Mold contamination in residential and commercial buildings poses serious health risks—and in California, the Toxic Mold Protection Act of 2001 (SB 732) was enacted to address this growing concern. The law was designed to establish standards for mold assessment, remediation, disclosure, and public education. But more than two decades later, many of its goals remain unfulfilled. This article breaks down what the Act covers, how it’s been implemented, and where it falls short in protecting California residents from toxic mold exposure.
Background and Purpose of the Act
The Toxic Mold Protection Act of 2001, codified in California Health & Safety Code §§ 26100–26156, was passed in response to increasing reports of mold-related illnesses and property damage. Its primary objectives were to:
- Develop permissible exposure limits (PELs) for indoor mold
- Create assessment and remediation standards
- Require disclosure of mold hazards in real estate transactions
- Establish public education programs on mold prevention and health effects
- Convene a task force of experts and stakeholders to guide implementation
The Act designated the California Department of Health Services (now CDPH) as the lead agency responsible for carrying out these mandates.
What the Act Covers
1. Disclosure Requirements
Property owners, sellers, and landlords must disclose:
- Known mold contamination that exceeds safe exposure limits
- Chronic water intrusion or flooding conditions
- Visible mold growth that may pose a health threat
These disclosures are required in residential leases, rental agreements, and real estate transactions involving up to four dwelling units.
2. Public Education
The Act directed CDPH to produce consumer-oriented materials. As of January 1, 2022, California landlords are required to provide tenants with the booklet titled “Information on Dampness and Mold for Renters in California”, which outlines:
- Health effects of mold
- Prevention strategies
- Tenant rights and landlord responsibilities
This booklet is now part of the California Apartment Association’s standard lease package.
3. Mold as a Substandard Housing Condition
Under California Housing Code § 17920.3, mold is now recognized as a condition that renders housing substandard. Specifically:
- Visible mold growth that endangers occupant health
- Dampness in habitable rooms
- Mold cited by a code enforcement officer or health officer
Landlords must remediate mold promptly or face enforcement actions.
Where the Act Falls Short
Despite its ambitious goals, the Toxic Mold Protection Act has several critical shortcomings:
1. No Permissible Exposure Limits (PELs)
The Act directed CDPH to establish health-based PELs for indoor mold. However, in its 2005 report to the Legislature, CDPH concluded that:
- Scientific evidence was insufficient to support specific PELs
- Mold exposure varies widely by species, environment, and individual sensitivity
- Air sampling and spore counts are unreliable indicators of health risk2
To date, no enforceable PELs have been adopted—leaving a major gap in regulatory enforcement.
2. No Mandatory Remediation Standards
While the Act called for remediation guidelines, CDPH has not issued binding standards. Instead, it refers to general best practices from:
- The U.S. Environmental Protection Agency (EPA)
- New York City Department of Health
- American Industrial Hygiene Association
This lack of uniform standards creates confusion for landlords, tenants, and contractors.
3. Limited Enforcement Mechanisms
The Act does not grant CDPH enforcement authority. Instead, it relies on:
- Local code enforcement agencies to cite substandard housing
- Civil litigation by affected tenants or buyers
- Voluntary compliance by property owners
This decentralized approach often leaves tenants without timely remedies—especially in jurisdictions with limited resources.
Legal Implications for Tenants and Property Owners
Despite the Act’s limitations, California tenants and buyers still have legal options:
- Tenants may sue for breach of the warranty of habitability, negligence, or constructive eviction
- Buyers may pursue claims for failure to disclose known mold hazards
- Landlords may face fines, repair orders, or lawsuits if they ignore mold complaints
A qualified California toxic mold lawyer can help evaluate claims, gather evidence, and pursue compensation for health-related damages.
Real-Life Example
A tenant in Riverside County developed chronic sinus infections and asthma after repeated exposure to mold in her apartment. Despite multiple complaints, the landlord failed to fix a leaking roof. The tenant’s attorney cited violations of the Housing Code and the Toxic Mold Protection Act. The case settled for $275,000, covering medical expenses, relocation costs, and emotional distress.
What Tenants Should Do
If you suspect mold in your rental unit:
- Document the issue with photos and written complaints
- Request repairs in writing and keep copies
- Contact local code enforcement for an inspection
- Seek medical attention and retain records
- Consult a California toxic mold lawyer to explore legal options
Prompt action helps preserve evidence and strengthens your case.
Final Thoughts
The Toxic Mold Protection Act of 2001 was a landmark effort to address mold hazards in California housing. While it succeeded in raising awareness and establishing disclosure requirements, it fell short in delivering enforceable standards and centralized enforcement. Tenants and property owners must rely on local agencies and civil courts to resolve mold disputes. If you’ve suffered health problems or property damage due to mold, legal help is available—and a skilled attorney can guide you through the process.
References
- California Health & Safety Code §§ 26100–26156. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=105.&part=5.&chapter=18
- California Housing Code § 17920.3. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=17920.3
- California Department of Public Health – Mold and Dampness Overview
- Check for Mold – Summary of the Toxic Mold Protection Act
- California Tenant Law – Toxic Mold Legal Provisions
- Legal Awareness – Mold Laws in California Explained
- CDPH – Report to the Legislature on Implementation of the Toxic Mold Protection Act
