NYC Local Law 55 Audit Checklist for Landlords (2025 Update)

As we navigate through 2025, the regulatory landscape for New York City property owners has never been more demanding. For landlords of multiple dwellings, compliance is no longer a matter of periodic maintenance; it is a matter of rigorous legal adherence. NYC Local Law 55 of 2018, also known as the Asthma-Free Housing Act, remains one of the most critical pieces of legislation governing indoor air quality. With the Department of Housing Preservation and Development (HPD) increasing its audit frequency and tightening its enforcement of Class B and Class C violations, landlords must be proactive.

Non-compliance with Local Law 55 does not just result in administrative headaches—it leads to significant financial penalties, litigation risks, and mandatory remediation orders that can disrupt building operations. This guide serves as a comprehensive audit checklist to ensure your properties remain compliant, safe, and free from the allergen hazards that trigger HPD intervention.

Overview of Local Law 55

Local Law 55 requires owners of multiple dwellings (buildings with three or more apartments) and landlords of any unit where a tenant has asthma to take aggressive measures to keep the premises free from indoor allergen hazards. These hazards primarily include mold, cockroaches, mice, and rats.

The core philosophy of the law is “source mitigation.” NYC legislation has shifted away from superficial fixes—such as simply painting over mold or using over-the-counter pesticides—and toward professional, integrated solutions that address the root cause of the infestation or fungal growth. Under LL55, landlords are legally obligated to:

• Inspect units annually for mold and pests.
• Inspect units whenever a tenant vacates (turnover).
• Remediate hazards using “safe work practices.”
• Fix underlying moisture issues, such as roof leaks or plumbing drips.
• Provide specific notices to tenants at the time of lease signing and renewal.

To help you visualize the scope of these responsibilities, refer to the compliance table below:

The Annual Inspection Requirement

The cornerstone of NYC Local Law 55 compliance is the Mandatory Annual Inspection. Landlords cannot wait for a tenant to complain; the law places the burden of discovery squarely on the owner. This inspection must be comprehensive and documented.

What to Look For During Inspections

During your 2025 audit, your staff or third-party inspectors should focus on high-risk areas where moisture and pests congregate:

• Under Sinks and Around Toilets: Check for slow drips or condensation that could fuel mold growth or attract cockroaches.
• Window Frames and Sills: Inspect for water intrusion from the exterior and signs of “black mold” on caulking.
• Behind Appliances: Pull out refrigerators and stoves to check for pest droppings or nesting sites.
• Basements and Common Areas: While LL55 focuses on dwelling units, the source of a pest or mold issue often originates in common areas or mechanical rooms.

The Turnover Inspection

Whenever an apartment becomes vacant, a “turnover inspection” is required. This is the most opportune time to perform deep remediation. In a vacant unit, you can more easily seal cracks, replace water-damaged drywall, and ensure the unit is “pest-proofed” before the next tenant takes possession. Failing to document a turnover inspection is a common trigger for HPD fines during a records audit.

Remediation Standards for Mold

If mold is discovered during an inspection, the “clean and paint” method is no longer legally sufficient in New York City. Local Law 55 dictates specific remediation standards based on the size of the affected area and the nature of the building.

Safe Work Practices

For any amount of mold, landlords must use “safe work practices.” This includes:

• Minimizing the dispersion of dust.
• Cleaning with HEPA-filtered vacuums.
• Using soap and water (or specific antimicrobial cleaners) rather than just bleach.
• Fixing the underlying moisture problem (e.g., repairing a leaky pipe or improving ventilation).

The 10 Square Foot Rule

New York State labor law (Article 32) intersects with NYC Local Law 55 regarding who can perform the work. If the mold contamination covers more than 10 square feet, the landlord is legally required to hire a New York State licensed Mold Remediation professional. This process requires a three-prong approach:

1. Assessment: A licensed Mold Assessor creates a remediation plan.
2. Remediation: A separate, licensed Mold Remediation contractor executes the plan.
3. Post-Remediation: The Assessor returns to provide a “clearance” report.

Attempting to handle large-scale mold issues with in-house supers not only violates LL55 but can lead to severe penalties under State law. For professional assistance with complex mold issues, landlords often turn to Commercial Restoration | Mold Remediation | Upper Restoration to ensure all Article 32 and LL55 requirements are met.

Pest Management Integration

Local Law 55 requires the use of Integrated Pest Management (IPM). IPM is a holistic approach that focuses on prevention and structural repairs rather than the routine application of chemical pesticides.

The Checklist for IPM Compliance:

• Seal Entry Points: Use professional-grade sealants, caulk, and steel wool to close gaps around pipes, baseboards, and cabinets.
• Eliminate Food Sources: Ensure common areas are free of debris and that tenants are educated on proper food storage.
• Moisture Control: Pests need water. Fixing a leaky faucet is often more effective than an exterminator’s spray.
• Avoid Prohibited Chemicals: Landlords should avoid “foggers” or “bombs,” which can exacerbate asthma symptoms and fail to reach the source of the infestation.

When an HPD inspector arrives to clear a pest violation, they aren’t just looking for dead bugs; they are looking for sealed holes and clean, dry surfaces. If they see cracks in the backsplash or gaps under the sink, the violation will likely remain open.

Avoiding HPD Violations

The financial impact of Local Law 55 violations can be staggering. Class B (Hazardous) and Class C (Immediately Hazardous) violations carry daily fines that accumulate until the violation is officially “certified” as corrected with HPD.

Documentation is Your Shield

In the event of an HPD audit, your verbal claim that “we inspect every year” will not suffice. You must maintain a paper trail for at least five years. Your compliance file should include:

• Logs of annual inspections (dated and signed).
• Work orders for any mold or pest remediation performed.
• Invoices from licensed mold professionals or IPM-certified exterminators.
• Copies of the “Notice to Tenant” forms signed at lease inception.
• Photographic evidence of “before and after” remediation work.

The Right of Entry

A common challenge for NYC landlords is the “uncooperative tenant.” If a tenant refuses access for a mandatory LL55 inspection, the landlord must document their attempts to gain entry. This includes sending notices via certified mail. This documentation is critical to defending against “failure to inspect” violations during an HPD hearing.

Professional Assistance

The complexities of 2025 regulatory standards mean that “DIY” compliance is increasingly risky. HPD inspectors are trained to spot shoddy mold remediation, such as mold spores trapped under a fresh coat of KILZ or gaps in baseboards that were simply taped over.

Professional environmental consultants and restoration experts provide a buffer between the landlord and the city’s enforcement arms. By utilizing specialized services, landlords ensure that moisture mapping is conducted accurately, hidden mold is identified using infrared technology, and pest exclusions are handled with durable, industrial materials that stand up to HPD scrutiny.

Furthermore, professional firms provide the necessary certification and clearance reports that HPD requires to close out open violations. Without these documents, a landlord might spend thousands on repairs only to have the city refuse to lift the violation due to lack of “proper” documentation.

Frequently Asked Questions

Q: Who can perform Local Law 55 mold cleanup?

A: For areas under 10 square feet, trained building staff can perform the cleanup using safe work practices. However, for areas over 10 square feet, a NYS licensed Mold Remediator is required by law. They must be independent of the company that performed the mold assessment.

Q: Does Local Law 55 apply to smaller 1-2 family homes?

A: Generally, LL55 applies to “Multiple Dwellings,” which are buildings with 3 or more units. However, it also applies to any dwelling unit where a tenant has been diagnosed with asthma and the landlord has been notified, regardless of building size.

Q: What happens if I ignore a Class C mold violation?

A: Class C violations are “immediately hazardous.” You typically have 21 days to remediate the issue and certify the correction. Failure to do so can result in HPD’s Emergency Repair Program (ERP) sending their own contractors to do the work at a significantly higher cost to the landlord, which is سپس (then) billed as a tax lien against the property.

Q: Can I use bleach to clean mold for LL55 compliance?

A: While bleach kills surface mold, NYC HPD and DOHMH guidelines emphasize soap and water or specialized biocides combined with physical removal of the moldy material. Bleach is often discouraged because it does not prevent regrowth if the porous substrate (like drywall) remains contaminated.

Conclusion

Navigating NYC Local Law 55 in 2025 requires a shift from reactive maintenance to a rigorous, documented compliance strategy. By conducting annual inspections, adhering to NYS Article 32 mold standards, and implementing Integrated Pest Management, landlords can protect their tenants’ health and their own bottom line. Remember: the cost of professional remediation is always lower than the cost of compounding HPD fines and legal fees.

Avoid HPD fines. Schedule your compliance inspection today. https://upperrestoration.com/?page_id=5915