Real Estate Journal — Owners, Developers & Managers — December 28, 2018 - January 10, 2019 — 7B
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O wners , D evelopers & M anagers Lee Wasserman, LEW Corporation New York City Mold Law Goes Live January 19 2019
G
et ready! In less than 2 months, NYC Local Law of 2018, A.K.A.
performed in compliance with article 32 of the New York State (NYS) labor law and any rules promulgated there- under. Article 32 of NYS labor law requires licensing and minimum work standards for professionals engaged in mold assessment and remediation. There are three main com- ponents to the law. Training: The mold programwill protect consumers by requiring con- tractors to obtain appropriate training prior to being licensed to perform mold assessment, remediation, or abatement services. Licensing: Contrac- tors will not be allowed to
advertise or perform covered work without the required license, with limited excep- tions. For example, home or business owners performing work on their own properties. Minimum Work Standards: The mold program also es- tablishes new minimum work standards for mold assess- ments and remediation ac- tivities by licensed profession- als, including: 1)Protection against fraud by prohibiting the performance of both the assessment and remediation on the same property by the same individual; 2) Protection against fraud by requiring an
independent mold assessor to define the scope of the reme- diation work; 3) Identifica- tion of disinfectant products, consistent with U.S. Envi- ronmental Protection Agency standards; 4) Provision of personal protection equipment to employees, as necessary; 5) Posted notice of the project and the contractor's licenses; and 6) The completion of a post-remediation assessment. This means, beginning Jan- uary 19, 2019, when a NYC multifamily property owner has to correct an indoor mold hazard violation or assess/ correct an indoor mold hazard
identified as a result of an inspection by the owner, such assessment and remediation work shall require both a NYS licensed Mold Assessor AND a NYS licensed Mold Remedia- tor. Both parties (Assessor & Remediator) are required to comply with NYS mold licen- sure law. NYS Mold Assessor and Remediator certifications can be obtained at www.NAE- TI.com. My recommendation: Don’t wait to get a few mem- bers of your staff trained! The indoor allergens, mold and pest, are to be regulated beginning 1/19/19, whether continued on page 10B
NYC Indoor Asthma Al- lergen Haz- a r d s i n Residential Dw e l l i n g s a n d P e s t M a n a g e - ment , goes live January
Lee Wasserman
19 2019! It will require ad- ditional time and education, with more responsibilities and certifications, some of which are not so easy to consistently manage. We first introduced this last year, when the bill became law. Now that we’re only days away, I think it’s critical to review some of the key highlights and challenges to be faced when complying. Just to be clear, this law, ef- fective January 19, 2019, ap- plies to ALLmultiple-dwelling property owners who are now going to be responsible for investigating and remediating indoor allergen hazards like mold, mice and rats, and cock- roaches in multiple dwellings, (Exemptions may apply to NYCHA and Coops &Condos). In this article, we’re going to focus on some of the new law’s requirements and challenges. What makes this law’s com- pliance challenging is that NYC is asking us to manage Mother Nature. It‘s hard to beat nature, but it is possible to handle one of its occur- rences: indoor mold (another bad, four-letter word). The new law requires protection against indoor asthma & pest management. This discussion is going to concentrate on the mold component, not the pest management. What are some of YOUR new responsibilities and how can you avoid their very sensi- tive and potentially litigious outcomes? First, education is critical! Someone is going to need to properly communi- cate moisture intrusion and mold related events to your residents. Secondly, because this new law’s definition of Re- mediation/ Remediate (above) specifically requires compli- ance with Section 27-2017.9, which demands, in section B., correcting an indoor mold hazard violation or assessing/ correcting an indoor mold haz- ard identified as a result of an inspection by an owner, such assessment or work shall be
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