Sacramento Report

by Debra Carlton

What if a tenant just reported to you that he is sick and believes his illness is linked to the mold growing in his rental unit? Over the past several years, this type of complaint has become a reality for a growing number of residential and commercial property owners throughout California. Prior to this recent spate of complaints, these owners had never experienced mold-related environmental issues at their properties.

According to the Centers for Disease Control and Prevention, molds are very common in buildings and homes and will grow indoors anywhere where there is moisture. Mold spores may enter a home through open doorways, windows, or heating, ventilation, and air conditioning systems. Spores in the outside air attach themselves to people and animals, making clothing, shoes, bags, and pets convenient vehicles for carrying mold indoors. When mold spores drop on places where there is excessive moisture—for example where water leakage may have occurred in roofs, pipes, walls, plant pots, or where there has been flooding—they will grow. Many building materials provide nutrients that encourage mold growth. Wet cellulose materials, including paper and paper products, cardboard, ceiling tiles, wood and wood products, are particularly conducive to the growth of some molds. Other materials such as dust, paints, wallpaper, insulation materials, drywall, carpet, fabric, and upholstery commonly support mold growth.

There are many types of molds, and most of them are harmless. There are a number of molds, however, including Stachybotrys Chartarum, Penicillium, and Aspergillus, that can be dangerous to people who are exposed to extensive amounts.

According to Benchmark Environmental Consultants, a San Jose consulting firm, excessive rain has had a negative affect on our housing stock—both old and new. In some buildings, water leaks during excessive rains and lack of maintenance (or leaks that went unreported by tenants or previous owners) allowed mold to grow. In newer buildings, porous materials may not have been kept dry during construction, allowing mold to grow from the start. At the same time, newer buildings are more likely to be tightly sealed, which has the paradoxical effect of providing an agreeable environment for mold.

While exposure to high concentrations of toxic mold is not healthy for anyone, some people are more inclined than others to be negatively affected by toxic mold. Our population is living longer, and immune systems tend to weaken with age and become more aggravated by environmental toxins. Infants and children are also at higher risk, as are individuals whose immune systems are already compromised due to HIV, asthma, liver disease, etc.

Increased awareness (due to media and litigation) about toxic mold, coupled with fears about its impact on physical health, have caused many tenants to complain to property owners, medical personnel, local housing officials, and their lawyers. The California Department of Health Services provides some guidance for owners who are faced with toxic mold issues, including general cleanup procedures. Visit their web site The California Apartment Association, in conjunction with the Benchmark Environmental Services, has developed a new course on molds. The course gives an overview of the issue, explains how to investigate mold problems, and suggests techniques for dealing with them. See the education section of CAA’s web site to find a class near you.

CAA staff anticipates that a number of bills on mold will be introduced by lawmakers in Sacramento during the current legislative session. Such legislation may call for definitive regulations on the remediation of mold and/or disclosure requirements between seller and buyer or between owners and tenants. We will keep you posted on their introduction and movement.

The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the SF Apartment Magazine Debra L. Carltonis the vice president of policy and research for the California Apartment Association and is CAA's chief lobbyist, advocating association policies and positions at the legislative and regulatory levels of government in California.