Fact Sheet: DC's New Mold Law

What is the new mold law?

• The Air Quality Amendment Act of 2014 (Public Law No. 20-135, D.C. Code §§ 8-241.01-8-241.09) contains important new rights for tenants dealing with mold in residential units.

When did the law become effective?

• The law went into effect on September 9, 2014. The Department of Energy and the Environment (DOEE) issued regulations on April 22, 2016 (20 DCMR § 3200, et seq.).

How is mold defined?

• The statute defines mold broadly as “living or dead fungi or related products or parts, including spores hyphae, and mycotoxins, on an interior surface of a building, including common spaces, utility spaces, HVAC, or other systems.” (D.C. Code § 8-241.01(4))
• Parts of the statute are triggered by “indoor mold contamination,” indoor mold growth at or above a threshold established by DOEE. (D.C. Code § 8-241.01(5)) DOEE regulations set the threshold at 10 square feet or more in an “affected area,” defined as in close proximity or likely impacted by the same water source. (20 DCMR § 3200.2)

What steps must a landlord take once a tenant reports mold?

• A residential property owner who receives written or electronic notice from a tenant of indoor mold or suspected indoor mold in the tenant’s unit or the common areas must inspect within 7 days. (D.C. Code § 8-241.04(a))
• The initial inspection focuses on visible mold and must be performed before the landlord cleans, scrapes, paints over, or otherwise removes any mold. (20 DCMR § 3206.3)
• The initial inspection should assess the extent of the damage; any potential for hidden mold (e.g., behind walls, carpets); any ventilation systems affected; and any damage to susceptible materials (e.g., ceiling tiles, drywall, wood). (20 DCMR § 3206.3)
• The landlord must remove visible indoor mold within 30 days of the inspection unless a court orders a shorter timeframe. (D.C. Code § 8-241.04(b))

When is professional assessment/remediation required?

• If any inspection reveals indoor mold contamination – 10 square feet or more – then the landlord must use a licensed indoor mold assessor and a licensed indoor mold remediator. (D.C. Code § 8-241.04(b); 20 DCMR § 3201.8, 3206.2, 3206.6)
• For mold below the 10 square feet threshold, the landlord may remediate without a professional but still must follow published DOEE guidelines. (D.C. Code § 8-241.04(b)) DOEE’s “Mold Guidance Document” is available at http://doee.dc.gov/moldlicensureregs.

In general, what does the law require for licensing of mold professionals?

• Any person/business engaging in the business of residential indoor mold assessment or remediation must be licensed by DOEE. (D.C. Code § 8-241.03(b); 20 DCMR §§ 3202.1) An unlicensed person/business may not hold itself out as licensed. (20 DCMR § 3204.2)
• However, an unlicensed party may perform assessment and remediation for mold under the DOEE threshold of 10 square feet. (D.C. Code § 8-241.04(b); 20 DCMR § 3201.2)
• Professional mold assessors and remediators must pass an examination, establish a combination of educational credentials and field experience, meet insurance requirements, and take initial and refresher training, including on D.C. law. (20 DCMR §§ 3202, 3207, 3208)

What remedies are provided for tenants?

• A professional mold assessment finding indoor mold contamination (10 square feet or more) creates a rebuttable presumption that the owner violated the Housing or Property Maintenance Code for a defective surface condition, as long as the owner received written or electronic notice of the assessment. (§ 8-241.05(a)(1))
• A court ruling in favor of a tenant and finding a violation of the Housing or Property Maintenance Code based on a professional mold assessment, may order the owner to reimburse the tenant for the mold assessment costs, if any, and may award attorney’s fees and court costs. (§ 8-241.05(a)(2))
• A court may award treble damages when (1) the tenant discovered the mold; (2) a professional mold assessment found mold above the DOEE threshold; (3) the owner received written or electronic notice of the assessment; (4) the owner did not remediate the mold within 60 days; and (5) the owner acted in bad faith. (§8-241.05(a)(2))
• The statute does not affect common law rights and remedies already available. (§ 8-241.08)
• DCRA may rely on a professional mold assessment to issue a notice of violation for a defective surface in violation of the Housing or Property Maintenance Code. (§ 8-241.05(b))

Do landlords have to disclose past mold to prospective tenants?

• A landlord’s disclosures to prospective tenants (already required under the Rental Housing Act) must include information known or that should have been known about the presence of indoor mold at or above the DOEE threshold (10 square feet) in the rental unit or common areas in the previous 3 years, unless the mold has been remediated by a licensed indoor mold remediation professional. (§ 42-3502.22(b)(1)(K))