What REALTORS® need to know about Mold Licensing Law & Consumer Protection

March 25th, 2019- New York State Senator Betty Little & Eileen Franko- Director of NYS Dept. of Labor Division of Safety & Health spoke to SAR Members about the Department of Labor’s new Mold Program and Article 32 of the New York State Labor Law, which establishes licensing requirements and minimum work standards for professionals engaged in mold assessment and remediation.

General Information:

Please see the department’s Mold Assessment and Remediation and What to Expect When You Hire a Mold Assessor and Mold Remediation Contractor fact sheets for this information in it’s simplest form. Feel free to distribute these to your clients. The purpose of these fact sheets is to provide consumers in New York State a basic background regarding mold and required mold professional work practices.

Mold contractors may not provide the client with cost estimates for mold assessment and remediation without a prior independent mold assessment. For more information, please refer to the Minimum Work Standards FAQs and the fact sheet What to Expect When You Hire a Mold Assessor and Mold Remediation Contractor.

There are three main components to the new law:

  1. Training: The Mold Program will protect consumers by requiring contractors to obtain appropriate training prior to being licensed to perform mold assessment, remediation or abatement services.
  2. Licensing: Contractors will not be allowed to advertise or perform covered work without the required license, with limited exceptions such as home or business owners performing work on their own properties.
  3. Minimum Work Standards: The Mold Program also establishes new minimum work standards for mold assessments and remediation activities by licensed professionals, including:
    • Protection against fraud by prohibiting the performance of both the assessment and remediation on the same property by the same individual;
    • Protection against fraud by requiring an independent mold assessment to define the scope of the remediation work;
    • Identification of disinfectant products, consistent with U.S. Environmental Protection Agency standards;
    • Provision of personal protection equipment to employees, as necessary;
    • Posted notice of the project and the contractor’s licenses; and
    • Completion of a post-remediation assessment.
Please see the fact sheets, presentation slides and/or check out the Department of Labor’s Mold Program Site for more details regarding this important information.