Hiring Mold Remediation After the Storm: What New York Law Requires Before Anyone Tears Out a Wall
By Bayron Alvarez, NYS Licensed Mold Assessor (#25-671AE-SHMO) and NYS Licensed Home Inspector (#16000145204) — Casablanca Environmental & Building Diagnostics, Southampton, NY
The nor'easter of September 25 and 26, 2026 put bay water into waterfront basements and crawl spaces from Riverhead to Montauk and wind-driven rain into wall cavities across the East End. In the weeks after a storm like this, remediation offers arrive: door hangers, cold calls, and restoration crews that inspect for free and quote the removal on the same visit. In New York, on any mold job larger than 10 square feet, that arrangement is illegal. Labor Law Article 32 requires a licensed assessor to write the plan, a different licensed company to do the work, and the assessor to come back and confirm the work passed before the containment comes down. This article explains what the law requires, what you lose when a contractor skips it, and how to check a license in about two minutes.
Summary
When a mold job covers more than 10 square feet and someone is paid to do it, New York Labor Law Article 32 requires five things. The company must hold a Department of Labor mold license. A licensed assessor must give you a written remediation plan before any work starts. A separate licensed remediation contractor must give you a work plan that carries out that plan. The assessor and the remediator cannot be the same licensee, and no person may own an interest in both. The assessor must return after the work, and the containment stays up until the project passes. A contractor who offers to inspect and remediate the same house is telling you, before the job starts, that they will not follow the law. What you lose is the independent check on the scope, the price, and the result. Licenses can be checked on the Department of Labor website by name or license number.
Who needs a license, and the 10-square-foot line
Article 32 applies to a "project," which Section 930 defines as mold assessment, remediation, or abatement of an area greater than 10 square feet. A 4-foot by 8-foot sheet of drywall is 32 square feet. A flood cut 2 feet high along a 12-foot basement wall is 24 square feet on one face. Most storm jobs are over the line.
The same section excludes routine cleaning, and construction, maintenance, repair, or demolition done for purposes other than mold remediation. Replacing wet drywall the day after a leak is repair. Removing drywall because it is growing mold is remediation.
The Department of Labor issues five mold licenses: mold assessor, mold assessment contractor, mold remediation contractor, mold abatement worker supervisor, and mold abatement worker. Each is valid for two years, and a licensee whose license has lapsed cannot work on a mold project until it is renewed. Licenses from other states are not recognized. Section 931 makes it unlawful for a contractor to perform mold assessment on a project, or to advertise or hold themselves out as a mold assessment contractor, without a valid license. The department also states that a home inspector whose report assesses mold conditions must hold the assessor license. The mere presence of mold does not oblige an owner to hire anyone, but once an owner hires an assessor or remediator for mold work, that company must be licensed and follow the law.
Section 933 lists who is exempt:
A residential property owner doing the work on their own property.
The owner of an apartment building of not more than four units, or that owner's employee.
An owner, managing agent, or full-time employee working on the owner's commercial property or apartment building of more than four units, unless that agent or employee is in the business of doing mold work for the public.
Government agencies working on their own property.
The exemption belongs to the owner. It does not extend to a contractor the owner hires, and the third bullet's managing-agent language covers commercial and larger apartment buildings, not a single-family house.
The assessor's plan comes first, in writing
A licensed remediator cannot start a project without a licensed assessor's assessment. The Department of Labor states this plainly and adds that a homeowner cannot waive it. Section 945 requires the assessor to prepare a remediation plan specific to the project and give it to the client before remediation begins. The plan must include:
The rooms or areas where the work will be performed.
The estimated quantities of material to be cleaned or removed.
The methods for each type of remediation in each type of area.
The personal protective equipment the remediator must supply to the workers.
The proposed clearance procedures and criteria for each type of area.
For an occupied building, how to notify occupants, with notice and posting recommendations.
A cost estimate and an estimated time frame.
When possible, the underlying moisture source and the type of contractor who should correct it.
If the plan calls for a disinfectant, biocide, or antimicrobial coating, the assessor may name a specific product only if it is registered with the U.S. Environmental Protection Agency.
The remediator then works from that document. Under Section 946, before site preparation begins, the remediation contractor must obtain the assessor's plan from the client, prepare a work plan that fulfills every requirement of it, and give the client a copy.
This order is what lets you compare prices. The department's guidance is that the client gives the assessor's plan to the remediation contractor, who uses it to prepare a work plan and quote. Three remediators quoting the same written scope are quoting the same job.
One company cannot assess and remediate the same property
Section 936 contains two separate prohibitions. No licensee may perform both mold assessment and mold remediation on the same property. And no person may own an interest in both the assessment licensee and the remediation licensee on the same property. The Department of Labor lists this under protection against fraud: an independent assessment defines the scope of the remediation work.
The department's guidance goes further than the statute's headline:
A remediator who performs any assessment work on its own project is in violation, including handing the client a "fill-in-the-blank" assessment form.
Remediation cost estimates should not be given before a mold assessment. The department's reasoning is that a price quoted before the assessment removes the consumer protection the separation exists to provide.
A remediator cannot proceed on the strength of a waiver signed by the homeowner.
The reason is financial. The party that measures the affected area, decides what comes out, and sets the clearance criteria is setting the size of the bill. When that party also sends the bill, every judgment call on scope favors a larger job, and the same party later decides whether its own work passed. The separation puts those decisions with someone who earns nothing from the removal work.
Hire the assessor yourself. An assessor chosen by the remediation company is not prohibited by the statute unless there is shared ownership, but it is not the independent check the law is built around.
The job is not finished until the assessor passes it
Under Section 947, a remediated project achieves clearance only after a licensed assessor performs a post-remediation assessment. That assessment determines whether the work area is free from all visible mold, and whether the work followed both plans and meets the clearance criteria written into the assessor's plan. To the extent feasible, it also determines that the underlying cause has been corrected so that it is reasonably certain the mold will not return from that area.
The result is one of two documents. If the work passed, the assessor issues a written passed clearance report to the client. If it did not, the assessor issues a written final status report to the client and to the remediator, recommending a new assessment, completion of the original plan, or correction of the moisture source.
Section 946 ties the containment to that result. No one may take down containment until the remediation contractor has received notice from the assessor that the project achieved clearance. A remediator who tears down the poly and hands you a letter saying the job is done has not given you a clearance. Under the statute, only the assessor issues one.
Keep the passed clearance report with the remediation plan, the work plan, and the invoices. Those four documents are what a buyer's attorney, an insurance adjuster, or a future assessor will ask to see.
What you give up when a contractor skips the law
The license is where the state checks training, identity, and insurance before a company is allowed to do this work. A contractor operating without one, or offering to both assess and remediate, has removed each of the checks below.
Verified insurance. To be licensed, a remediation contractor must show the Department of Labor liability insurance of at least $50,000 covering Article 32 work, plus workers' compensation and disability coverage where required. An unlicensed company has shown that to no one. If a worker is hurt in your basement, or the crew damages the house, there may be no policy to claim against.
An independent scope and price. Without an assessor's plan, the company doing the work decides how much comes out and what it costs. You have nothing to compare a second quote against, and no one to tell you whether 40 square feet of damage has been priced as 400.
Containment. Section 946 requires containment that, built as the work plan describes, prevents the spread of mold outside the work area, with signs at every accessible entrance. Tearing out colonized drywall without it moves spores and debris through the house. When the air handler or ductwork sits in or near the work area, as it often does in East End basements and crawl spaces, the HVAC system becomes a second problem that needs its own assessment.
Removal instead of chemicals. The statute allows disinfectants, biocides, and antimicrobial coatings only when the assessor's plan specifies them and the product is EPA-registered for that use. The industry standard, ANSI/IICRC S520, treats physical removal as the primary means of remediation and says coatings should not be used to cover active growth. A crew that fogs a basement, sprays the framing, and paints over it has not done the removal the standard requires. We cover why in Why Bleach Does Not Fix Mold and Air Purifiers, Ionizers, Ozone, and Duct Cleaning.
A record. Without a remediation plan, a work plan, and a passed clearance report, there is no document showing what was found, what was removed, and that the work passed. The New York Property Condition Disclosure Statement asks sellers about mold testing and water damage, and buyers' attorneys ask for the paperwork. See Mold in a New York Real Estate Transaction.
Recourse. The Department of Labor can fine a violator up to $2,000 for a first violation and up to $10,000 for each one after that under Section 937. Those fines are paid to the state. They do not redo the work or refund your deposit.
Warning signs after a storm
Pumping out water and drying a basement in the first days after a flood is water mitigation, not mold work, and it should start immediately. Once there is visible growth over 10 square feet, the job becomes a mold project and the assessor comes first. These are the signs that a contractor intends to skip that step:
A free mold inspection and a removal price on the same visit. The Department of Labor's position is that remediation cost estimates should not be given before a mold assessment.
An "assessment" written by the company that will do the work. The department names the "fill-in-the-blank" assessment form handed over by a remediator as a violation of Section 936.
"You don't need an assessor" or "just sign this waiver." A licensed remediator cannot proceed without an assessment, and a homeowner's waiver does not change that.
No New York mold license number, or an out-of-state credential instead. An IICRC certificate is training, not a New York license, and the department does not recognize other states' mold licenses.
No county or town home improvement license number. Suffolk County Consumer Affairs states that it is against the law to operate a home improvement business in the county without a license, and the county code requires the license number in all home improvement advertising. East End towns add their own. The Town of Southampton's code requires a town license, bars an unlicensed contractor from collecting any fee or deposit, and requires the license to be displayed at every job site; the town does not accept a Suffolk County license in its place. East Hampton Town licenses home improvement contractors under Chapter 156 of its code, and Shelter Island has its own licensing law.
A large payment up front, or cash only. Suffolk County Consumer Affairs advises avoiding a firm that wants a large down payment and puts a fair one at under 15 percent. Under General Business Law Section 771, a home improvement contractor must deposit payments received before completion in an escrow account under Lien Law Section 71-a(4), or post a bond or letter of credit instead.
Pressure to waive your right to cancel. The same section gives the owner until midnight of the third business day after signing to cancel. The emergency exception applies only when the owner initiated the contact and writes out a separate, dated, signed statement in their own handwriting. A contractor who knocked on your door cannot use it.
A plan to fog, spray, or coat instead of remove. See the section above.
A home improvement contract in New York must be in writing and signed, and before work starts you must receive a signed copy. Section 771 requires it to include the contractor's name, address, phone, and license number; the estimated start and completion dates; a description of the work, materials, and price; the escrow and mechanic's lien notices; any progress payment schedule tied to stages of the work; the three-day cancellation notice; and the contractor's property and casualty insurer with contact information.
Complaints about home improvement contractors, licensed or not, go to the Suffolk County Office of Consumer Affairs at (631) 853-4600. Complaints about unlicensed mold work go to the Department of Labor's Mold Program.
How to check a license
The Department of Labor publishes its mold licenses as two public datasets. Checking both companies on a job takes a few minutes.
Ask for the numbers in writing. Get the company's New York mold license number and license type, and the name of the individual assessor or site supervisor who will be on the job.
Look up the company in Mold Contractor Licenses. Search by business name or license number. Confirm the license type matches the work: an assessment contractor license for the assessor, a remediation contractor license for the remediator. Check the status and the expiration date, because the dataset covers a four-year window and includes licenses that are no longer current.
Look up the people in Mold Individual Licenses. The assessor who signs your plan and the supervisor running the containment should both appear with current licenses.
Confirm the two companies are separate. The contractor dataset lists each company's address and phone number. An assessor and a remediator at the same address or number is a question to ask before you sign.
Check the Suffolk County home improvement license for the remediator and anyone doing the rebuild. Call the Suffolk County Office of Consumer Affairs at (631) 853-4600, option 3, which can also tell you about complaints. In the Town of Southampton, also confirm the town license with the town's licensing office at (631) 702-1826. In East Hampton and on Shelter Island, the town building department can confirm the town license.
Get the certificate of insurance from the insurer or agent, not from the contractor, with you named as the certificate holder.
Our own licenses are listed at the top of this article. Check them the same way.
What we do
We are the assessor in this process, and only the assessor. We perform mold assessments, write the remediation plan, and perform the post-remediation assessment and clearance. By law we do not perform remediation on any property we assess. After a storm, the assessment maps the wet and colonized material with meters and thermal imaging, identifies the water source, and produces a written plan with quantities, methods, and clearance criteria that any licensed remediator can quote against. If a remediation company has already given you a price, call us before you sign. Call or text (631) 655-9855 or email bayrona@casablancaebd.com.
Common questions
Is it illegal for a mold company to inspect my house and then do the removal? On a job over 10 square feet, yes. Section 936 bars any licensee from performing both assessment and remediation on the same property, and bars any person from owning an interest in both companies.
Can I sign a waiver so the remediator can skip the assessment? No. The Department of Labor states that a licensed remediator cannot work on a project without a licensed assessor's assessment, and that a homeowner's waiver does not change this.
Can I do the remediation myself? Yes, on your own residential property, at any size. Section 933 exempts the owner, and the Department of Labor confirms an owner can hire a licensed assessor for the plan and do the removal personally. The exemption does not extend to anyone you pay to do it.
Is a water damage restoration company the same as a mold remediator? Not necessarily. Extracting water and drying the structure is water mitigation. Removing mold growth larger than 10 square feet is mold remediation, which requires a Department of Labor remediation contractor license and an independent assessor's plan. Many restoration companies hold the license. Check before the work changes from drying to removal.
Can the assessor or the remediator repair the leak and rebuild afterward? Yes. The Department of Labor states that repair or construction work outside the scope of the remediation plan is not covered by Article 32. The separation applies to the assessment and the remediation, not to the carpentry that follows clearance.
I found a state brochure that says New York has no mold licenses. Is that right? No. Some flood-cleanup material still online was written before Article 32 took effect. The licensing requirement has applied since January 1, 2016.
Does hiring two companies cost more? It adds the assessment and the clearance, and it gives you a written scope that multiple remediators can price against. Our mold inspection cost guide for Suffolk County covers what assessments cost here.
East End questions
Our caretaker says their crew can cut out the moldy drywall. Is that allowed? They can pump, dry, and repair. Removing more than 10 square feet of mold growth for pay is a mold project, and it requires a remediation contractor license and an assessor's plan. The owner exemption in Section 933 covers the owner personally. The managing-agent exemption covers commercial property and apartment buildings of more than four units, not a single-family house.
We are in the city until next weekend. Can the work start without us? The assessment can. Your caretaker or property manager can provide access, and the plan can be emailed to you. The remediation contract must be in writing and signed, and you must receive a signed copy before any work is done. Drying should not wait for any of this.
Bay water came into the crawl space. Does that change the process? The legal sequence is the same. The water is not. Flooding from seawater or rising surface water is Category 3 under the IICRC water damage standard, and salt changes how the materials dry and how moisture readings behave. See Salt Water in the Crawl Space and Basement Flooded in the Nor'easter.
A crew from out of the area is working on half the street. Are they allowed to work here? Only with a New York mold license for the mold work and a Suffolk County home improvement license for the construction. A license from another state does not count. The Towns of Southampton, East Hampton, and Shelter Island also require their own home improvement license, and Southampton does not accept a Suffolk County license in its place.
We are buying a house and the seller says the basement was remediated after the storm. What should we ask for? The assessor's remediation plan, the remediator's work plan, and the assessor's written passed clearance report, all naming licensed companies that are not the same party. If the seller cannot produce them, have the basement assessed before closing. See Mold in a New York Real Estate Transaction.
Sources and further reading
New York State Labor Law Article 32: §930 Definitions; §931 Licensing requirements; §933 Exemptions; §936 Licensee duties; prohibited activities; §937 Civil penalties and revocation; §945 Minimum work standards for mold assessments; §946 Minimum work standards for mold remediation; §947 Post-remediation assessment and clearance.
New York State Department of Labor, Mold Program and Mold Frequently Asked Questions.
New York State Department of Labor license data: Mold Contractor Licenses: Four Year Window and Mold Individual Licenses: Four Year Window.
New York General Business Law §771 Home improvement contract provisions.
Suffolk County Code, Chapter 563, Article II: Home Improvement Contractors, and Suffolk County Office of Consumer Affairs, Home Improvement Fact Sheet. Town licensing: Town of Southampton Code, Chapter 143: Contractors and the town's home improvement licensing FAQ; Village of East Hampton, Annual Contractor's Registry (citing East Hampton Town Code Chapter 156); Town of Shelter Island home improvement licensing document. New York General Business Law §770 Definitions.
New York State Office of the Attorney General, Mold in Your Home? Tips for Cleaning Up After a Flood. Useful for its county license contacts; its statement that New York has no mold licenses predates Article 32.
ANSI/IICRC S520, Standard for Professional Mold Remediation, fourth edition (2024).
Storm conditions: Riverhead News-Review and NBC New York, September 26, 2026.