What's happening
This bill requires landlords to regularly inspect, prevent, and remediate pest infestations in residential properties using integrated pest management.
Why it matters
Shifts the burden of pest prevention and remediation more clearly onto landlords. , making them legally responsible not only for addressing infestations but also for taking steps to prevent reasonably foreseeable pest problems and underlying building defects that contribute to them.
Mandates regular inspections and detailed recordkeeping. , requiring landlords to investigate for pests at least once a year (and more often if needed), keep records for five years, and make those records available to the health department—potentially increasing transparency and accountability.
Specifies required pest management practices. , such as sealing entry points, removing pest debris, fixing water leaks, and using integrated pest management techniques—meaning landlords can no longer rely solely on pesticides, and must use licensed professionals for any pesticide application.
Informs tenants of their rights and responsibilities. , as leases must now include clear notices about pest management obligations, helping tenants better understand what to expect and when to report issues—potentially improving tenant health and quality of life.
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Who cares
Residential landlords
They would have to inspect occupied units and common areas at least annually, retain inspection records for five years, and promptly remediate infestations and underlying defects.
Residential tenants
The bill would declare pest infestations a breach of the warranty of habitability, except when caused by intentional or willful acts by tenants or people under their control.
Pest-control professionals
Any pesticide application would have to be performed by a professional licensed by the Department of Environmental Conservation and could not substitute for required pest-management measures.
New York State Department of Health
The health commissioner would prescribe inspection record requirements, and landlords would have to make those records available to the department upon request.
Headline styles
Make Landlords Fix Pest Problems
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
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.
Landlords Must Fix Pest Problems
In Assembly Committee · Housing · Sponsor Pamela J. Hunter
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5975
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
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
S. 5975 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.
Sponsor's memo
Title of bill
An act to amend the real property law, in relation to the responsibility of a landlord to remediate pest infestations
Purpose
Establishes infestation of pests in an occupied dwelling as a condition dangerous to health and establishes requirements for prevention and remediation.
Summary of provisions
Section 1 amends the real property law by adding a new section 235-bbb that establishes standards for the remediation and prevention of pest infestations that are not caused by the willful or intentional act of the tenant, lessee or person under his/her control.
Justification
Renters across all of New York State deserve housing that is not compro- mising to health or diminishing to quality of life. Across the state, many tenants and especially those in poverty, live in substandard hous- ing that is frequently subject to pest infestations through no fault of the tenant. By performing annual inspections, conducting routine mainte- nance that prevents pest entry, and using other integrated pest manage- ment measures, landlords can significantly reduce the likelihood of pest infestation and greatly improve habitability.
Legislative history
New bill
Fiscal implications
None.
Effective date
30 days after becoming law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date are authorized to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.