The Honeymoon Will Soon Be Over - D.C.’s Department of Energy and Environment to Begin Enforcing New Mold Assessment and Remediation Law for Rental Housing

By August 2017, the District of Columbia Department of Energy and Environment (DOEE) reports that it will begin to enforce recently promulgated Mold Assessment and Remediation Licensure Regulations (Regulations) for the assessment and remediation of mold in rental housing. The District of Columbia is one of few jurisdictions in the country (including California, Florida, Louisiana, New York City and Texas) that regulates mold in rental properties. D.C.’s Regulation requires that all mold assessments and remediation in rental properties be performed by licensed mold professionals. While the regulations took effect on April 22, 2016, to ensure the regulated community has sufficient time to satisfy and complete the licensing requirements, DOEE informally has deferred enforcement through the end of July 2017.

The Regulations specify requirements for when mold in indoor rental properties must be addressed, as well as how to do so. These regulations establish a licensing program for mold assessment and remediation professionals who perform work in the District of Columbia. There are three main components to the mold regulations:

  1. If there is at least ten square feet of indoor mold growth in a residential area with tenants, all assessment and remediation must be performed or supervised by a mold professional who is licensed by DOEE.
  2. No person holding themselves out as a mold professional may assess or remediate mold without the corresponding license from the DOEE. To be considered for a license, an individual must meet several requirements, including passing a DOEE-approved exam, relevant education and work experience and insurance. Each license is valid for two years.
  3. All licensed mold professionals must notify DOEE of all projects in accordance with the regulations, and follow performance standards and work practices required by the regulations.

More information about the requirements mold professionals must adhere to can be found here.

This blog was written by Marian Hwang at Miles & Stockbridge.

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