The Maryland Tenant Mold Protection Act did more than set deadlines for landlords. It directed the Maryland Department of the Environment (MDE) to adopt regulations establishing uniform standards for mold assessment and mold remediation on or before June 1, 2027. Those standards will give tenants, landlords, inspectors, and courts a common measure of proper mold work across the state.
MDE must consult with the Maryland Department of Health, the Department of Housing and Community Development, and the Department of General Services. Section 2 of Chapter 539 of the 2025 Laws of Maryland sets out what the regulations must contain. Working with those agencies and the Maryland Department of Labor, MDE must also maintain a centralized website on mold remediation and dampness and a mold pamphlet for tenants.
The regulations must set standards for identifying and evaluating mold, including visible inspection and testing. Air sample analysis must follow the standards of the Environmental Microbiology Laboratory Accreditation Program at the American Industrial Hygiene Association (AIHA), the American Indoor Air Quality Council, or another nationally recognized accrediting body. That other body must operate independently of industry trade associations, a condition that stresses independent laboratory oversight.
Bulk and surface samples, such as tape lifts and pieces of drywall, must be analyzed under the standards of the AIHA, the American Conference of Governmental Industrial Hygienists, or a similar professional organization. The regulations must also address visible inspections for water damage and dampness on surfaces, and the statute names ceiling tiles and gypsum wallboard. The law thus treats the visible condition of a building as evidence alongside laboratory numbers.
For remediation, the regulations must follow the Environmental Protection Agency's 2008 guidance, Mold Remediation in Schools and Commercial Buildings, as revised and updated. That guidance addresses containment, protective equipment, cleaning methods, and the removal of damaged porous materials. The regulations must also address reinforcing building codes and establish a risk reduction standard for mold hazards.
The Act defines a mold hazard as an adverse human health effect associated with mold exposure, including allergic reactions, asthma, and other respiratory complaints. A risk reduction standard built on that definition ties the state's technical rules to the health of the people in the building. The National Institute of Environmental Health Sciences, part of the National Institutes of Health, likewise reports that damp, moldy buildings increase the risk of respiratory problems.
The regulations are not due until June 1, 2027. In the meantime, Real Property Article Section 8-220 already requires landlords to follow recommended industry guidelines and best practices, along with state and local law, when they assess and remediate mold. Professional standards such as the Institute of Inspection, Cleaning and Restoration Certification (IICRC) Standard S520 already describe mold remediation practice in detail.
Tenants who face mold today should not wait for the regulations. Report the problem to the landlord in writing, photograph the conditions, and keep every reply. The regulations draw on the same kind of industry guidance that applies now, so a record of what the landlord did, and how, keeps its value after the rules take effect. You can read more in our article on what a thorough mold inspection looks like.
To discuss a Maryland mold injury claim, e-mail chris@attorneybeard.com or call (410) 267-0227. You can also read our article on what the Act requires of landlords.
