BisNow: Mold Is Growing Into Major Problem For Apartment Owners

Patrick Sisson of Bisnow writes about the rising number of lawsuits against multifamily landlords across the country because of mold. He points to the older property ages and rising costs which have led to deferred maintenance. However, the need to keep free of mold is crucial to people’s health.

He spoke with Special Legal Projects Director Kathy Zeisel on how this issues is impacting DC residents:

Many of the issues involve bad actor landlords, according to Kathy Zeisel, director of special legal projects for the Children’s Law Center. But other landlords are more responsive to the problem, she said, with some supporting a 2014 Washington, D.C., law change that was among the first in the nation to increase inspections and require professional remediation after a violation is discovered.

When faced with a complaint, some owners very quickly hire an inspector, but others don’t, letting the burden and cost of conducting tests fall to the tenant, Ziesel said. Many can’t afford to hire someone to test for mold without support from a legal services organization, which can create a stalemate for lower-income tenants where a test never happens.

It can cost $1K or more to test for mold, which can balloon to hourly costs for expert witnesses, further tests to verify remediation was successful, and relocation funds during apartment upgrades, depending on the case. While lawsuits have only recently become more common, mold and habitability have long been a focus of tenant activism and organizing. Within roughly the last decade, especially after the pandemic supercharged a push for renter protections, cities and municipalities have passed tenant protections, beefed up enforcement, provided tenant legal aid and increased inspections.