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Housing Complaints
Housing complaints involve concerns about mold, plumbing leaks, water leaks, water supply, and heat, among other things. The Health District will only investigate housing complaints from the current occupants of a rental property, or from a close relative (i.e. father or mother) of the current occupants.
Once a tenant vacates a rental unit any health nuisance conditions which were the result of mold, water leaks, plumbing leaks, and so forth are considered to be abated. In such cases, a dwelling which is vacant is not a health nuisance so long as no one is living in it, but the landlord is required to make corrections before renting the unit again. If the rental unit becomes re-occupied, and repairs have not been made, then it will be the responsibility of the new tenant to file another complaint.
Black mold is one of the most common health concerns today. There is no scientific evidence linking black mold to any adverse health effects. However, there is some anecdotal evidence which indicates that mold can aggravate asthma, and cause allergic reactions in people who are sensitive to mold. Those who do not have asthma, or are not sensitive to mold will be highly unlikely to suffer any adverse health effects, but mold inside the home should be removed wherever it is discovered because of the potential health risk. Mold in the outdoor environment cannot be controlled, and is not considered a health risk.
A mold complaint may be valid if there is major amount (> 1 sq. ft.) of visible black mold inside the home, or the odor of mold (a musty odor) is detectable inside the home. If there is visible mold, or an odor of mold in the home, then there may be a mold problem. If not, then there is no mold problem. Mold is present everywhere, but is not considered a health nuisance if it can�t be seen or smelled since the concentration would then be below a level that would normally pose a health risk.
If black mold is growing in a wall space, or some other place where it can�t be seen, then the sanitarian can take no action. If black mold is growing in a wall space, and there is no circulation of air between the wall space and the living space, then the mold will not affect the occupants, and therefore would not create a health nuisance.
The presence of mold, or a musty odor inside the home is sufficient evidence of a mold problem. It is not necessary to sample mold. Sampling mold provides no useful information. Since mold is always present, sampling results will always be positive. There is no need to differentiate between varieties of black mold; all varieties of black mold are assumed by the Health District to be "toxic". The Health District therefore does not sample mold, and is not equipped to sample mold.
Removal of visible black mold over one square foot in area is generally the responsibility of the landlord, whereas removal of mold less than one square foot in area is the responsibility of the tenant. The removal of mold on door frames, window frames, window sills, on bathtub caulk, or bathroom tiles is a normal housekeeping chore, and is the tenant�s responsibility. The growth of mold on window frames, bathroom tiles, and so forth is more or less normal. Once mold is removed from these items it is likely to return within days, weeks, or months, depending on moisture conditions, and housekeeping practices.
Proper procedures should be followed when removing mold. When removing mold from hard surfaces, the affected area should first be thoroughly washed with detergent and water, then rinsed with clean water. The area should then be sanitized with a 10% solution of bleach in water, and allowed to air dry. Rubber gloves should be worn to protect the hands, and care should be taken when using bleach. A respirator is recommended if a major amount of mold is to be removed, or if the person doing the removal is sensitive to mold. If a major amount of mold is to be removed, then the work area should be sealed from the rest of the house, and other precautions taken to contain mold spores within the work area.
Mold requires water or moisture for growth. The key to controlling mold is controlling moisture. Water leaks should be eliminated, and indoor humidity should be controlled. Fish tanks, improperly vented clothes dryers, and unvented showers introduce large amounts of moisture into the air. These sources of moisture can be reduced, or eliminated entirely. A de-humidifier may be needed, especially in basements, and basement apartments.
Mold may grow behind furniture that has been placed too close to an outside wall. This happens because restricted air circulation causes condensation to form on the cool surface of an outside wall, and so promotes the growth of mold. Moving furniture about six inches away from the wall will prevent the growth of mold.
Soot from burning candles may also be deposited on cool surfaces, and the soot can be mistaken for mold. Burning only one or two candles per week can cause this to happen.
Mold will likely grow in closets or rooms that remain shut, and have restricted air circulation. Doors and vents should be left open to maintain air circulation, and prevent the growth of mold. Unheated rooms and houses are likely to develop serious mold problems. If a tenant causes a mold problem in a rental unit because rooms are left shut and unheated, or for some other reason, then it is the tenant�s responsibility to abate the nuisance.
Plumbing leaks are another common health concern. The owner of a property is responsible for continuously maintaining all toilet fixtures, water supplies to fixtures, waste pipes from fixtures, sewer lines, and other containers or conductors of sewage or water in good operating condition, free from obstruction or leakage. It is the tenants responsibility to keep the toilet compartment, and all of it�s fixtures clean.
The owner of a rental property is required to provide an adequate supply of potable water to the tenants. A property owner cannot rent a dwelling that does not have an adequate supply of water. The owner cannot shut off a water supply, or cause it to be shut off except for needed repairs, and the owner must notify the occupants in advance that the water will be shut off.
It is the responsibility of the property owner to provide an adequate source of heat. Heating facilities must be maintained in safe and good working condition, capable of providing a temperature of 68 degrees Fahrenheit under ordinary winter conditions. If the heating facilities are inadequate, or stop working entirely, then the owner of the rental property is required to provide an alternative source of heat to the tenants.
Dilapidated buildings can have an unpleasing appearance, but are not necessarily a health concern. Mold and algae on the outside of a building does not create a health nuisance. A building which needs painting, or repairs to the gutters and soffits does not create a health nuisance. The Health District does not require that items such as interior doors, cabinets, light fixtures, and wall plates be maintained in good condition. The owner is responsible for repairing water leaks in the structure of an occupied dwelling, such as roof leaks or foundations leaks. An unsafe structure can create a safety concern, and the Health District may require repair or removal of an unsafe structure.
The Health District does not regulate household appliances such as stoves, refrigerators, or air-conditioning units, and does not require that these items be maintained in working condition. The Health District does not regulate smoke detectors, and does not require them to be maintained in working condition where present. The Health District does not require the replacement of personal property which has been damaged as the result of a health nuisance condition.
The Health District does not typically investigate housing complaints submitted by the owner of a private residence in which the owner resides. Homeowners are responsible for their own health and safety inside their home. The Health District does not provide indoor environmental assessments to homeowners, but does provide free information to property owners and others regarding health related housing concerns.
If more information about mold, and indoor air quality issues is needed visit the California Department of Health Services website, the New York City Department of Health, the U.S. EPA, or call the Ohio Department of Health, Indoor Environment Section at 1-614-644-7630.