In New York City, mold violations are heavily regulated under Local Law 55 of 2018 (the Asthma-Free Housing Act). When the Department of Housing Preservation and Development (HPD) issues a mold violation, the rules regarding the hiring of a Licensed Mold Assessor and the process to remove the violation change drastically depending on the building size and the hazard class (Class A, B, or C).

1. Role and Requirements for Licensed Mold Assessors

Under New York State Labor Law Article 32, a Licensed Mold Assessor must be a completely independent third party from the mold remediation contractor.

When is an Assessor Legally Required?

• Buildings with 10 or More Units: A NYS-licensed mold assessor must be hired to write a Mold Remediation Plan, and perform a Post-Remediation Verification (PRV) clearance for all Class B and Class C violations, or any mold condition exceeding 10 square feet.

• Buildings with Under 10 Units: While owners must still use "safe work practices" to clean the mold, they are not legally mandated to hire a licensed assessor or contractor; the landlord’s own maintenance crew can perform the cleanup as long as they follow NYC Department of Health (DOHMH) guidelines.

2. Breakdown of NYC Mold Violations: Classes A, B, and C

HPD classifies mold violations based on the size of the affected area within a single room or common area. The class dictates the timeline for correction.

Violation ClassSeverityMold Surface AreaTimeframe to Correct & CertifyClass ANon-HazardousLess than 10 sq. ft. in a room (or < 30 sq. ft. in a common area)90 Days from date of serviceClass BHazardous10 to 29 sq. ft. in a room (or $\ge$ 30 sq. ft. in a common area)30 Days from date of serviceClass CImmediately Hazardous30 sq. ft. or more in a single room21 Days from date of service

⚠️ Upgrading Warning: If a Class A violation is ignored or falsely certified, HPD will upgrade it to a Class B. If a Class B is ignored or falsely certified, it will be upgraded to a Class C, which triggers massive daily civil penalties.

3. The Step-by-Step Process for Removing Violations

The process to legally clear these violations off the building's title depends on whether the deadline on the Notice of Violation (NOV) has passed.

Step 1: Remediation (The Workflow)

For covered buildings (10+ units, Class B/C):

1. Assessment: The Licensed Mold Assessor inspects the site and writes a Mold Remediation Plan.

2. Remediation: A separate Licensed Mold Remediation Contractor reviews the plan, creates a Mold Remediation Work Plan, files the project with the NYS Department of Labor (or NYC DEP), establishes containment, and cleans the mold using safe work practices (HEPA vacuuming, antimicrobial treatment).

3. Clearance: The Assessor returns to conduct a post-remediation assessment, ensures the area is dry and dust-free, and issues a passed Clearance Report.

Step 2: Gathering the Paperwork

To prove to HPD that the work was done properly, the owner must gather specific documents from the licensed professionals:

• A copy of the Assessor's NYS Mold License.

• A copy of the Contractor's NYS Mold License.

• The Affidavit of Mold Assessment (signed and completed by the assessor).

• The Affidavit of Mold Remediation (signed and completed by the contractor).

• Copies of the state project filing receipts.

Step 3: Submitting to HPD (Before the Deadline)

If the correction timeframe (21, 30, or 90 days) has not expired, the owner or registered managing agent can submit a Certification of Correction for free:

• For Class A (and buildings under 10 units): The owner can easily submit this via HPD’s online eCertification portal or mail in a standard Certification of Correction form.

• For Class B and C (in 10+ unit buildings): eCertification is not allowed. The owner must submit a physical, notarized paper certification package to their local HPD Borough Service Center. This package must include the original Notice of Violation ID and all the specific mold affidavits/licenses gathered in Step 2.

Step 4: What if the Deadline Passed? (Dismissal Request)

If the deadline on the front of the violation has already lapsed, the owner can no longer simply "certify" the correction. Instead, they must file a formal Dismissal Request:

1. Submit a Dismissal Request form to the HPD Borough Office.

2. Pay a fee ($250 for a 1–2 family home; $300+ for multiple dwellings depending on open violations).

3. HPD will schedule an inspector to visit the property to physically verify that the mold has been removed.

4. If the building has 10+ units and it was a Class B or C violation, the owner must still hand the inspector the required licensed contractor paperwork during the inspection to officially close the defect out of the city's system.