By Renee Sosnowski
The New York City Department of Environmental Protection (DEP) recently adopted a rule to establish a new penalty for certain violations of Subdivision (b) of Section 24-154 of the New York City Administrative Code. Effective December 18, 2020, the amendment to the city’s Air Code Penalty Schedule subjects owners of covered buildings to monetary penalties if mold assessment, abatement, or remediation is either self-performed by a covered person or performed by a person not properly licensed, per Article 32 of the New York State Labor Law.
Local Law 61 of 2018
Local Law 61 of 2018, which went into effect on January 1, 2019, established minimum standards for mold assessment, abatement, and remediation. The legislation applies to the following building types:
- Buildings that contain 10 or more dwelling units
- Buildings located on a zoning lot that contains at least 25,000 square feet of non-residential floor space
Under this local law, a “covered person” is defined as, “with respect to a building, a person who is an owner of such building, a managing agent of such building or an employee of such owner or agent.”
The law prohibits covered persons from performing mold assessment, abatement, or remediation for areas greater than 10 square feet. In addition, such work must be performed by licensed individuals, pursuant to Article 32 of the New York State Labor Law.
Updated Air Code Penalty Schedule
The revised Air Code Penalty Schedule now includes the following penalties for mold assessment, abatement, or remediation performed by either a covered person or an unlicensed individual:
- First violation – $800 penalty
- Second violation – $1,600 penalty
- Third (and subsequent) violation(s) – $2,400 penalty
These penalties are intended to ensure that building owners hire only properly licensed individuals to perform mold assessment, abatement, or remediation work, ensuring that such work is completed in a manner that does not threaten public health.
If you have any questions, or if you need assistance with violations, contact Metropolis Group at 212.233.6344.