When most people think of Hawaii, they imagine a lush beautiful environment with clear blue waters and a complete absence of reality. However, what many do not see are the issues associated with mold and inhabitable conditions that affect the residents of this beautiful place. There are over 400,000 different types of mold species, many of which have yet to be identified or classified. Some of the more common molds found in a home or outside, are generally harmless; however there are several types of mold that can be quite detrimental to an individual’s overall health. Such toxic molds can cause several symptoms, including; dermatitis, cough, rhinitis, nose bleeds, cold and flu symptoms, headache, general malaise and fever. Also note that people who have comprised immune systems, such as the elderly, children and those with immune disorders, can be affected quite heavily by the presence of certain molds. The inhalation of such toxic molds can result in more severe reactions, such as continued damage to the immune system, nervous system, liver, kidneys, and blood and in some cases brain damage. Long-term exposure can make many of the above health effects and illnesses chronic, with no real end in sight.
Complaints regarding mold in Hawaii have continued to rise and certain governmental bodies have made note of this. In a report established by the Hawaiian Legislator, they discuss a case where one tower of the Waikiki hotel had been closed due to the existence of toxic mold. The report continues by saying that the number of residents calling in regards to mold issues have consistently rose. In a report issued by the Hawaii Health Department entitled, Indicators of Environmental Quality Jan. 2001, the department states, “indoor air pollution has been consistently ranked among the top five environmental risks to public health in comparative risk studies conducted by the EPA and its Science Advisory Board. In 1992, the Hawaii Environmental Risk Ranking study ranked indoor air pollution as the top risk to human health in Hawaii. The Hawaii state legislature established an indoor air pollution program.” Indoor air pollution, mentioned above, includes the presence of mold, which can cause low IAQ.
Some states have already created laws that deal specifically with the inspection, testing and remediation of toxic molds in a person’s home. Hawaii, unfortunately, does not have specific laws to deal with mold infestation. Hawaii does however, have a tenant/landlord handbook that indicates the obligations of the landlord in regards to providing a habitable environment for the tenant(s) that reside there. The Hawaii Health Department also indicates that mold exposure can be damaging to a person’s overall health and follows the standards set forth by the EPA.
In the event that you discover the existence of mold in your home, or suspect, due to symptoms associated with mold exposure, that mold may be in your residence, there a few steps you should take. First you must make the landlord aware of your situation, and ask that they determine the level of mold in your home and repair the issue if necessary as per Section 64(a) & (b) of the tenant/landlord handbook. If at this time, the landlord refuses to fix the problem, you should submit a complaint to the Health Department of Hawaii, indicating the issue at hand, in this case mold infestation. This department is set in place to “protect and improve the health and environment for all people in Hawaii,” so it is important to make them aware of your circumstances. It is at this time that the Health Department will determine via an inspection of the property if the conditions of the home are habitable. If such an inspection indicates “that a health or safety violation exists, the landlord must be notified in writing by a state or county agency,” and it is at this time that the landlord has five business days to begin the repairs necessary. It is important to note, that if the Health Department does not inspect the property, a certified inspector can determine if mold is present. If for any reason the landlord cannot start the repairs within five business days, he is required to give you, the tenant, a reason for this as well as a date they will begin the repairs. If the landlord fails to start the repairs or set a date for repairs, you have the right to take any of the following actions.
You can do the repairs yourself or have them done by a professional. Make sure to save all documentation and receipts, so you may provide copies to your landlord. After providing copies of all services rendered, to remove the mold ridden materials from your home, you may deduct up to $500 from your next month’s rent to cover the cost of repairs made. Your second option is that you can give the landlord at least 2 written estimates from professionals, five days prior to the work being done. The professional you pick must sell their services at a reasonable price that the landlord agrees upon for the work being done. Again, make sure that you save all documentation of this transaction and provide it to the landlord, prior to work commencing. It is at this time that work can begin and you the tenant, “may deduct $500 or one month’s rent, whichever is greater, to cover the cost of the repairs.”
Sections 41 & 42 of the Tenant/Landlord Handbook, also indicates the Conditions a Tenant May Expect From Landlord. This section describes that by law, there are certain things that a tenant should expect from the landlord. Some of these provisions include; the condition of the unit at the time of move in must be appropriate and both parties are to agree upon this as per Section 41. The obligations of the landlord are to provide a “safe and healthy premise as required by law. Section 42(a)(1) & (2).” They must also, “Make all repairs and arrangements necessary to keep the premises in a livable condition. Section 42(a)(3).”
As the Health Department and Legislative body in Hawaii have noted, the existence of mold in high quantities within a home or apartment, does indicate that the building is uninhabitable. This means, that by law the landlord is required to eliminate the problem. It is important to make sure that all the above mentioned steps are followed and all documentation is saved. You may also contact an attorney at your discretion, in the case that the landlord is unwilling to work with you. In the event that you must go to court to get compensation for the negligence of a landlord, you may receive reduced rent and compensation for damages incurred.
It is important to realize, that in cases like this, you the tenant, have the right to make your place of residence is habitable for yourself and your family. Mold can be very detrimental to your health, and to ensure your health and safety, your home must be inspected, tested and remediated properly in the instance of a discovery of mold.
For more information about tenant rights in the State of Hawaii and how an inspection can help determine if you have a problem at your property, call us at 1-866-358-3838 or email us here.
