Policy Resolution HSE-15-23

WHEREAS, according to the Institute of Medicine (IOM) there is sufficient evidence to link indoor exposure to mold with upper respiratory tract symptoms, cough, and wheeze in otherwise healthy people; with asthma symptoms in people with asthma; and with hypersensitivity pneumonitis in individuals susceptible to that immune-mediated condition;

WHEREAS, according to World Health Organization studies in several European countries, Canada, and the United States in 2004 indicated that at least 20% of buildings had one or more signs of dampness (Institute of Medicine, 2004);

WHEREAS, according to the Centers for Disease Control and Prevention, exposure to damp and moldy environments may cause a variety of health effects; and that indoor mold exposure can result in eye, skin, and nasal irritation; respiratory distress; allergic reactions; and chronic lung diseases;

WHEREAS, mold is any form of multicellular fungi that live on plant or animal matter and in indoor environments; and the types of mold include but are not limited to cladosporium, alternaria, aspergillus, trichoderma, memnoniella, mucor, and stachybotrys chartarum;

WHEREAS, certain forms of mold pose a severe and unacceptable risk to the environment and the health of people;

WHEREAS, indoor toxins, specifically toxic mold, represent an insufficiently understood health and environmental problem;

WHEREAS, numerous studies indicate there are likely health effects from mold spores, varying from cold-like symptoms to more serious symptoms, such as allergy and asthma outbreaks;

WHEREAS, mold toxins can have negative effects on humans when ingested, inhaled, or when they come in contact with the skin;

WHEREAS, these effects can have serious consequences for some population subgroups, especially infants, children, pregnant women, persons who are elderly, asthmatics, individuals with allergies, and individuals with compromised immune systems;

WHEREAS, healthcare professionals now acknowledge that molds can cause allergies, trigger asthma attacks, detrimentally affect the function of vital human organs, and increase susceptibility to colds and flu;

WHEREAS, even though not all molds are toxic, there are certain dangers molds present within buildings and structures; therefore, it is imperative that the toxicity of their presence be determined and a corresponding plan of action be implemented to address such hazards in buildings and structures;

WHEREAS, it is in the best interest of the public health, welfare, and safety to promote best practices concerning mitigation of toxic mold and the adverse health effects caused by this unique threat to public health; and

WHEREAS, when renting homes or workspaces, the lessor’s principal obligations are to deliver the premises to the lessee, to maintain the premises in a suitable condition, and to protect the lessee’s peaceful possession for the duration of the lease.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) calls on states to enact policies that require a lessor of any premises leased for residential purposes be certified that the premises is free of and/or sufficiently abated of toxic mold at the time of execution of the lease and to be responsible during the term of the lease for the timely repair, remediation, and removal of toxic mold on the premises;

BE IT FURTHER RESOLVED, that NBCSL urges Congress to examine legislation that would require a lessor of any premises leased for residential purposes to certify that the premises are free and/or sufficiently abated of toxic mold at the time of execution of the lease and to be responsible during the term of the lease for the timely repair, remediation, and removal of toxic mold on the premises; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

• SPONSOR: Representative Regina Ashford Barrow (LA)
• Committee of Jurisdiction: Housing Policy Committee
• Certified by Committee Chair: Representative Brenda Gilmore (TN)
• Ratified in Plenary Session: Ratification Date is December 12, 2014
• Ratification is certified by: Representative Joe Armstrong (TN), President