What should you do if your MHK apartment has mold?
Believe it or not, Kansas law says your apartment can have certain types of mold growing in it and still be deemed perfectly livable. This is because Kansas and the Manhattan City Law do not specifically address mold growth. It simply requires that a property be 'safe and habitable'. That means that it is perfectly fine if you have certain types of mold growing behind your cabinets or inside your walls as long as that mold has not been found 'to be a danger to human health' or toxic.
This creates a couple dilemmas for renters:
1. Just because a mold is not toxic, it doesn't mean someone can't be allergic to it. Allergy sufferers are tough out of luck in Manhattan. State and city laws do not have any provisions for them. If you are living in an apartment where you believe you are allergic to mold growth, it is best for you to work with the landlord to get out of your lease because at the end of the day your landlord has no obligation to help you out.
2. How do you find out if the mold growing in your apartment is toxic? Mold tests that can hold up in a court of law cost hundreds of dollars and your landlord is under no obligation to pay for one. You could call code services to look at the mold but they don't have the funding from the City of Manhattan to perform a mold test. So that leaves it up to you - the tenant. If you want to prove that the mold is toxic, you'll need to shell out hundreds of dollars for a proper test. What do you get rewarded with after your test proves the mold is toxic? Well you'll have to move. You'll need to pay a deposit on a new apartment, moving expenses and then fight to get your deposit back on your current moldy abode.
So what should you do?
Paul Shipp's primary advice to renters if they're facing a moldy situation at home, is to move. Living in a place where your allergic to mold growing in your walls is not great for your health and even if you payed for a mold test, the best case scenario is that you’ll will ultimately have to move. So save your money. Save your time. Save your health and move.