California Apartment Association

For years, tenants facing eviction have delayed the process by making unmeritorious claims regarding the presence of mold.

A California bill, however, would undercut this delay tactic by clarifying when mold constitutes a substandard housing condition.

While SB 655 by Sen. Holly Mitchell, D-Los Angeles, 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 damage property.

The bill 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.

In addition, the bill says minor mold growth, such as in showers or other surfaces that accumulate moisture based on intended use, is not a violation.

This would prevent unscrupulous attorneys from surprising landlords with habitability claims following months missing rent payments.  Tenants would not be able to claim inhabitability based on mold unless code enforcement makes that determination.

By requiring an official to determine whether mold is an actual hazard, Mitchell’s bill would protect rental property owners from unscrupulous attorneys who attempt to delay the eviction process through unsubstantiated claims.

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.”

In June, after assuring her fellow lawmakers that she would revise the bill to address the concerns of the rental housing industry, the bill passed the full Senate. The bill has passed the Assembly Committee on Housing and Community Development and now heads to the Appropriations Committee.