NEW YORK CITY’S FIGHT AGAINST ASTHMA

Add this to the growing list of forms, regulations and paperwork required of residential buildings in New York. It’s Local Law 55, passed in 2018, which requires annual reports about the presence of molds, pests and other allergens that cause or exacerbate asthma.

The law sets out rules and procedures for buildings of three units and more to keep apartments and public areas free of indoor allergen hazards, mainly molds and pests. The law is specifically aimed at molds, rodents and cockroaches.

Ira Meister

President and CEO

Matthew Adam Properties Inc.

375 Pearl Street – 14th Floor

New York, NY 10038 imeister@matthewadam.com

(212)699-8900

Procedures include investigating and remediating the allergen hazards and fixing building conditions that may cause or contribute to the growth of molds or pests. Local Law 55 requires visual inspections of all readily accessible areas along with moisture, temperature and infrared camera readings looking for mold, pests and defects such as leaks, moisture and entry points for pests. The reports must be filed with the Department of Housing Preservation and Development (HPD).

The law details five primary requirements:

• Vacant units must be cleared of all visible mold and pest infestations prior to reoccupancy.

• Mandatory annual inspections of all units; buildings must conduct additional inspections in response to resident complaints and violations.

• Buildings must provide an annual notice and Local Law 55 fact sheet to residents.

• A state-licensed mold assessor and remediator is required for 10-plus square feet of mold in a building with more than 10 units.

• Integrated Pest Management (IPM) practices must be used.

IPM is a safer and more effective system that targets and fixes the underlying causes of pest problems, improves building conditions and saves time and money long term. Specifically, the IPM procedures include inspecting and removing pest nests, waste and debris, eliminating sources of water that attract pests by repairing drains, faucets and other plumbing and repairing cracks and sealing entry points for pests.

With toxins and spores floating in air, safe work practices are required during inspection and cleanup, including correcting underlying defects and using properly covered vacuum tools and non-chemical cleaning agents.

Managing agents, boards and landlords are required to provide information to residents about Local Law 55 and how to maintain a healthy environment. A fact sheet prepared by HPD advises steps for tenants. They are encouraged to call 311 if the remediation is not done promptly or poorly.

For lease renewals or owner transfers, residents should receive a copy of the Department of Health’s fact sheet as well as a notice identifying building and resident responsibilities.

Buildings are required to correct any violations within a certain time period. Failure to do so can lead to fines from $10 to $125 per day to a maximum of $10,000.

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