2019-062 Tenant Code Concerns and Advisory Committees InformationDate: April 5, 2019 Report No. 2019-062
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Over the past several months, City Council has requested information regarding how other
municipalities address tenant concerns about leaking roofs, surface growths suspected to be mold,
and locally-coordinated tenant advisory groups.
EXECUTIVE SUMMARY:
Staff surveyed 16 cities across the state to obtain information on how they address the concerns
stated above. The cities surveyed include Arlington, Austin, Bedford, Carrollton, Dallas, Euless,
Farmers Branch, Fort Worth, Garland, Grand Prairie, Irving, Lewisville, Lubbock, Mesquite,
Plano, and Richardson.
Surface Growths Suspected to be Mold
Of the 16 cities surveyed, the City of Garland is the only municipality that has a licensed Mold
Assessment Technician on staff who is legally allowed to perform testing and can confirm or deny
presence of mold1.
The remaining cities do not conduct interior inspections for mold, but do conduct varying levels
of interior inspections for city code violations. Surface growths that are suspected to be mold are
often found as a result of a city code violation complaint and a subsequent interior inspection. In
some cities, surface growths may also be found as the result of non-complaint driven interior
inspections that are required by city ordinances, such as rental registration or multi-tenant
programs.
When city code violations are found, surface growths that are suspected to be mold are often
addressed, as a result of city code violations being resolved. However, it is important to note that
under State law, these cities (with the exception of Garland because they have a licensed technician
on staff) cannot confirm or deny the existence of mold and also cannot inspect a residence solely
because of suspected mold.
Rooftop Inspections
Rental unit rooftop inspections are not a standard practice for any of the cities surveyed. The City
of Denton’s Community Improvement Services (CIS) Division conducts interior inspections of
rental units if requested by tenants. If evidence of an observable code violation is noted during the
tenant-requested inspection, the property manager/owner is required to identify the actual cause of
1 Tex. Occ. Code Sec. 1958.101 requires state licensing for an individual to perform mold assessments and mold
remediations; and Tex. Occ. Code Sec. 1958.001 defines “mold assessment” and “mold remediation” as follows:
“Mold assessment" means: an inspection, investigation, or survey of a dwelling or other structure to provide
the owner or occupant with information regarding the presence, identification, or evaluation of mold;
"Mold remediation" means the removal, cleaning, sanitizing, demolition, or other treatment, including
preventive activities, of mold or mold-contaminated matter that was not purposely grown at that location.
Date: April 5, 2019 Report No. 2019-062
the issue and address the code violation(s). What appears to be a roof leak to a tenant can instead
be a variety of other issue(s) such as air conditioner condensation, faulty plumbing in the wall or
ceiling, roof downspout issues, etc. It is the property owner’s responsibility to remedy any code
violations, such as leaks, etc. that may also be the cause of surface growths.
Tenants’ Advisory Committee
None of the surveyed cities currently have a Tenants’ Advisory Committee. Instead, these cities
refer tenants to non-profit organizations for assistance. In the Metroplex, the Texas Tenant’s
Union is an independent Dallas-based non-profit organization that educates tenants about their
rights and hosts free Wednesday night workshops. The Austin Tenants’ Council, a non-profit
organization serving the Greater Austin Area, operates similarly to the Texas Tenant’s Union.
Legal Aid of North West Texas is a non-profit organization in Denton and throughout the
metroplex, primarily serving low-income tenants by providing free legal advice and assistance
through their staff attorneys, as well as in legal clinics held three times a month. In addition, Texas
Tenant Advisor and Texas Law Help have websites that provide general tenants’ rights
information.
BACKGROUND:
The City of Denton’s current practices for addressing reports of surface growths suspected to be
mold by tenants at rental properties includes conducting an interior inspection upon receiving a
complaint of a possible code violation and written permission from a tenant. CIS does not perform
mold testing and staff is not currently licensed to conduct such testing. CIS focuses on code
violations which are often the underlying causes of surfaces growths.
If a tenant requests an interior inspection for possible city code violations, CIS will assess the unit
for evidence of possible code violations, such as leaks2, which may or may not cause reported
surface growths. If code violation(s) are identified, repair of the city code violation(s) (roofs,
windows, plumbing fixtures, etc.) is required. Additionally, all interior surfaces are required to be
maintained in good, clean, safe, and sanitary condition3. It is important to note that all assessments
for potential city code violations such as water leaks, are performed inside the rental property; CIS
does not perform rooftop inspections.
With regard to mold testing, the Texas Department of Licensing and Regulation (TDLR) has a link
on their website for state licensed Mold Assessors and Remediators: CIS staff is aware of this
resource and provides the link to residents and property owners if they express interest in hiring a
licensed contractor to test for mold in their home, workplace, or rental property.
2 Denton City Code Section 17-163(b) states: The water supply system shall be maintained to provide a supply of
water to plumbing fixtures……..to function properly, safely, and free from defects and leaks.
3 Denton City Code Section 17-154 (a) states: The owner and manager shall maintain all interior surfaces, including
windows, doors, ceilings, floors and walls in good, clean, safe and sanitary condition…
Date: April 5, 2019 Report No. 2019-062
CONCLUSION:
The City of Denton’s enforcement procedures regarding the handling of code violations related to
suspected roof leaks and surface growths in rental properties are aligned with other comparable
cities in the Metroplex. Of the 16 cities surveyed, only Garland has licensed Mold Assessment
Technicians.
The City of Denton’s website provides tenants’ rights information and links to the following
resources for tenants:
Texas Attorney General’s Office the Tenants’ Rights Handbook
Texas Tenant’s Union
Legal Aid of North West Texas
Texas Tenant Advisor and
Texas Department of Licensing and Regulation’s Mold Assessors and Remediators website
STAFF CONTACT:
Brad Lahart
Assistant Fire Chief/Fire Marshal
Denton Fire Department
940-349-8860
Brad.Lahart@cityofdenton.com
LEGAL:
Stephanie N. Neal
Assistant City Attorney
940-349-8333
Stephanie.Neal@cityofdenton.com
Date: April 5, 2019 Report No. 2019-062
REFERENCE AND RESOURCE TABLE
FOR ROOF, SUSPECTED MOLD,
AND ADISORY GROUPS ISR
City of Denton Property Maintenance General Information:
https://www.cityofdenton.com/en-us/residents/services/property-maintenance
City Denton Property Maintenance Code:
https://library.municode.com/tx/denton/codes/code_of_ordinances?nodeId=SPACOOR_CH17PRMA
State of Texas Attorney General Renter’s Rights Page: https://www.texasattorneygeneral.gov/consumer-protection/home-real-estate-and-travel/renters-rights
Texas Department of Licensing and Regulation (TDLR) Mold Assessors and Remediators Page:
https://www.tdlr.texas.gov/mld/mld.htm
TDLR Mold Assessor and Remediators Licensed Contractor Lookup Page:
https://vo.licensing.tdlr.texas.gov/datamart/login.do
Texas Law Help
https://texaslawhelp.org/
Tenants’ Rights Handbook published by the Texas Young Lawyers Association:
https://texaslawhelp.org/article/tenants-rights-handbook
Texas Tenant’s Union:
https://txtenants.org/
Legal Aid of Northwest Texas
https://internet.lanwt.org/en-us
Texas Tenant Advisor
https://www.texastenant.org/
Individual Phone/Email Research with 19 Comparable Cities:
Community Improvement Services Office- Primary Contact: Lancine Bentley