What's happening
This bill requires New York landlords to regularly inspect for, prevent, and remediate pest infestations in rental properties.
Why it matters
Shifts the burden of pest prevention and remediation onto landlords. by explicitly defining pest infestations as a breach of the warranty of habitability, making landlords legally responsible for addressing and preventing pest problems—not just responding to complaints.
Requires proactive, documented annual inspections. of all rental units and common areas, increasing accountability and mandating record-keeping for five years, which could be used as evidence in tenant-landlord disputes or health department investigations.
Mandates use of integrated pest management (IPM) techniques,. emphasizing non-chemical, preventive measures (like sealing cracks and eliminating water sources) before allowing pesticide use, which must be performed by licensed professionals, potentially improving tenant health and reducing pesticide exposure.
Sets clear communication requirements and legal protections,. such as mandatory lease disclosures about landlord and tenant obligations regarding pests, and protections for landlords when infestations are caused by tenant misconduct, clarifying roles and reducing legal ambiguity.
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Who cares
Residential landlords
The bill would require at least annual pest investigations, five-year record retention, lease notices and prompt remediation of infestations and underlying defects.
Residential tenants
The bill would declare pest infestations a breach of the warranty of habitability, except where caused by willful or intentional acts of tenants or people under their direction or control.
Licensed pest-control professionals
The bill would require any pesticide application to be performed by a professional licensed by the Department of Environmental Conservation and would prohibit pesticides from substituting for required pest-management measures.
New York State Department of Health
The health commissioner would prescribe pest-investigation record requirements, and landlords would have to make those records available to the department upon request.
Headline styles
Landlords Must Fix Pest Problems
Plain English, a few words. Used as the page title.
Sponsors
15 Co-sponsors
3 Multi-sponsors
History
- Referred to housing
- Referred to housing
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Make Landlords Fix Pest Problems
In Senate Committee · Judiciary · Sponsor Rachel May
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7909
2019-2020 Regular Sessions
IN ASSEMBLY
May 28, 2019
Introduced by M. of A. HUNTER -- read once and referred to the Committee on Housing
AN ACT to amend the real property law, in relation to the responsibility of a landlord to remediate pest infestations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The real property law is amended by adding a new section 235-bbb to read as follows:
§ 235-bbb. Remediation of pest infestations. 1. (a) The existence of an infestation of pests in a premises occupied for dwelling purposes is hereby declared to constitute a condition dangerous to health and a breach of the warranty of habitability for the purposes of section two hundred thirty-five-b of this article. A landlord shall keep premises occupied for dwelling purposes free from an infestation of pests, and shall prevent the reasonably foreseeable occurrence of such a condition and shall expeditiously remediate such condition and any underlying defect, when such underlying defect exists, consistent with the provisions of this section.
(b) A landlord shall not be liable for a breach of the warranty of habitability pursuant to this section where such infestation of pests has been caused by a willful or intentional act of the tenant or lessee or persons under his or her direction or control.
2. (a) The landlord of premises occupied for dwelling purposes shall cause an investigation to be made for pests in all occupied dwelling units and in common areas as set forth in paragraph (b) of this subdivision.
(b) Investigations shall be undertaken by a landlord at least once a year and more often if necessary, such as when, in the exercise of reasonable care, such landlord knows or should have known of a condition that is reasonably foreseeable to cause an infestation of pests, or a tenant makes a complaint concerning a condition that is likely to cause
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11419-02-9
A. 7909 2
an infestation of pests or requests an inspection. A landlord shall maintain a record of each such investigation, the form and content of such records to be promulgated by the commissioner of health. Such records shall be retained for a period of at least five years after such investigation and shall be made available to the department of health upon request.
(c) All leases offered to tenants or prospective tenants in such premises occupied or to be occupied for dwelling purposes shall contain a notice, conspicuously set forth therein, which advises tenants of the obligations of the landlord and tenant as set forth in this section.
3. When any premises occupied for dwelling purposes are subject to infestation by pests, the landlord shall use integrated pest management measures and eliminate conditions conducive to pests, and comply with the following work practices:
(a) Inspect for, and physically remove pest nests, waste, and other debris by High-Efficiency Particulate Air (HEPA) vacuuming, washing surfaces, or otherwise collecting and discarding such debris;
(b) Eliminate points of entry and passage for pests by repairing and sealing any holes, gaps or cracks in walls, ceilings, floors, molding, base boards, around pipes and conduits, or around and within cabinets by using sealants, plaster, cement, wood, escutcheon plates, or other durable material. Attach door sweeps to any door leading to a hallway, basement, or outside the building to reduce gaps to no more than one-quarter inch; and
(c) Eliminate sources of water for pests by repairing drains, faucets, and other plumbing materials that accumulate water or leak. Remove and replace saturated materials in interior walls.
4. The use of pesticides shall not substitute for pest management measures described in subdivision three of this section. Any pesticide applied shall be applied by a pest professional licensed by the department of environmental conservation.
5. As used in this section the following terms shall have the following meanings:
(a) "Pest" means any unwanted member of the Class Insecta, including, but not limited to houseflies, lice, bees, cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes and wasps, and such members of the Phylum Arthropoda as spiders, mites, ticks, centipedes and wood lice, or of the Order Rodentia, including but not limited to mice, Norway rats, and any other unwanted plant, animal or fungal life that is a pest because it is destructive, annoying or a nuisance.
(b) "Integrated pest management" means ongoing prevention, monitoring and pest control activities to eliminate pests from any building, lot, or dwelling. This includes, but is not limited to, the elimination of harborages and conditions conducive to pests, the use of traps, and, when necessary, the use of pesticides.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.