Real Estate Law: Mold Remediation

Even the most magnificent homes face a challenge that can have an impact on property value, the beauty of your living space and your very health: Mold. The issue may not sound pretty, but there’s hope. Starting this year, Mold Remediation is a licensed field in New York State. 

Here are five facts that you should know in order to ensure that you are protected by the license law if you’re considering having your home remediated in 2016 or thereafter.

Read the full article by Andrew Lieb, Esq. here. 

Mold Licensing Law for Assessment, Remediation, and Abatement

On January 1, 2016 the amended Article 32 of the Labor Law became effective thereby making it “unlawful for any person to engage, advertise or hold themselves out as a mold assessor, remediation contractor, or abatement worker unless they have a valid mold license, issued by the commissioner, for the type of work they will be performing. Individuals who do so may be subject to a civil penalty.”

Read the full article by Andrew Lieb, Esq. in the Suffolk Lawyer.

DECISION: The Alleged Effects of Mold on Human Health

The alleged effects of mold on human health has been addressed by New York’s highest court, the Court of Appeals, on March 27, 2014 in Cornell v. 360 W. 51^st St. Realty, LLC.

The facts of the case were that Ms. Cornell resided in an apartment from 1997 to 2003, after which time she vacated the property due to alleged health issues allegedly caused by mold and dampness in her apartment. She claimed to be dizzy, asthmatic and congested and was unable to function or sleep properly while in the apartment.

51^st Street Corporation opposed her claim, arguing that Cornell was unable to prove a cause-effect relationship between mold and disease. Relying on a clinical immunologist as an expert, 51^st Street Corporation demonstrated that the scientific community generally accepts that mold can cause disease through specific channels; however, none of Cornell’s symptoms can be directly linked to mold exposure.

In dismissing the complaint, the Court held: “Studies that show an association between a damp and moldy indoor environment and the medical conditions that [Plaintiff’s Expert] attributes to Cornell’s exposure to mold…do not establish that the relevant scientific community generally accepts that molds cause these adverse health effects.”

Brokers, keep this case in mind as you work with clients who have fears about the effects of mold on human health when they refuse to enter a property claiming to smell mildew.

As the Court explained, mold exposure is not established by the scientific community to create toxic effects, except for cases of ingestion. It only is shown to cause an immune response in allergic individuals. 

Mold Facts from Mold is Money

Thank you to all of our students who attended last week's continuing education course, Mold is Money.

At the class we were asked two (2) questions that we promised a blog follow-up so here goes:

1. Drywall has an overlay on both sides of the sheetrock to allow for taping and spackling, but remember to keep the treated side pointed toward the outside of the structure to avoid mold.

2. There are many different mold remediation certifying bodies and types of certifications out there.  Below are what we believe to be the top 3 certifications.

- American Council for Accredited Certifications (ACAC).  They have:

  - Certified Indoor Microbial Remediator (CMR)

  - Certified Indoor Environmentalist (CIE)  ( I have this cert.)

- Professional Mold Inspection Institute

  - Certified Residential Mold Inspector (CRMI)

  - Certified Commercial Mold Inspector (CCMI)

  - Certified Mold Remediator (CMR)

- Institute of Inspection Cleaning & Restoration Certification (IICRC)

  - Mold Removal Specialist (MRS)

If there are any other questions please feel free to contact our Mold Instructor, Scott Perry, CIE at (516)983-6841 or iaqtec@aol.com

Last Chance To Enroll in Mold is Money - Free CE in Hauppauge on 4/24

Mold is Money (3 CE Credits)

April 24th, 2013 in Hauppauge

Remediation, your health and the law. Mr. Perry brings over 15 years of hands-on experience as a mold remediator and water investigation and restoration specialist, while Mr. Lieb offers both his background in public health and his legal expertise as we delve into this complex field from 3 angles; remediation, your health and the law. You will learn how to minimize your exposure to liability as a property manager and agent while maximizing your opportunity with mold infested properties in sales. This course will introduce you to spores like you have never seen them before, as a profit center for transactions and leases. Also, to be discussed is the leading case today on personal injuries caused by mold exposure, Cornell v. 360 West 51st Street Realty, LLC. Get ready to combine moisture with organic materials - its mold time. 

Instructors: Andrew M. Lieb, Esq., MPH and Scott Perry

Advanced Online Enrollment Required. 

Food & Refreshments provided by Citibank