My Landlord Is Ignoring Mold. What Are My Rights in NYC?
Under Local Law 55, NYC landlords have a legal deadline to fix mold — and daily fines if they miss it. Here's how to force the issue when they ignore you.
Mold in your apartment is not a cosmetic issue. It is a documented health hazard linked to respiratory illness, asthma, and allergic reactions — and under NYC Local Law 55, your landlord has a legal obligation to fix it, a mandatory deadline to do so, and daily financial penalties if they refuse. If your landlord is telling you to buy a dehumidifier, paint over it yourself, or that 'it's just a bit of mildew,' they are either uninformed or deliberately stalling. This guide explains exactly how the law works, what your escalation options are, and how to use the city's own enforcement machinery to force action.
What Local Law 55 Actually Requires
Local Law 55 of 2018 (NYC Admin Code §27-2017.1) requires landlords of multiple dwellings to maintain apartments free from mold in all areas under their control. Crucially, the law also requires landlords to address the underlying moisture source — not just clean the visible mold. A landlord who bleaches the mold without fixing the leaking pipe is not in compliance and will fail any HPD reinspection.
Step 1: Notify Your Landlord in Writing — Today
Send a written notice with photos
Before filing any city complaint, notify your landlord in writing. Email is fine. This creates a timestamp and gives you documented proof that they knew about the problem.
- Describe the location, size, and appearance of the mold — "black mold approximately 18 inches across on the bathroom ceiling."
- Attach clear timestamped photos.
- State that you expect them to arrange a licensed mold assessment and remediation under Local Law 55.
- Give a 7-day response deadline.
- If your landlord has ignored previous verbal reports, reference those: "Despite notifying the super on [date], no action has been taken."
Step 2: File a 311 Complaint — This Creates the Official Clock
File at 311.nyc.gov under "Mold"
A 311 mold complaint triggers an HPD inspection. When the inspector confirms mold, they issue a Notice of Violation — a Class B or Class C — and the landlord's correction deadline starts. From this moment, every day of non-compliance carries a financial penalty.
- File online at portal.311.nyc.gov — select "Mold/Mildew" from the complaint categories.
- Write down your service request number.
- HPD will schedule an inspection — typically within 30 days for non-emergency, within 24 hours if you report a Class C condition (large area, sleeping room, child under 6 present).
- If mold covers more than 10 square feet OR is in a bedroom or bathroom AND you have young children, explicitly report this on the complaint form — it triggers emergency inspection protocol.
- After the inspection, check HPD Online at hpdonline.nyc.gov to see if a violation was issued and what class it was assigned.
If the inspector doesn't show within 10 business days for a non-emergency complaint, call HPD's mold hotline and follow up in writing to your landlord referencing the pending inspection. The complaint record alone — even without a violation — strengthens your position in any subsequent proceeding.
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Step 3: File an HP Proceeding in Housing Court
Get a court order requiring remediation
If your landlord has an HPD mold violation and is still not acting, an HP (Housing Part) proceeding compels them through court order. It costs nothing to file, requires no attorney, and creates a legal record the landlord cannot ignore.
- File at your borough's Housing Court Help Center — they will assist you with the paperwork.
- Bring: your written notice to the landlord, the HPD violation number, your 311 complaint number, photos of the mold, and any medical documentation if mold is affecting your health.
- The court will schedule a hearing. The judge can order the landlord to complete remediation by a specific date and require proof of certification.
- Non-compliance with a Housing Court order can result in contempt proceedings and significantly higher penalties than the HPD fines alone.
Step 4: Withhold Rent Legally — The Escrow Method
A mold infestation serious enough to affect health and habitability is a breach of the warranty of habitability under NY RPL §235-b. This gives you the right to seek a rent abatement — a reduction in the rent owed for the period during which the apartment was substandard. The safest way to exercise this right is through the HP proceeding, where the court can authorise rent withholding into escrow. Do not simply stop paying rent without a court authorisation — that exposes you to eviction proceedings.
Mold affects health — if you or anyone in your household is experiencing respiratory symptoms, headaches, or worsening asthma, see a doctor and ask them to document the potential environmental cause. Medical records linking health issues to the mold in your apartment are significant evidence in both HPD proceedings and any subsequent rent abatement or lease termination case.
When to Consider Breaking Your Lease
If the mold is extensive (covering large areas across multiple rooms), recurring despite treatment, or is making you or your family ill — and your landlord has failed to fix it despite HPD violations and court proceedings — you may have grounds for constructive eviction under the warranty of habitability. See our full guide on breaking a lease due to violations. If you reach this point, document everything meticulously: the lease break needs to be defensible.
Frequently asked questions about mold and tenant rights in NYC
My landlord says the mold is my fault because I don't ventilate enough. Is that a valid defence?
Rarely. Under Local Law 55, the landlord's obligation is to address moisture problems in areas under their control — which includes building envelopes, pipes, and inadequate ventilation systems. If your bathroom has no operable window or functioning exhaust fan (both of which are the landlord's responsibility to provide), claiming you caused the mold through poor ventilation is legally weak. HPD inspectors are trained to assess the moisture source, not just the mold symptom.
Can I clean the mold myself while waiting for the landlord to fix it?
For very small areas (under 10 square feet), surface cleaning with appropriate products can slow visible growth. However, DIY cleaning does not address the underlying moisture source and may not meet HPD's remediation standard. More importantly, cleaning it yourself could be used by your landlord to argue the mold is now resolved — do not clean it without first photographing it thoroughly and notifying the landlord in writing that you are doing interim cleaning solely to protect your health, not as acceptance of responsibility for the problem.
How long does the HPD mold inspection process take?
After a 311 complaint, HPD typically inspects within 30 days for standard mold complaints. If you report emergency conditions — mold in a sleeping area, child under 6 in the household, mold covering more than 10 square feet — the inspection should occur within 24 hours. Once a violation is issued, the landlord has 21 days (Class C) or 30 days (Class B) to complete remediation and file certification. Total timeline from complaint to compliance: 6–12 weeks if the landlord acts promptly.
My landlord painted over the mold. Has that fixed it legally?
No. Painting over mold is not a legally compliant remediation under NYC law and will result in a failed HPD reinspection. Local Law 55 requires licensed mold remediation by a NYS-licensed mold remediator following a separate assessment by a licensed mold assessor. A landlord who paints over mold is also creating conditions for faster recurrence, since the moisture source is not addressed. File a new 311 complaint immediately if this occurs.
The mold came back after treatment. Do I have to start the complaint process over?
Recurring mold after supposedly completed remediation is evidence that the underlying moisture source was not fixed — which is itself a violation of Local Law 55. File a new 311 complaint and reference the prior violation number. If the landlord certified a correction that was not genuine, HPD can issue a new violation with a faster deadline. Recurring violations are also treated more seriously in Housing Court.
Related guides
Find a mold remediation near you
Further reading
Official resources
Official HPD guidance on Local Law 55 mold obligations for landlords and tenant rights.
File a mold complaint online — triggers an HPD inspection and starts the violation clock.
Check if your building already has open mold violations on record.
Free legal help for eligible tenants — especially useful if you need to withhold rent or break a lease over mold.