File a Complaint
Housing complaints commonly include concerns about mold, water/plumbing leaks, water supply, and heat. The Health District investigates housing complaints at rental properties, but not at owner occupied properties. A complaint from a current occupant is required. The Health District will not accept a housing complaint from a former occupant due to legal and practical issues.
Once a rental unit is vacated most nuisance conditions which were valid when the unit was occupied are considered to be abated. A dwelling with a mold problem, for instance, is not a health nuisance if no-one is living in it. However, a landlord should correct problems before re-renting the unit. If problems have not been corrected, then it is up to the next tenant to file a complaint.
Dilapidated buildings look unsightly, but this does not create a health nuisance issue. The Health District cannot address concerns about paint, siding, gutters, or other matters relating to aesthetic issues or property values. The Health District can order the repair or removal of an unsafe structure. Many items are not regulated by the Health District and concerns over these items are between the tenant and the landlord. You may contact the Building Department to investigate these concerns.
The Health District does not regulate items such as appliances, air-conditioning units, or smoke detectors, and does not require that these items be provided or maintained in working condition. The Health District does not require the replacement of personal property which has been damaged by water infiltration, mold, or other conditions, and does not require that items such as doors, cabinets, and other interior fixtures be maintained in good condition.
Mold Issues
Mold Consultants and Hygenists (pdf)
A major amount (> 10 sq. ft.) of visible black mold in the living spaces of a dwelling, and an odor of mold (a musty odor) in the living spaces indicates a mold problem. If mold can neither be seen, or smelled then the concentration is below a level that would pose a health risk to a normal, healthy person, and the Health District can take no action.
The Health District does not sample for mold. A sanitarian determines if there is a mold problem visually, and by odor. If there is mold behind a wall or in a ceiling cavity where it cannot be seen or smelled then it does not pose a health risk, and its removal cannot be ordered. Mold growing in a wall space does not pose a health risk as long as there is no circulation of air between the wall space and the living space, such as would be produced by a hole.
Areas of a dwelling such as unfinished basements, attics, and garages are not considered living spaces. Mold in these areas does not normally create a health nuisance issue. Mold (and algae) on the outside of a building is not a health nuisance issue. Mold in the outdoor environment cannot be controlled, and is not regulated.
Removal of visible black mold over ten square feet in area is generally the responsibility of the landlord, whereas removal of mold less than ten square feet in area is the responsibility of the tenant. The removal of mold from door frames, window frames, window sills, and bathroom fixtures is a normal housekeeping chore, and is the tenant’s responsibility. If a tenant creates a situation where mold is allowed to develop, then it is the tenant’s responsibility to remove the mold.
Mold may grow behind furniture that has been placed too close to an outside wall. Restricted air circulation causes condensation to remain on the wall which promotes the growth of mold. Furniture should be moved about six inches away from walls to prevent this from happening.
Soot from burning candles may be deposited on cool surfaces, and mistaken for mold. Burning only one candle per week can cause this to happen. Removal of soot and other dirt on wall surfaces is a normal housekeeping chore, and is the tenant’s responsibility.
Mold may grow in closets or rooms that remain shut, have restricted air circulation, or are inadequately heated. Doors and vents should be left open to maintain air circulation, and prevent the growth of mold. Clothes dryers should be vented to the outside. Crawlspace vents should remain open.
When removing mold from hard surfaces, the affected area should first be thoroughly cleaned with detergent and water, then rinsed with clean water. The area can then be sanitized with a 10% solution of bleach in water. Care should be taken when using bleach: wear rubber gloves, and provide adequate ventilation, or wear a respirator.
The key to controlling mold is controlling moisture. Water leaks should be eliminated, and indoor humidity reduced. Fish tanks, improperly vented clothes dryers, and unvented showers introduce large amounts of moisture into the air. These sources of moisture can be controlled, or eliminated. A de-humidifier is recommended for basements and basement apartments.
The Health District does not require mold removal or remediation in owner occupied dwellings. Mold removal is not required in vacant dwellings.
Additional Resources
Water/Plumbing Leaks
Repair of plumbing leaks, roof leaks, foundation leaks, and other leaks are the responsibility of the landlord. The property owner 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 tenant’s responsibility to clean bathrooms and all bathroom fixtures.
Leaky basements and crawlspaces are common. A leaking basement or crawlspace is not a health nuisance issue as long as water does not accumulate. The Health District requires that below-grade areas of a dwelling be kept free of accumulations of water or sewage. Small puddles of water would not be considered a violation. Accumulations of water must be pumped out immediately, and conditions altered so that further accumulations are prevented. Sump pumps are recommended where needed, and should be maintained in good operating condition.
Water Supply
Owners of rental properties are required to provide an adequate supply of potable water to tenants. A property owner may not rent a dwelling that does not have an adequate supply of potable 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.
If water has been shut off due to non-payment of water bills the Health District cannot order the water company to resume water service. If water service is in the tenant’s name then it is the tenant’s responsibility to pay the water bill, and the Health District cannot order a landlord to pay it.
The Health District does not require homeowners to provide an adequate supply of potable water for themselves.
Heating Issues
It is the responsibility of the property owner to provide an adequate source of heat, as well as maintain heating facilities in safe and good working condition, capable of providing a temperature of 68 degrees Fahrenheit under ordinary winter conditions. If heating facilities in a rental unit are inadequate or break down the owner is required to provide an alternative source of heat.
In situations where tenants normally provide fuel for themselves, such as in single family dwellings, the Health District cannot order a landlord to pay for fuel.
The Health District does not require homeowners to provide an adequate source of heat for themselves.
Updated: 07/13/2011 E.Ratcliff