Legislation seeks mold inspections
Del. Shaneka Henson’s proposed bill would require the nearly 800 homes in the city’s public housing properties be checked annually by Maryland officials
Last month, Tameka Wright’s family was moved out of their Robinwood public housing unit and into a smaller one because pervasive mold that streaked across her walls made it uninhabitable.
Officials for the Housing Authority of the City of Annapolis had inspected and abated mold several times in Wright’s unit but said they were unaware mold had returned. When Annapolis city officials, who appeared 24 hours after Wright contacted them, inspected the apartment, it was deemed unlivable.
On Wednesday, Del. Shaneka Henson, DAnnapolis, testified on her legislation, HB1540, which would require Wright’s unit — and the rest of the nearly 800 such homes in the city’s public housing properties — be inspected for mold annually by state officials in an effort to prevent the health effects that exposure can cause, such as allergic reactions and skin rashes.
It also would require inspections in public and private school facilities, childcare centers, nursing homes and assisted living facilities
“If we continue to ignore this issue, it won’t go away,” said Henson at a press conference prior to the bill hearing before the House Environment and Transportation committee. “It simply
will have the cost added in other areas in our state . ... The cost of inaction is too high a cost to pay.”
The legislation would require the Department of the Environment, along with the state’s health and education departments, among others, to establish statewide standards for mold inspection and remediation by July 1, 2022.
Henson’s bill was the last to be heard Wednesday evening, but that didn’t stop an array of community advocates, attorneys and health care professionals to stick around more than eight hours to offer their support for the bill. Legal experts praised the bill’s focus on putting more power in the hands of residents. Diane Whittles, the president of ServPro Annapolis praised the bill’s sponsors for making an effort to stop mold at its source.
Health professionals spoke to the specific health benefits of living in a mold-free environment.
“It’s important for everyone to understand that in medicine, the ideal standards is to identify and eradicate the cause of a disease rather than treat the symptoms of it,” said Dr. Andrew McGlone, a primary care physician at Anne Arundel Medical Center. “There is no greater example than this case where we have mold, we know the eradication of it can significantly reduce the disease burden of Marylanders and particularly for those who can’t remove it themselves.”
Fifteen other states and the District of Columbia have indoor air quality mold regulations.
Maryland currently has no statewide standards for mold assessment in the facilities covered in the bill, according to the bill’s fiscal note.
It comes with a hefty price tag for state and local jurisdictions, but Henson said the cost of not taking action will be greater for children who have to miss school to make trips to the emergency room for mold-related illnesses and for their parents who have to miss work to take them.
Opponents to the bill, including representatives from the Maryland Municipal League, Maryland Association of Counties and Maryland Realtors, argued the bill’s fiscal burden would be significant.
“We’re talking about hundreds of thousands of rental units, many that don’t receive inspections now,” said Bill Castelli, senior vice president of government affairs for Maryland Realtors. “We have a lot of concerns about the capability of current inspectors to do that.”
The Maryland Municipal League opposed the bill not because it establishes mold standards but because local jurisdictions won’t be able to shoulder the burden of annual inspections, said Justin Fiore, government relations manager for the nonprofit organization.
Dr. Lauren Fitzpatrick, chair of pediatrics at Anne Arunde Medical Center, praised the bill for requiring an annual indoor air quality report on inspection results.
The report would be submitted to the governor and state lawmakers by Dec. 1, 2023, according to the bill.
The legislation is co-sponsored by 25 of Henson’s colleagues. An identical version of the bill cross-filed in the Senate has not received a hearing date.
Mold has been an ongoing issue for public housing properties for years. Nearly 30 public housing residents have filed a lawsuit against the housing authority and the city alleging decades of discrimination has led to poor living conditions and negative health effects from mold. The lawsuit is currently making its way through federal court.
While Wright is not a plaintiff in the case, her children, nearly all of whom have asthma, have experienced respiratory issues and skin irritation due to mold exposure, according to a letter from the children’s pediatrician. She and her nine-year-old son waited more than eight hours to testify before the committee on the conditions of their home.
“It affects my children in school to be constantly missing days,” Wright said. “That hurts them when they can’t have their grades maintained.”
Her situation highlights the urgent need for such regulations, particularly to protect vulnerable populations across the state, Henson said.
Lisa Sarro, an advising attorney for Maryland Legal Aid, held up photos of mold covering a vent in a public housing unit that had passed city inspection.
Statewide standards could prevent a unit like this from passing, said Sarro, who represents many public housing residents and is also the co-counsel for residents in the federal case.
Poor living conditions disproportionately affect low-income individuals in rental housing properties, she said in her prepared testimony.
“The problems associated with a lack of minimum air quality requirements and required mold testing in rental properties are not just theoretical. The problems are very real, and they are causing very real, ongoing, significant health consequences for tenants every single day.”
Mold standards would also help address higher rates of high school dropouts, poor school attendance and other issues, said Ruth Ann Norton, president and CEO of Green and Healthy Homes Initiatives. The bill would allow Norton and others who represent residents in Maryland rent court on lead poisoning issues to also address mold, she said.
Enforcement regulations and legal protections, such as allowing residents to file a rent escrow case if they have mold issues, are also laid out in the bill.
Currently, the rent escrow statute allows residents to deposit their rent in an escrow account with the district court during cases relating to health and safety risks such as electrical or water damage.