NYS Mold Laws

New York Assembly Bill A01466 (2011)

Introduced in January of 2011, Assembly Bill A01466 is titled “An act to amend the public housing law, the public health law, and the real property law, in relation to the remediation and prevention of indoor mold and requiring the disclosure of indoor mold history upon the sale of certain real property.”

The bill is intended to set standards and practices for the handling of indoor mold in both real property and public housing. It includes three major specific provisions:

  • Section 1 amends the public housing law by adding section 16-a, which directs and authorizes the commissioner to create procedures for the remediation and prevention of mold.
  • Section 2 amends the public health law by adding article 48-A, which authorizes the commissioner to publicize standards in the detection, prevention, and remediation of indoor mold within environments subject to the rules of the department.
  • Section 3 amends subdivision 2 of section 462 of the real property law, as added by chapter 456 of the laws of 2001, by adding questions 19-a and 19-b, which pertain to indoor mold, to the Property Condition Disclosure Statement.

New York Public Health Law Section 1384 (2005)

Article 13, Title 11-A, Section 1384 of the Laws of New York was passed in 2005.  The law formed the New York Toxic Mold Task Force with the following duties:

(a) assess, based on scientific evidence, the nature, scope and magnitude of the adverse environmental and health impacts caused by toxic mold in the state;

(b) measure, based on scientific evidence, the adverse health effects of exposure to molds on the general population, including specific effects on subgroups identifiable as being at greater risk of adverse health effects when exposed to molds;

(c) identify actions taken by state, and local governments, and other entities;

(d) assess the latest scientific data on exposure limits to mold in indoor environments;

(e) determine methods for the control of mold in a cost-effective and environmentally sound manner and identify measures to mitigate mold; and

(f) prepare a report to the governor and the legislature that assesses the current body of knowledge on toxic mold, provides the status of toxic mold in the state, and assesses the feasibility of any further actions to be taken by the legislature or state agencies as recommended by the task force.”  (footnote 1)