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.
Italics indicate opposite chamber/conference committee amendments.
*sb0856*
SENATE BILL 856
M3, N1 (5lr2629)
ENROLLED BILL
— Judicial Proceedings and Education, Energy, and the Environment/Environment
and Transportation —
Introduced by Senator Henson
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 856
remediation and reinforcing building codes; and generally relating to mold 1
prevention, assessment, and remediation. 2
BY adding to 3
Article – Environment 4
Section 6–1702 5
Annotated Code of Maryland 6
(2013 Replacement Volume and 2024 Supplement) 7
BY adding to 8
Article – Real Property 9
Section 8–121 8–220 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Environment 15
6–1702. 16
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(2) “DAMPNESS” MEANS ABNORMAL MOIST URE IN THE INTERIOR OF 19
A FACILITY, INCLUDING: 20
(I) EXCESSIVE HUMIDITY LE VELS; 21
(II) LINGERING CONDENSATIO N; 22
(III) LEAKS; 23
(IV) WATER DAMAGE ; AND 24
(V) MUSTY OR MOLDY ODORS . 25
(3) (I) “MOLD” MEANS A FORM OF MULT ICELLULAR FUNGI THAT 26
LIVES: 27
1. ON PLANT OR ANIMAL MA TTER; OR 28
2. IN AN INDOOR ENVIRONM ENT. 29
SENATE BILL 856 3
(II) “MOLD” INCLUDES: 1
1. ALTERNARIA; 2
2. ASPERGILLUS; 3
3. CLADOSPORIUM ; 4
4. FUSARIUM; 5
5. MEMNONIELLA ; 6
6. MUCOR; 7
7. PENICILLIUM; 8
8. STACHYBOTRYS CHARTARU M; AND 9
9. TRICHODERMA . 10
(4) “MOLD REMEDIATION ” MEANS: 11
(I) REMOVING, CLEANING, SANITIZING, DEMOLISHING , OR ANY 12
OTHER TREATMENT PERF ORMED TO ADDRESS A M OLD HAZARD , MOLD, OR 13
DAMPNESS; OR 14
(II) ABATEMENT OF THE UNDE RLYING CAUSE OF A MO LD 15
HAZARD, MOLD, OR DAMPNESS . 16
(B) THE DEPARTMENT , IN COORDINATION WITH THE MARYLAND 17
DEPARTMENT OF HEALTH, THE DEPARTMENT OF HOUSING AND COMMUNITY 18
DEVELOPMENT , THE MARYLAND DEPARTMENT OF LABOR, AND THE DEPARTMENT 19
OF GENERAL SERVICES, SHALL DEVELOP AND UP DATE AS NECESSARY : 20
(1) A CENTRALIZED WEBSITE PROVIDING INFORMATIO N ABOUT 21
MOLD REMEDIATION AND DAMPNESS; AND 22
(2) SUBJECT TO SUBSECTION (C) OF THIS SECTION , AN 23
INFORMATIONAL PAMPHL ET ON MOLD THAT INCL UDES: 24
(I) RESOURCES IN THE STATE RELATING TO MOL D; AND 25
(II) HOW TENAN TS CAN CONTROL MOLD GROWTH IN THEIR 26
UNIT. 27 4 SENATE BILL 856
(C) INSTEAD OF DEVELOPING A PAMPHLET UNDER SUB SECTION (B)(2) OF 1
THIS SECTION , THE DEPARTMENT MAY USE TH E U.S. ENVIRONMENTAL 2
PROTECTION AGENCY’S “BRIEF GUIDE TO MOLD, MOISTURE AND YOUR HOME” 3
PAMPHLET. 4
Article – Real Property 5
8–121. 8–220. 6
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(2) “MOLD” HAS THE MEANING STAT ED IN § 6–1702 OF THE 9
ENVIRONMENT ARTICLE. 10
(3) “MOLD ASSESSMENT ” MEANS: 11
(I) AN INSPECTION, AN INVESTIGATION , OR A SURVEY OF A 12
DWELLING OR OTHER ST RUCTURE TO PROVIDE I NFORMATION TO THE OW NER 13
REGARDING THE PRESEN CE, IDENTIFICATION , OR EVALUATION OF MOL D; 14
(II) THE DEVELOPMENT OF A MOLD MANAGEMENT PLAN ; OR 15
(III) THE COLLECTION OR ANA LYSIS OF A MOLD SAMP LE. 16
(4) “MOLD REMEDIATION ” HAS THE MEANING STAT ED IN § 6–1702 OF 17
THE ENVIRONMENT ARTICLE. 18
(B) A LANDLORD SHALL : 19
(1) PROVIDE THE PAMPHLET DEVELOPED OR USED UN DER § 6–1702 20
OF THE ENVIRONMENT ARTICLE TO EACH TENAN T IN A RENTAL UNIT O N THE 21
LANDLORD’S PROPERTY: 22
(I) AT THE TIME THE LEASE OR RENTAL AGREEMENT IS 23
SIGNED; AND 24
(II) EVERY 2 YEARS THEREAFTER ON REQUEST BY A TENAN T OF 25
THE RENTAL UNIT ; AND 26
(2) REQUEST THAT A TENANT SIGN A STATEMENT ACK NOWLEDGING 27
RECEIPT OF THE PAMPH LET. 28
SENATE BILL 856 5
(C) (1) A LANDLORD SHALL PERFO RM A MOLD ASSESSMENT AND MOLD 1
REMEDIATION WITHIN 45 DAYS WITHIN 15 DAYS AFTER RECEIPT OF A W RITTEN 2
NOTICE REGARDING THE DETECTION OF MOLD FR OM: 3
(I) THE APPLICABLE LOCAL AGENCY ENFORCING HOU SING 4
AND LIVABILITY CODES ; OR 5
(II) A TENANT OR BUILDING O CCUPANT. 6
(2) IF THE ASSESSMENT IN PARAGRAPH (1) OF THIS SUBSECTION 7
DETECTS MOLD , A LANDLORD SHALL : 8
(I) PERFORM MOLD REMEDIAT ION WITHIN 45 DAYS AFTER THE 9
ASSESSMENT IS COMPLE TED; OR 10
(II) IF PERFORMING MOLD RE MEDIATION WITHIN THE TIME 11
FRAME SPECIFIED IN I TEM (I) OF THIS PARAGRAPH IS NOT FEASIBLE , WITHIN A 12
REASONABLE TIME AFTE R THE ASSESSMENT IS COMPLETED . 13
(3) A LANDLORD SHALL ENSUR E THAT THE MOLD ASSE SSMENT AND 14
MOLD REMEDIATION UND ER PARAGRAPH (1) PARAGRAPHS (1) AND (2) OF THIS 15
SUBSECTION FOLLOWS T HE RECOMMENDED INDUS TRY GUIDELINES AND B EST 16
PRACTICES AND STATE AND LOCAL LAWS AND REGULATIONS . 17
(D) A LANDLORD SHALL : 18
(1) COMMUNICATE WITH OCCU PANTS DURING A MOLD ASSESSMENT 19
AND MOLD REMEDIATION UNDER SUBSECTION (C) OF THIS SECTION TO P ROVIDE 20
UPDATES AND RELEVANT INFORMATION ; 21
(2) ENSURE PROPER VENTILA TION IN THE PROPERTY ; 22
(3) ENSURE LOW INDOOR REL ATIVE HUMIDITY IN TH E PROPERTY; 23
AND 24
(4) MAINTAIN THE PROPERTY IN ACCORDANCE WITH A LL 25
APPLICABLE FEDERAL , STATE, AND LOCAL RESIDENTIA L HOUSING AND BUILDI NG 26
CODES, STANDARDS, REGULATIONS , RULES, AND REQUIREMENTS PER TAINING TO 27
MINIMUM LIVABILITY U NDER § 12–203 OF THE PUBLIC SAFETY ARTICLE. 28
(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 29
NOTHING IN THIS SECT ION MAY BE CONSTRUED TO REQUIRE A LOCAL G OVERNMENT 30
OR LOCAL HEALTH DEPA RTMENT TO CONDUCT A MOLD ASSESSMENT OR M OLD 31
REMEDIATION . 32 6 SENATE BILL 856
(2) IF A LOCAL GOVERNMENT OWNS OR MANAGES A RE SIDENTIAL 1
PROPERTY, THE LOCAL GOVERNMENT OR LOCAL HOUSING AUT HORITY SHALL 2
COMPLY WITH THIS SEC TION WITH RESPECT TO THE RESIDENTIAL PROP ERTY. 3
SECTION 2. AND BE IT FURTHER ENACTED, That: 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “Dampness” means abnormal moisture in the interior of a facility, 6
including: 7
(i) excessive humidity levels; 8
(ii) lingering condensation; 9
(iii) leaks; 10
(iv) water damage; and 11
(v) musty or moldy odors. 12
(3) (i) “Mold” means a form of multicellular fungi that lives: 13
1. on plant or animal matter; or 14
2. in an indoor environment. 15
(ii) “Mold” includes: 16
1. Alternaria; 17
2. Aspergillus; 18
3. Cladosporium; 19
4. Fusarium; 20
5. Memnoniella; 21
6. Mucor; 22
7. Penicillium; 23
8. Stachybotrys chartarum; and 24
SENATE BILL 856 7
9. Trichoderma. 1
(4) “Mold assessment” means: 2
(i) an inspection, an investigation, or a survey of a dwelling or other 3
structure to provide information to the owner regarding the presence, identification, or 4
evaluation of mold; 5
(ii) the development of a mold management plan; or 6
(iii) the collection or analysis of a mold sample. 7
(5) “Mold hazard” means an adverse human health effect associated with 8
mold exposure, including: 9
(i) allergic reactions; 10
(ii) asthma; and 11
(iii) any other respiratory complaints. 12
(6) “Mold remediation” means: 13
(i) removing, cleaning, sanitizing, demolishing, or any other 14
treatment performed to address a mold hazard, mold, or dampness; or 15
(ii) abatement of the underlying cause of a mold hazard, mold, or 16
dampness. 17
(b) On or before June 1, 2027, the Department of the Environment, in 18
consultation with the Maryland Department of Health, the Department of Housing and 19
Community Development, and the Department of General Services, shall adopt regulations 20
establishing uniform standards for mold assessment and mold remediation. 21
(c) The regulations adopted under this section shall: 22
(1) establish standards for: 23
(i) identifying and evaluating the presence of mold, including visible 24
mold inspection and testing; 25
(ii) mold air sample analyses in accordance with the standards of: 26
1. the Environmental Microbiology Laboratory Accreditation 27
Program at the American Industrial Hygiene Association; 28
2. the American Indoor Air Quality Council; or 29 8 SENATE BILL 856
3. any other nationally recognized accreditation entity that 1
operates independently of industry trade associations; 2
(iii) bulk or surface mold sample analyses conducted in accordance 3
with the standards of: 4
1. the American Industrial Hygiene Association; 5
2. the American Conference of Governmental Industrial 6
Hygienists; or 7
3. a similar nationally recognized professional organization; 8
(iv) visible mold inspections to assess the presence of any visible 9
water damage or dampness on surfaces, including ceiling tiles and gypsum wallboard; 10
(v) mold remediation in accordance with the U.S. Environmental 11
Protection Agency’s 2008 “Mold Remediation in Schools and Commercial Buildings” 12
guidelines as revised and updated; and 13
(vi) reinforcing building codes; and 14
(2) establish a risk reduction standard for mold hazards. 15
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
1, 2025. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.