYC Air Quality Lab Results Show Mold in Your Apartment: Here's What You Should Do
You got the results and saw high spore counts. There is a name there you had to look up online. Some numbers are marked as higher than they should be. Most people get the same report and feel lost on what to do next.
Your air quality lab results show strong evidence, but they are not a magic button. Where these results fit in the legal steps will say how much power they give you.
What NYC Law Requires Your Landlord to Do About Mold
Every residential lease in New York includes a promise about how the place is kept, under NY Real Property Law § 235-b. The person who owns your place must keep your apartment safe, clean, and fine to live in. No part of your lease can take away that duty.
Local Law 55 of 2018 takes things further. It says that landlords in buildings with three or more apartments have to take care of mold. They also need to fix what causes the mold. If the building has 10 or more units, and mold is over 10 square feet, a licensed NYS mold assessor must check the mold. A different licensed remediator then has to handle the cleanup.
This rule is part of NYC Administrative Code § 24-154. The two companies must not be linked. They have to work apart from each other.
Your air quality lab results let you prove your claim. Without them, your complaint is only your word against what the owner of the property says. When you have results from a certified lab, the HPD inspectors and housing court judges have real proof to work with.
How to Turn Air Quality Lab Results Into a Repair Order
Lab results by themselves do not make you fix a problem. You need to go through a set process to handle them.
Start by giving a written notice to the person who owns your place. You can send an email or letter about the issue. Be sure to mention your air quality findings. Ask for a fix. Tell them where in your apartment the problem is. Say when you first saw it. Share any earlier times you let them know. Using certified mail is best for proof, but a timestamped email can be good, too.
New York courts say that 30 days is a fair amount of time for non-emergency mold repairs. But if the mold is harming your health or you cannot use some rooms, the time for repair is less. Giving written notice to your landlord is what starts the legal process.
If you do not get a response to the notice, file a 311 complaint. In the Bronx, Brooklyn, Queens, Staten Island, and Manhattan, private housing tenants can expect HPD to inspect the place. If you live in NYCHA housing, you may see better results by filing an HP Action in housing court right away.
HPD violations are where your air quality lab results help the most. When HPD gives one, your building owner has to fix things by a set date. They might have to pay fines each day, up to $125. Your lab report shows what is in the air, not only what someone can see during a check.
That difference is important. Before you give your report to HPD or a lawyer, make sure you know how to read your lab results. The kind of mold that is found, and the number of spores compared to the sample from outside, both say how the problem will be ranked.
If the repairs are still not done, you can go to housing court. Ask a judge to order the repairs. You can also try to get a rent abatement.
According to Lorman's New York landlord-tenant law analysis, courts in New York City give 10 to 20 percent off for small issues in a home. For problems that are a bit more serious, the cut is usually about 30 percent. For big problems, the discount can go up to 50 to 60 percent.
Can Air Quality Lab Results Let You Break Your Lease?
Yes, but not without vacating first.
The idea here is called constructive eviction. It happens when the person who rents out your place does not fix big problems. Because of that, your apartment gets so bad that you feel you have to move out.
According to Brick Underground's tenant law reporting, the rules here are tough. A small mold patch does not count. Mold that causes health issues, stays around after you ask for repairs in writing, and stops you from using rooms can count.
Three things have to be true. The mold has to make the place really not livable. You need to give your owner a letter and enough time to fix it.
The third rule surprises most people who rent. You need to move out before you ask for the claim. Move out first, then fill out the papers. If your claim does not work, you still need to pay the rent.
If it works, your lease will end and you do not have to pay any extra fees. You might also get help for your moving costs. But taking this step without a lawyer is a big risk. Legal Services NYC gives free help to tenants with low income in all five boroughs.
Air quality lab results, written notices, and proof that the person who owns your place did nothing help make a much stronger case than photos by themselves.
What Air Quality Lab Results Don't Do
You can't stop paying rent right after you get them. They don't make your building owner do something in one day. They don't take the place of the legal steps listed above.
What they do is move your complaint from the group that can't be proved. As Enjuris's New York landlord-tenant guide says, landlords often say that mold problems are not a big deal or are the renter’s fault. Lab results make a record that no one can change.
In old buildings in the South Bronx, East New York, Harlem, Flushing, and Staten Island’s North Shore, good air quality checks can help get repairs done. Many repairs happen because people have the right air quality papers to show. The NYC mold hotspots guide shows which kinds of buildings and places have the most mold problems in each part of the city.
Frequently Asked Questions
Do I need professional air quality lab results to file an HPD mold complaint?
No. HPD can give out violations after they look at your place. You do not need lab results for this. But, if you get results from a good lab, it can be much harder for your building owner to argue about how bad the issue is. These lab results are strong if your problem goes to housing court.
What if my landlord says I caused the mold?
Your air quality lab results show what is in the air. The question about the source is a different thing. If the mold comes from a plumbing leak, a building problem, or not taking care of the building, your landlord is the one who needs to handle it, no matter what they say.
How long before I can escalate if my landlord ignores a mold complaint?
Courts see 30 days as a good amount of time for non-emergency repairs to get done. You do not have to just sit and wait while those 30 days pass. File a 311 complaint now. This way, HPD can start keeping track of what is going on while you wait.
Can I withhold rent because of mold?
Not on your own. You can use the warranty of habitability as a defense if your landlord takes you to court because you did not pay rent. But if you stop paying before you go to housing court, you could get into trouble. Speak with an attorney first.
The Moment Your Air Quality Evidence Stops Being Dismissable
A landlord may question a photo, say that a spoken complaint did not happen, or say that just wiping down the area solved the problem. Air quality lab results make sure none of these issues can be ignored.
Pair what you find with a written notice to your building owner and also file a 311 complaint. This will help you make a strong record, and the housing court will see it as important.
If you need results that are strong enough for an HPD filing or housing court, book a mold inspection in NYC. You will get lab-certified results in 24 to 48 hours.