“Ask Kari”: Dear Kari, As for “El Niño”…Will It Ever Come?

February is usually our wettest month of the year but our shortest month has turned into a heat wave in recent years. What we need to know, as rental property owners and managers, about heat and rain is that together they are the perfect match to grow mold.  As of January 1, 2016, mold is considered a substandard housing condition as defined in California Health and Safety Code 17920.3  Here is a general introduction, with some tips and highly recommended links, building owners might consider regarding mold.

Understand what you are dealing with here.  Before cutting open a wet ceiling or wall, please make sure that the person you have working is both Mold Certified and Lead Certified.  One of the biggest problems we rental housing providers are constantly dealing with is water leaks.  Whether it is from a pipe, air conditioning unit, or the sky above, leaking water is extremely important to address immediately after it happens.  If water intrusion into a unit is ignored, and heat is present, there is potential for very rapid mold growth.

How Mold is Handled is Key.  Most maintenance personnel or handymen think that just cutting out the wet section will take care of it, and sometimes it will, but not putting up the proper barrier between the problem and the tenant’s belongings can be a major mistake.  You never know what you will encounter when you cut into a wall or ceiling.  Putting up a proper barrier is equivalent to wearing safety glasses and a facemask. You don’t wear them because a nail is going to come rocketing towards your eye.  You wear them in case a nail comes rocketing towards your eye.

All precautions must be taken because, as described in, “California Tenants – A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities.”  Before renting a rental unit to a tenant, a housing provider must make the unit fit to live in, or habitable. Additionally, while the unit is being rented, the housing provider must repair any problems that would make the rental unit unfit to live in, or uninhabitable. The housing provider has this duty to repair because of a California supreme Court case, “Green vs. Superior Court,” which held that all residential leases and rental agreements contain an implied warranty of habitability. Under the “implied warranty of habitability,” the owner is legally responsible for repairing conditions that seriously affect the rental unit’s habitability.”  The presence of mold is considered a habitability issue.

What is mold? 

The California Department of Public Health defines mold as, “Simple, microscopic organisms, present virtually everywhere, indoors and outdoors. Mold growth on surfaces can often be seen as discoloration, frequently white, gray, brown, or black but also green and other colors. Molds, along with mushrooms and yeasts, are fungi and are necessary to break down dead plant and animal material and to recycle nutrients in the environment.”

Signs of Mold

Molds often have an earthy discolored appearance. They appear in many colors, but are often white, gray, brown, or black.  Even if there is no earthy or moldy smell, if you see water stains (often water damage on ceilings, drywall, or wood), it is worth further inspection and repair. Again, do not try to address the issue without having the proper training, or hiring someone that does, so that residents in the apartment are protected.

Why Mold is Harmful

Molds cause allergies, inflammation, and infection. Mold’s depth and severity on one’s health varies with each individual. For example, it is more harmful to individuals with current health conditions, such as asthma or compromised immune systems (cancer patients, and any autoimmune conditions such as rheumatoid arthritis and HIV).

Stay Informed

California has released a lot of information about the mold issue – always stay informed. Beginning January 1, 2022, California’s rental housing providers will have to provide a booklet on mold to prospective residents.  The booklet, “Information on Dampness and Mold for Renters in California,” comes from the state Department of Public Health and is available for free to all members of the Apartment Association of Greater Los Angeles through the Legal Forms Library at www.AAGLA.org.

Kari Negri is the Chief Executive Officer of Sky Property Management and is a member of the Board of Directors of the Apartment Association of Greater Los Angeles.  Do you have a question for me?  Please send your questions and comments to me at Kari@SKYprop.LA.