California Apartment Association

Mold bill advances from Assembly Floor

A bill that will undercut eviction-delay tactics used by tenant attorneys who claim mold as a substandard housing problem advanced Wednesday from the Assembly Floor.

Sen. Holly Mitchell

SB 655 by Sen. Holly Mitchell, D-Los Angeles, specifically provides that a property owner has no obligation to repair a mold problem unless the owner has been notified of the problem. It also makes clear that the owner can enter the unit to repair any identified mold issue.

While the bill provides that mold is a substandard housing condition, it will only rise to that level if a health officer or code enforcement officer has determined that it is extensive enough to endanger health or safety of the occupants.

The bill provides that minor mold growth, such as in showers or other surfaces that accumulate moisture based on intended use, is not a violation of the law.
This would prevent unscrupulous attorneys from surprising landlords with habitability claims following months of missed rent payments. Tenants would not be able to claim inhabitability based on mold unless code enforcement makes that determination.

The California Apartment Association worked with Sen. Mitchell to make considerable revisions to this legislation, particularly regarding confirmation from an officer that mold poses a threat. In its original form, the bill would have declared the presence of any amount of mold, confirmed or not, as making an apartment uninhabitable. The senator has also promised additional amendments to the bill as requested by CAA to delete terms that define mold growth, such as the term “demonstrable.”

The bill now moves to the Senate for its final vote before moving to the governor.