Local Law 55

Local Law 55: What Is It?

In New York City, Local Law 55 (also called the Asthma‑Free Housing Act) was enacted by the City Council in January 2018 and went into effect January 19, 2019. It requires owners of buildings with three or more residential units—and in some cases any rented unit where a tenant has asthma—to prevent and remedy indoor allergen hazards like mold, cockroaches, rats, and mice.

Under this law, owners must conduct annual inspections in each unit and common areas to identify and remediate these hazards, respond promptly to tenant complaints, and ensure apartments are clean and free of pests and mold before a new tenant moves in. Landlords are required to follow Integrated Pest Management (IPM) practices, which include sealing entry points, fixing leaks, reducing clutter, and using safe pest control methods through licensed professionals. For mold conditions affecting more than 10 square feet in buildings with 10 or more units, owners must hire a licensed mold assessor and a separate licensed mold remediator to handle the remediation safely and in compliance with state and city requirements. Additionally, landlords must provide tenants with a fact sheet and notice about Local Law 55 at lease signing and renewal to inform them of their rights and responsibilities under the law.

Failure to comply may result in violations issued by the Department of Housing Preservation and Development (HPD), leading to fines and enforcement actions.

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Understanding Local Law 55: The Asthma-Free Housing Act

Local Law 55, known as the Asthma-Free Housing Act, aims to protect tenants from indoor allergen hazards that can exacerbate asthma conditions. This law mandates that landlords take proactive steps to identify and remediate allergens such as mold, pests, and other irritants in residential buildings, particularly those housing tenants with asthma.

By enforcing regular inspections and timely responses to tenant complaints, the law ensures that residential units are safe and habitable. Landlords must adhere to strict guidelines to maintain a healthy living environment, thereby reducing the risk of asthma-related health issues among tenants.

Landlord Responsibilities Under Local Law 55

Landlords play a crucial role in ensuring compliance with Local Law 55 by conducting annual inspections of their properties. These inspections should cover both individual units and common areas to identify potential allergen hazards that could affect tenant health.

In addition to inspections, landlords are required to implement Integrated Pest Management (IPM) practices. This includes sealing entry points, addressing leaks, and reducing clutter, which are essential steps in preventing pest infestations and maintaining a clean environment for tenants.

Tenant Rights and Protections

Under Local Law 55, tenants have specific rights that protect them from living in hazardous conditions. They are entitled to request inspections and report any allergen-related issues to their landlords, who must respond promptly to ensure their living conditions are safe.

This law empowers tenants by providing them with the ability to hold landlords accountable for maintaining a healthy living environment. If landlords fail to comply with the law, tenants may seek legal recourse to address their concerns and ensure their rights are upheld.

Consequences of Non-Compliance

Failure to comply with Local Law 55 can lead to significant consequences for landlords, including legal penalties and fines. The law is designed to ensure that landlords prioritize tenant health and safety, and non-compliance undermines these objectives.

In addition to financial repercussions, landlords may face reputational damage and potential lawsuits from tenants. It is crucial for property owners to understand their obligations under this law to avoid these negative outcomes and foster a safe living environment.