MOLD DISCLOSURE AND ADDENDUM
TO RESIDENTIAL LEASE (NEW YORK)
TABLE OF CONTENTS
- Document Header
- Definitions
- Mold Disclosure Statement
- Tenant Acknowledgments
- Covenants & Obligations
5.1 Preventive Measures
5.2 Notification & Access
5.3 Remediation Procedures - Representations & Warranties
- Default & Remedies
- Risk Allocation
8.1 Indemnification
8.2 Limitation of Liability - Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Mold Disclosure and Addendum (“Addendum”) is made part of, and fully incorporated into, that certain Residential Lease Agreement dated [LEASE DATE] (the “Lease”) by and between [LANDLORD LEGAL NAME] (“Landlord”) and [TENANT LEGAL NAME] (“Tenant”) concerning the residential premises located at [STREET ADDRESS, CITY, NY ZIP] (the “Premises”).
Effective Date: [EFFECTIVE DATE]
Governing Law: State of New York (see Section 9).
Forum Selection: [COUNTY] Housing Court, State of New York (see Section 9).
[// GUIDANCE: Attach this Addendum to the executed Lease; obtain separate initials from each signatory on page 2 and the execution page.]
2. DEFINITIONS
For purposes of this Addendum, the following capitalized terms have the meanings set forth below.
“Addendum” – This Mold Disclosure and Addendum to the Lease.
“Business Day” – Any day other than Saturday, Sunday, or a New York State legal holiday.
“Excess Moisture Condition” – Any plumbing leak, roof leak, water intrusion, condensation, or other source of moisture capable of supporting mold growth.
“Implied Warranty of Habitability” – The statutory warranty under N.Y. Real Prop. Law § 235-b.
“Lease” – The Residential Lease Agreement identified in Section 1.
“Mold” – Any microscopic fungus, including spores, capable of growth on building materials when moisture is present.
“Qualified Remediation Professional” – A person or entity licensed or certified to perform mold assessment or remediation under N.Y. Lab. Law art. 32.
“Remediation” – Assessment, removal, cleaning, and/or treatment of Mold or Excess Moisture Conditions in accordance with applicable law and industry standards.
3. MOLD DISCLOSURE STATEMENT
3.1 To Landlord’s actual knowledge, and after reasonable visual inspection of accessible areas, [SELECT ONE]
a. ☐ The Premises does not contain visible Mold or Excess Moisture Conditions as of the Effective Date; or
b. ☐ The Premises does contain visible Mold or Excess Moisture Conditions as described on Schedule A attached hereto.
3.2 Landlord has provided Tenant with the Environmental Protection Agency pamphlet “A Brief Guide to Mold, Moisture, and Your Home” (EPA 402-K-02-003) and the New York City Department of Health publication “Guidelines on Assessment and Remediation of Fungi in Indoor Environments” (or any successor publication).
[// GUIDANCE: Attach pamphlets or provide electronic links and obtain Tenant’s acknowledgment in Section 4.]
4. TENANT ACKNOWLEDGMENTS
By signing below, Tenant acknowledges that:
a. Tenant has received and reviewed this Addendum and each document referenced in Section 3.2.
b. Tenant has had the opportunity to visually inspect the Premises, including all readily accessible areas, and [SELECT ONE]
i. ☐ has not observed visible Mold; or
ii. ☐ has observed Mold as described on Schedule B.
c. Tenant understands preventive measures outlined in Section 5.1 and agrees to comply.
5. COVENANTS & OBLIGATIONS
5.1 Preventive Measures (Tenant)
Tenant shall:
1. Maintain the Premises in a manner that prevents the occurrence and growth of Mold, including but not limited to:
i. Using exhaust fans in bathrooms and kitchens;
ii. Maintaining interior temperature and humidity at reasonable levels (30 %-60 % relative humidity);
iii. Promptly cleaning and drying spills, condensation, and minor water intrusions;
2. Keep furniture and personal property at least two inches from exterior walls to allow air circulation;
3. Operate heating, ventilation, and air-conditioning (“HVAC”) systems in accordance with manufacturer instructions.
5.2 Notification & Access
a. Tenant shall provide written notice to Landlord within twenty-four (24) hours of discovering any visible Mold and/or Excess Moisture Condition.
b. Upon receipt of notice, Landlord (or Landlord’s agent) may enter the Premises on at least twenty-four (24) hours’ notice, or sooner in an emergency, for the purpose of inspection and/or Remediation. Entry shall comply with N.Y. Real Prop. Acts Law § 853 and the Lease.
c. Failure by Tenant to provide timely notice shall constitute a material default under this Addendum.
5.3 Remediation Procedures (Landlord)
a. Landlord shall, within a commercially reasonable time not to exceed five (5) Business Days after notice, initiate an inspection by a Qualified Remediation Professional.
b. If Mold is confirmed, Landlord shall:
i. Provide Tenant with a written Remediation plan;
ii. Commence Remediation within a reasonable period, consistent with industry standards and applicable law;
iii. Upon completion, deliver a clearance report from the Qualified Remediation Professional.
c. If Tenant’s negligence, misuse, or violation of Section 5.1 caused or materially contributed to the Mold condition, Tenant shall be responsible for all actual and reasonable costs of inspection, Remediation, and repairs.
6. REPRESENTATIONS & WARRANTIES
6.1 Landlord represents that, to the best of Landlord’s knowledge and except as disclosed in Section 3.1(b) or Schedule A, the Premises is free of visible Mold and Excess Moisture Conditions as of the Effective Date.
6.2 THE PARTIES ACKNOWLEDGE THE IMPLIED WARRANTY OF HABITABILITY (N.Y. Real Prop. Law § 235-b) REMAINS IN FULL FORCE AND EFFECT. EXCEPT FOR SUCH WARRANTY AND THE EXPRESS WARRANTIES SET FORTH HEREIN, LANDLORD MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PREMISES OR MOLD CONDITIONS.
6.3 All representations and warranties in this Addendum shall survive the expiration or earlier termination of the Lease for a period of one (1) year.
7. DEFAULT & REMEDIES
7.1 Events of Default. The following constitute defaults under this Addendum:
a. Tenant’s failure to comply with any covenant in Section 5.1 or Section 5.2;
b. Landlord’s failure to timely commence or diligently pursue Remediation as required by Section 5.3.
7.2 Notice & Cure.
a. The non-defaulting party shall provide written notice describing the default.
b. The defaulting party shall have:
i. Tenant: three (3) Business Days;
ii. Landlord: five (5) Business Days,
to cure such default, or such longer period as may be reasonable under the circumstances so long as the defaulting party commences cure within the above periods and diligently prosecutes same.
7.3 Remedies.
a. If Tenant defaults, Landlord may exercise any remedies available under the Lease or applicable law, including recovery of actual damages and reasonable attorneys’ fees.
b. If Landlord defaults, Tenant may seek (i) injunctive or other equitable relief to enforce habitability obligations, and/or (ii) recovery of actual damages and reasonable attorneys’ fees.
8. RISK ALLOCATION
8.1 Indemnification
a. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees (collectively, “Landlord Indemnitees”) from and against any and all claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) Tenant’s breach of this Addendum, or (ii) Mold growth or property damage caused by Tenant’s negligence or failure to perform preventive measures.
b. Landlord shall indemnify, defend, and hold harmless Tenant from and against any and all claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) Landlord’s breach of this Addendum, or (ii) Mold growth caused by Landlord’s negligence or failure to comply with Section 5.3.
8.2 Limitation of Liability
Notwithstanding anything to the contrary in the Lease or this Addendum:
1. In no event shall either party be liable to the other for punitive, speculative, or consequential damages arising out of Mold conditions.
2. Each party’s aggregate liability under this Addendum shall be limited to the greater of (i) actual damages proven, or (ii) the amount of insurance proceeds available to cover the relevant loss.
3. Nothing in this Section 8.2 shall limit either party’s liability for (i) personal injury directly resulting from that party’s gross negligence or willful misconduct, or (ii) its indemnity obligations under Section 8.1.
9. DISPUTE RESOLUTION
9.1 Governing Law. This Addendum and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-laws principles.
9.2 Forum Selection. Each party irrevocably submits to the exclusive jurisdiction of the Housing Court (or, if the Housing Court lacks jurisdiction, the Civil Court) of the county in which the Premises is located.
9.3 Arbitration Excluded. The parties expressly agree not to submit any dispute arising under this Addendum to arbitration.
9.4 Jury Trial. Each party retains its constitutional right to a trial by jury; no waiver of such right is intended or implied.
9.5 Injunctive Relief. Either party may seek temporary, preliminary, or permanent injunctive relief to enforce habitability obligations without the necessity of posting a bond.
10. GENERAL PROVISIONS
10.1 Incorporation & Hierarchy. In the event of a conflict between the Lease and this Addendum, this Addendum shall control with respect to Mold-related matters.
10.2 Amendment & Waiver. No amendment or waiver of any provision of this Addendum shall be effective unless set forth in a written instrument executed by the party against whom enforcement is sought. No waiver of any breach shall be deemed a waiver of any subsequent breach.
10.3 Assignment. Tenant may not assign or sublet the Premises without Landlord’s prior written consent, except as permitted under the Lease.
10.4 Severability. If any provision of this Addendum is held invalid or unenforceable, the remainder shall not be affected and shall be enforced to the maximum extent permitted by law.
10.5 Integration. This Addendum, together with the Lease and any schedules and attachments, constitutes the entire agreement of the parties with respect to Mold-related matters and supersedes all prior discussions or agreements regarding such subject matter.
10.6 Electronic Signatures. The parties agree that electronic signatures, whether digital or encrypted, have the same force and effect as original signatures.
11. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have caused this Addendum to be executed as of the Effective Date.
| LANDLORD | TENANT |
|---|---|
| _______ | _______ |
| [PRINT NAME & TITLE] | [PRINT NAME] |
| Date: _______ | Date: _______ |
[// GUIDANCE: If the Premises is located in NYC and contains three (3) or more dwelling units, obtain a second Tenant signature line if applicable, and attach Local Law 55 Rider as required.]
NOTARY ACKNOWLEDGMENT (if required for recordation or by local practice)
State of New York
County of ___
On this _ day of _, 20, before me, the undersigned notary public, personally appeared ________, proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
My Commission Expires: _____
[// GUIDANCE: Review this Addendum for consistency with the Lease’s notice provisions, default remedies, and insurance requirements. Confirm that any building-specific policies (e.g., HVAC filter schedules) are cross-referenced in Section 5.1.]