Is my landlord in the right for this issue? Black mold in our bathroom, very uncomfortable. We can't request another 1bd apt?

Hi, I'm in East Orange, NJ living in an 1 bedroom apt in one of Benjamin H. Realty, buildings. Ive lived here since June of '13; last June ive been off my lease and has been on month to month. My bathroom has black mold and mildew that has been seeping thru the walls. The maintenance man came and painted over the walls TWICE "fixing" the problem. It came back, stronger, spread on the shower curtain and back walls and the tub is peeling alot and black mold appearing around the drain. Mildew is also seen and growing. Landlord and fix it man comes and inspects. Brushes it off like its mustard on the wall talks around the situation, bragging about the "nice apt rates" he offers. We like to renew but don't this same moldy apt. Just a sub! BHR doesn't sub apts, you MUST upgrade or stay moldy :(