As a property owner, mold is one of the last things you want to encounter in any of your buildings. Unfortunately, though, the insidious growth often shows up unannounced, inviting all sorts of trouble. One of the biggest pain points of dealing with mold is making sure to remain compliant with all the mold-related requirements.
Local Law 61 of 2018 set the standards for all things mold: mold assessments, mold abatement, and mold remediation for buildings that have 10 or more dwelling units or are located on a zoning lot that contains 25,000 or more square feet of non-residential floor area.
As part of this law, after the HPD issues a mold violation, building owners are required to have the worker performing the mold remediation work and file the following two forms with the DEP online:
- Mold Remediation Work Plan Notification Form-must be filed no later than 48 hours before the mold remediation work commences.
- Post-Remediation Assessment Form and Mold Post-Remediation Certification-must be filed within seven days after completion of the remediation work.
If the remedial work is being performed on a project that is subject to a court order to be completed within 30 days, or the presence of mold poses an immediate risk of harm to individuals and/or damage to property, the Work Plan Notification Form must be filed no later than 24 hours before the work commences.
Heavy Enforcement
If you’re thinking that no one will really notice if these forms aren’t filed on time, think again.
After issuing a mold violation and then inspecting the dwelling unit to see that the necessary work was performed, the HPD will check with the DEP to verify that both of these forms were submitted in a timely manner. If either or both forms are missing, the HPD is informing and recommending that the DEP issue a violation.
For building owners, this new development represents a newer commonality in which two separate City Agencies are working closely together to ensure complete compliance across all departments.
Violations
Violations for failure to comply with mold-related requirements don’t come cheap.
Building owners may be subject to penalties from the DEP ranging from $800 to $10,000 for failure to hire the appropriate licensed mold professional, and/or neglecting to file the appropriate forms on time with the DEP. Keep in mind that these violations will be piled upon the violations you have already received from the HPD when mold was found in one of the dwelling units in your building upon inspection.
It’s another compliance headache, but the Jaffa team has got your back! Contact us today to find out how we can help you remain compliant with all mold-related requirements and all DEP issued violations.
