EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0856*
SENATE BILL 856
M3, N1 5lr2629
By: Senator Henson
Introduced and read first time: January 28, 2025
Assigned to: Judicial Proceedings and Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 25, 2025
CHAPTER ______
AN ACT concerning 1
Mold – Landlord Requirements and Regulations 2
(Maryland Tenant Mold Protection Act) 3
FOR the purpose of requiring the Department of the Environment, the Maryland 4
Department of Health, the Department of Housing and Community Development, 5
the Maryland Department of Labor, and the Department of General Services to 6
develop a certain pamphlet and website; requiring a landlord to provide a tenant 7
with certain information at certain times and in a certain manner; requiring a 8
landlord to perform certain tasks within a certain time upon receiving a certain 9
notice; requiring the Department of the Environment, in consultation with the 10
Maryland Department of Health, the Department of Housing and Community 11
Development, and the Department of General Services, to adopt certain regulations 12
on or before a certain date establishing uniform standards for mold assessment and 13
remediation and reinforcing building codes; and generally relating to mold 14
prevention, assessment, and remediation. 15
BY adding to 16
Article – Environment 17
Section 6–1702 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2024 Supplement) 20
BY adding to 21
Article – Real Property 22
Section 8–121 23 2 SENATE BILL 856
Annotated Code of Maryland 1
(2023 Replacement Volume and 2024 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Environment 5
6–1702. 6
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(2) “DAMPNESS” MEANS ABNORMAL MOIST URE IN THE INTERIOR OF 9
A FACILITY, INCLUDING: 10
(I) EXCESSIVE HUMIDITY LE VELS; 11
(II) LINGERING CONDENSATIO N; 12
(III) LEAKS; 13
(IV) WATER DAMAGE ; AND 14
(V) MUSTY OR MOLDY ODORS . 15
(3) (I) “MOLD” MEANS A FORM OF MULT ICELLULAR FUNGI THAT 16
LIVES: 17
1. ON PLANT OR ANIMAL MA TTER; OR 18
2. IN AN INDOOR ENVIRONM ENT. 19
(II) “MOLD” INCLUDES: 20
1. ALTERNARIA; 21
2. ASPERGILLUS; 22
3. CLADOSPORIUM ; 23
4. FUSARIUM; 24
5. MEMNONIELLA ; 25
SENATE BILL 856 3
6. MUCOR; 1
7. PENICILLIUM; 2
8. STACHYBOTRYS CHARTARU M; AND 3
9. TRICHODERMA . 4
(4) “MOLD REMEDIATION ” MEANS: 5
(I) REMOVING, CLEANING, SANITIZING, DEMOLISHING , OR ANY 6
OTHER TREATMENT PERF ORMED TO ADDRESS A M OLD HAZARD , MOLD, OR 7
DAMPNESS; OR 8
(II) ABATEMENT OF THE UNDE RLYING CAUSE OF A MO LD 9
HAZARD, MOLD, OR DAMPNESS . 10
(B) THE DEPARTMENT , IN COORDINATION WITH THE MARYLAND 11
DEPARTMENT OF HEALTH, THE DEPARTMENT OF HOUSING AND COMMUNITY 12
DEVELOPMENT , THE MARYLAND DEPARTMENT OF LABOR, AND THE DEPARTMENT 13
OF GENERAL SERVICES, SHALL DEVELOP AND UP DATE AS NECESSARY : 14
(1) A CENTRALIZED WEBSITE PROVIDING INFORMATIO N ABOUT 15
MOLD REMEDIATION AND DAMPNESS; AND 16
(2) SUBJECT TO SUBSECTION (C) OF THIS SECTION , AN 17
INFORMATIONAL PAMPHL ET ON MOLD THAT INCL UDES: 18
(I) RESOURCES IN THE STATE RELATING TO MOL D; AND 19
(II) HOW TENANTS CAN CONTR OL MOLD GROWTH IN TH EIR 20
UNIT. 21
(C) INSTEAD OF DEVELOPING A PAMPHLET UNDER SUB SECTION (B)(2) OF 22
THIS SECTION , THE DEPARTMENT MAY USE TH E U.S. ENVIRONMENTAL 23
PROTECTION AGENCY’S “BRIEF GUIDE TO MOLD, MOISTURE AND YOUR HOME” 24
PAMPHLET. 25
Article – Real Property 26
8–121. 27
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29
4 SENATE BILL 856
(2) “MOLD” HAS THE MEANING STAT ED IN § 6–1702 OF THE 1
ENVIRONMENT ARTICLE. 2
(3) “MOLD ASSESSMENT ” MEANS: 3
(I) AN INSPECTION, AN INVESTIGATION , OR A SURVEY OF A 4
DWELLING OR OTHER ST RUCTURE TO PROVIDE I NFORMATION TO THE OW NER 5
REGARDING THE PRESEN CE, IDENTIFICATION, OR EVALUATION OF MOL D; 6
(II) THE DEVELOPMENT OF A MOLD MANAGEMENT PLAN ; OR 7
(III) THE COLLECTION OR ANA LYSIS OF A MOLD SAMP LE. 8
(4) “MOLD REMEDIATION ” HAS THE MEANING STAT ED IN § 6–1702 OF 9
THE ENVIRONMENT ARTICLE. 10
(B) A LANDLORD SHALL : 11
(1) PROVIDE THE PAMPHLET DEVELOPED OR USED UN DER § 6–1702 12
OF THE ENVIRONMENT ARTICLE TO EACH TENAN T IN A RENTAL UNIT O N THE 13
LANDLORD’S PROPERTY: 14
(I) AT THE TIME THE LEASE OR RENTAL AGREEMENT IS 15
SIGNED; AND 16
(II) EVERY 2 YEARS THEREAFTER ON REQUEST BY A TENAN T OF 17
THE RENTAL UNIT ; AND 18
(2) REQUEST THAT A TENANT SIGN A STATEMENT ACK NOWLEDGING 19
RECEIPT OF THE PAMPH LET. 20
(C) (1) A LANDLORD SHALL PERFO RM A MOLD ASSESSMENT AND MOLD 21
REMEDIATION WITHIN 45 DAYS WITHIN 15 DAYS AFTER RECEIPT OF A WRITTEN 22
NOTICE REGARDING THE DETECTION OF MOLD FR OM: 23
(I) THE APPLICABLE LOCAL AGENCY ENFORCING HOU SING 24
AND LIVABILITY CODES ; OR 25
(II) A TENANT OR BUILDING O CCUPANT. 26
(2) IF THE ASSESSMENT IN PARAGRAPH (1) OF THIS SUBSECTION 27
DETECTS MO LD, A LANDLORD SHALL : 28
SENATE BILL 856 5
(I) PERFORM MOLD REMEDIAT ION WITHIN 45 DAYS AFTER THE 1
ASSESSMENT IS COMPLE TED; OR 2
(II) IF PERFORMING MOLD RE MEDIATION WITHIN THE TIME 3
FRAME SPECIFIED IN I TEM (I) OF THIS PARAGRAPH IS NOT FEASIBLE , WITHIN A 4
REASONABLE TIME AFTER THE ASSESSMENT IS COMPLETED . 5
(3) A LANDLORD SHALL ENSUR E THAT THE MOLD ASSE SSMENT AND 6
MOLD REMEDIATION UND ER PARAGRAPH (1) PARAGRAPHS (1) AND (2) OF THIS 7
SUBSECTION FOLLOWS T HE RECOMMENDED INDUS TRY GUIDELINES AND B EST 8
PRACTICES AND STATE AND LOCAL LAWS AND REGULATIONS . 9
(D) A LANDLORD SHALL : 10
(1) COMMUNICATE WITH OCCU PANTS DURING A MOLD ASSESSMENT 11
AND MOLD REMEDIATION UNDER SUBSECTION (C) OF THIS SECTION TO P ROVIDE 12
UPDATES AND RELEVANT INFORMATION ; 13
(2) ENSURE PROPER VENTILA TION IN THE PROPERTY; 14
(3) ENSURE LOW INDOOR REL ATIVE HUMIDITY IN TH E PROPERTY; 15
AND 16
(4) MAINTAIN THE PROPERTY IN ACCORDANCE WITH A LL 17
APPLICABLE FEDERAL , STATE, AND LOCAL RESIDENTIA L HOUSING AND BUILDI NG 18
CODES, STANDARDS, REGULATIONS , RULES, AND REQUIREMENTS PER TAINING TO 19
MINIMUM LIVABILITY U NDER § 12–203 OF THE PUBLIC SAFETY ARTICLE. 20
SECTION 2. AND BE IT FURTHER ENACTED, That: 21
(a) (1) In this section the following words have the meanings indicated. 22
(2) “Dampness” means abnormal moisture in the interior of a facility, 23
including: 24
(i) excessive humidity levels; 25
(ii) lingering condensation; 26
(iii) leaks; 27
(iv) water damage; and 28
(v) musty or moldy odors. 29
6 SENATE BILL 856
(3) (i) “Mold” means a form of multicellular fungi that lives: 1
1. on plant or animal matter; or 2
2. in an indoor environment. 3
(ii) “Mold” includes: 4
1. Alternaria; 5
2. Aspergillus; 6
3. Cladosporium; 7
4. Fusarium; 8
5. Memnoniella; 9
6. Mucor; 10
7. Penicillium; 11
8. Stachybotrys chartarum; and 12
9. Trichoderma. 13
(4) “Mold assessment” means: 14
(i) an inspection, an investigation, or a survey of a dwelling or other 15
structure to provide information to the owner regarding the presence, identification, or 16
evaluation of mold; 17
(ii) the development of a mold management plan; or 18
(iii) the collection or analysis of a mold sample. 19
(5) “Mold hazard” means an adverse human health effect associated with 20
mold exposure, including: 21
(i) allergic reactions; 22
(ii) asthma; and 23
(iii) any other respiratory complaints. 24
(6) “Mold remediation” means: 25
SENATE BILL 856 7
(i) removing, cleaning, sanitizing, demolishing, or any other 1
treatment performed to address a mold hazard, mold, or dampness; or 2
(ii) abatement of the underlying cause of a mold hazard, mold, or 3
dampness. 4
(b) On or before June 1, 2027, the Department of the Environment, in 5
consultation with the Maryland Department of Health, the Department of Housing and 6
Community Development, and the Department of General Services, shall adopt regulations 7
establishing uniform standards for mold assessment and mold remediation. 8
(c) The regulations adopted under this section shall: 9
(1) establish standards for: 10
(i) identifying and evaluating the presence of mold, including visible 11
mold inspection and testing; 12
(ii) mold air sample analyses in accordance with the standards of: 13
1. the Environmental Microbiology Laboratory Accreditation 14
Program at the American Industrial Hygiene Association; 15
2. the American Indoor Air Quality Council; or 16
3. any other nationally recognized accreditation entity that 17
operates independently of industry trade associations; 18
(iii) bulk or surface mold sample analyses conducted in accordance 19
with the standards of: 20
1. the American Industrial Hygiene Association; 21
2. the American Conference of Governmental Industrial 22
Hygienists; or 23
3. a similar nationally recognized professional organization; 24
(iv) visible mold inspections to assess the presence of any visible 25
water damage or dampness on surfaces, including ceiling tiles and gypsum wallboard; 26
(v) mold remediation in accordance with the U.S. Environmental 27
Protection Agency’s 2008 “Mold Remediation in Schools and Commercial Buildings” 28
guidelines as revised and updated; and 29
(vi) reinforcing building codes; and 30
8 SENATE BILL 856
(2) establish a risk reduction standard for mold hazards. 1
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 2
1, 2025. 3
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.