Louisiana | Environmental Law Institute

Louisiana Revised Statutes § 9:3198

Requires sellers of residential real property to complete a property disclosure document containing at least the minimum language prescribed by the Louisiana Real Estate Commission. Form developed by the Commission requires disclosure of whether the property contains radon, mold/mildew, asbestos, formaldehyde, contaminated drywall, and contaminated flooring, among other items. (Form available at: https://lrec.gov/forms/mandatory-forms/.)

Louisiana Revised Statutes §§ 40:1289.1--1289.4

Creates the Louisiana Toxic Mold Task Force, whose functions include: advising the legislature on "policies and practices that protect all people of this state, particularly tenants, consumers, and vulnerable populations, from harm related to toxic mold;" serving as a coordinating forum between and among state agencies, local government, and nongovernmental groups; and making recommendations on state regulations, guidelines, policies, and procedures that pertain to mold. Directs the task force to prepare and submit to the governor and the legislature an annual report on the status of public health risks from mold in Louisiana. Law terminates January 1, 2024. (Reports available at: https://ldh.la.gov/index.cfm/page/4047)

Louisiana Revised Statutes § 37:1478

Requires licensed home inspectors to include in their written inspection report the presence of suspected mold growth if the licensed home inspector discovers "visually observable evidence of suspected mold growth" on the inside of the structure during the inspection. Regulations (La. Admin. Code 46: XL.303) define this term as: "visually observable discoloration of the interior components within the climate controlled living space apparently occurring from moisture that may be indicative of mold or microbial growth which is visually observable, without employing moisture, environmental or other testing methods." Prohibits an inspector, for a period of one year, from doing work for compensation on any system or component of the home that the home inspector noted in the home inspection report as deficient, in need of repair, or unsafe.

Louisiana Revised Statutes § 51:912.4

Establishes that new manufactured and modular home builder warranties exclude mold and mold damage unless the parties otherwise agree in writing.

Louisiana Revised Statutes § 22:1319, 1332

Requires that fire insurance policies and homeowner insurance policies that are delivered or issued for delivery within the state include a prominent disclosure of whether the policy covers mold damage to the property.

Louisiana Revised Statutes § 37:1470

Directs the State Real Estate Commission to approve a mold information pamphlet, which may be distributed to buyers by real estate licensees in connection with any real estate transaction. Provides that if the licensee elects to deliver the mold information pamphlet to the buyer, the licensee is not required to provide any additional information about mold. Real Estate Commission regulations (La. Admin. Code 46:LXVII.3801) establish the U.S. EPA as official source of state mold information under the law.

Louisiana Revised Statutes § 9:2800.15

Provides that licensed commercial or marine contractors, architects and engineers are not liable for mold damage unless caused by defects in workmanship or design. Also applies to manufactured homes and to real estate licensees representing commercial and marine contractors.

Louisiana Revised Statutes §§ 37:2150.1, 37:2156--2158

Requires persons performing mold remediation where the cost exceeds $7,500 to obtain a mold remediation license, with exemptions for residential property owners performing remediation on their own property and for owners or tenants performing remediation on property they own or lease. License applicants must present evidence to the state that they have completed training in mold remediation and mold assessment, along with evidence of workers' compensation and liability insurance. Establishes that it is a violation for a mold remediation contractor to fail to provide a written report to the person for whom they provide remediation for compensation, or to provide (or own an interest in an entity that provides) both mold assessment and remediation on the same property. See also La. Admin Code. tit. 46, Pt XXIX, §§ 301, 709.