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H 4023

Shorty's Grill in Loris recognized for its many years in service

2025-2026 Regular Session Introduced by Terry Alexander and 121 co-sponsors

Creates a state framework to detect and fix excess moisture and mold in homes, requires owners to prevent mold, mandates annual inspections, and lets courts enforce compliance.

Introduced, adopted, returned with concurrence
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Bill Summary · H 4023

Summary of H 4023: An Act relative to mold inspection standards

Overview

  • Bill number: H 4023
  • Title: An Act relative to mold inspection standards
  • Introduced: April 10, 2025
  • Current status: Hearing rescheduled to September 10, 2025 (10:00 AM–1:35 PM in Room B-2; virtual hearing updated to new end time). Senate concurrence occurred on April 14, 2025. Referred to the Committee on Public Health on April 10, 2025.
  • Sponsor: Bruce J. Ayers (1st Norfolk)

Purpose and intent

The bill establishes a state framework to identify, regulate, and remediate excess moisture and mold in residential settings. It aims to create formal definitions, assign duties to owners, authorize annual state inspections, authorize local boards of health to adopt corresponding rules, and empower the department and courts to enforce compliance.

Key provisions and changes

  • New statutory section: Inserts Section 127Q into Chapter 111 of the General Laws (after existing section 127P).
  • Definitions:
    • Excess moisture: Unwanted moisture or water on permeable surfaces in a residence that recurs or persists and risks mold growth.
    • Residence: Any building or structure used for human habitation, including single/multi-unit buildings, rooming houses, manufactured homes, temporary/alternative housing, and condominiums.
  • Owner duties: Every residence owner must maintain all buildings and structural elements free of excess moisture or mold.
  • Annual department inspections: The Department of Public Health shall annually inspect residences for excess moisture or mold and investigate potential sources, including:
    • Plumbing leaks
    • Structural defects allowing moisture intrusion
    • Improperly maintained mechanical/natural ventilation
    • Improperly maintained heating, ventilation, and air conditioning (HVAC) or ductwork
  • Local authority role: Boards of health may adopt rules and regulations for inspections in their jurisdiction that comply with the department’s provisions.
  • Department inspections on notice: The department may inspect a residence if there is notification and reasonable evidence of excess moisture or mold.
  • Notice and orders: The department may issue a written order to the owner to clean the premises or comply with regulations; service of the order follows existing procedures (as in section 124).
  • Financial responsibility: Owners are responsible for the costs to mitigate excess moisture or mold.
  • Enforcement: The superior court, housing court, and district court have equitable jurisdiction to enforce the new provisions.
  • Rulemaking: The department must establish rules and regulations to implement Section 127Q.

Who is affected

  • Property owners of residences covered by the act (including single- and multi-unit dwellings, rooming houses, manufactured homes, temporary/alternative housing, and condominiums).
  • Local boards of health that choose to adopt inspection rules consistent with the act.
  • Department of Public Health responsible for annual inspections, investigations, orders, and promulgation of implementing regulations.
  • Residential tenants may indirectly be affected through enforcement actions and remediation requirements tied to owner compliance.

Timing and procedural notes

  • Annual inspection requirement is triggered by the new section, with implementation to be guided by department rules.
  • Local boards of health can adopt compatible rules, potentially creating standardized local inspection practices.
  • Enforcement pathways rely on existing court processes for equity and service of orders.

Related actions

  • HD 1196 is listed as related/replacing the bill notation.

This bill would create a state-wide framework for detecting and addressing mold and moisture in residences, with mandatory owner responsibility, annual state inspections, local rulemaking options, and judicial enforcement mechanisms.

Compiled from official sources — confirm details with the bill’s official record.

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